that would be a start. and that's our show. thanks for watching. charles: hopefully it will be fixed, here is lou. >> president pledges administration next week will unveil new security measures to keep america safe. mr. trump insists that safety of all americans is his top priority. >> we'll do something very rapidly, having to do with additional security for our country, you will see that sometime next week. lou: we take up the left's effort to block trump administration at every turn no matter the risk to our national security. fred barnes joins ni me. >> also, black lives matter democrat or physically blocking education secretary,

betsy devos as she tried to enter a washington dcmiddle school this morning, we take up the left's ignorance, tolerance and the cost with kimberly guilfoyle. and hundreds of thousands of iranians protesting against america on the anniversary of 79 islamic revolution. iranians chanting, death to america, and holding up effigies of president trump, general jack keane with me as we take up iran's threat not only to the middle east but to the world. >> good evening, a white house source selling fox news tonight, that the white house will not likely appeal the 9th circuit three judge panel decision to his vetting order. the administration could file we're tolland merge appeal

with supreme court, and is investigating to fight it out as well in u.s. district court in seattle on the merit of the case. president trump today vowed quick action. >> tremendous threats to our country. we will not allow that to happen, i can tell you that right now, we will not allow that to happen. so we'll go forward and we'll be doing things to continue to make our country safe. it will happen rapidly. we will not allow people into country who are looking to do harm to our people. >> fox news chief white house correspondent john roberts is at the white house, following this story. good evening, what is the latest? reporter: good evening, hard to figure out there were cross signals and mixed wires, about 5:00, we were told that it was unlikely that the white house

would appeal the 9 circuits court of appeal decision. we were told that it was not likely they would appeal that to either supreme court or an on bank session. then we learned a while later, wait they might take on to supreme court, reince priebus said all options are on the table, they could go to the supreme court, they could go on bank session of 9th circuit courts of appeal, then we learn a judge from the 9th circuit, wants all of his or her colleagues. to vote whether or not 9th circuit on bank should rehear the case that the three-judge panel denied the stay of. now 9th circuit court of appealing reaching out for

briefs to whether or not the case should be reheard. i informed reince priebus of that, he ran back into the white house coconfer with his colleagues, then white house may rewrite the executive order on extreme vetting, tighten up the language so there is no legal problem with it. president trump spoke to the pool about it. >> the unfac unfortunate part is it takes time, we'll win that battle. we also have a lot of other options, including filing a whole new order, i like to surprise you, we need speed. for reasons of security. it could very well, that we to that. reporter: difficult to hear but president said they might rewrite the order that would be extreme vetting executive

order, a pi big problem that 9 circuit judge had, it did not have a specific carve out for legal permanent residents of the country. and people who were here on visas, if they were students or professors might not be able to get back in, if they left to visit family at home, white house is mulling this over, potentially rewriting the executive order to rewrite the language, and other executive orders appreciably coming down next week. and maybe one i saw that would keep detention center at guantanamo bay open for a period of time, we get this minute by minute, hour-by-hour. lou: the complexity that is presented to the president and his administration by all of these events that are taking place, some historic, including the 9th circuit courts ruling.

i mean, everyone does need a program, and the press, and you john, following all this, itas to a difficult, difficult chore. any president is difficult to cover, but this administration with all of the incoming, all of the initiatives he has going. just to put it -- make sure i have the score correct, this is tw 23 exec of executive actions in 3 weeks in. >> quite a number. don't forget, other thing that is going on here, is this president has got a lot of enemies, a lot of opponent, literally anything that comes out of the white house will be opposed by one group or another, we talk about this one lawsuit filed by state of minnesota. and washington state. in seattle, federal district court, judge napolitano may have the better figure but i

think 23 or 40 suits that are waiting to go against what the president has been doing. >> talking with the judge -- >> -- reporter: a lot to look after. lou: talking with the judge last night, his count was 47 knowing the way of this, number probably has risen. probably not declined in 12 hours. john, thank you for keeping us up-to-date, doing a terrific job from the white house. charleshouse. reporter: trying hard thank you. lou: donald trump referred to 9th circuit court ruling as quote political decision. and by the way he is right. here is why, looking at our supposedly impartial judiciary. liberal or left wing 9th circuit court is the most overturned appellate court in the land, with an 80% reversal rate, that according to

american bar association. think of that, 80 percent of its rulings are over turned. that studied by the bar association, looking at 10 terms of the 9th circuit court. liberal majorities now control 9 of the 13 circuit court of appeals. that is 70% of them, and primarily because of former president obama, who managed to place more than a third of the 179 judges on the federal appellate court, and liberal slant found in federal district court, 51% are democratic a.yes, only -- appointees, and only 34% are republican. that difference is 14%, and those district court judges, well, they -- we don't have judges, those seats are vacant. trump has a monumental, opportunity to begin turning the troubling trend to the

left around in our judiciary. with 118 total judicial vacancies right now, that is 91 in district court. 18 in appellate court, and one supreme court justice. that neil gorsuch has been nominated to fill. our first guest tonight said that law is now on president trump's side. joining me now, executive editor at weekly standard fred barnes. >> thank you. lou: here we are friday, and it has been an extraordinary, another one, week, a third week of this presidency, in terps of news, and -- terms of news and challenges he faces. >> indeed. he has done a great deal, but he needs to do now is get lawyers who won't let him down as he has been let down so far on this immigration case. look, president has under constitution, the right to

create and enforce immigration policy, statutory law that gives him, that i instead his lawyers are arguing this is why he it this and so on, and the judges are asking about president's motives, and lawyers talking about that, but most glaring area was that all these judges, in this district level and appeal level raised this question, well the 7 countries, they have not sent and terrorists, they have not come from there, since 9/11. and the justice department lawyer, for president trump, did not know that there had been more than 60 cases, convicts, he said he it not know. the -- >> i can hear your frustration with the justice department attorney whose performance was -- well left something -- >> abysmal. lou: to be desired. but perhaps you should be inquiring of district court

judge for western district of the state of washington, and 9th circuit court of appeals and three-intjudge panel, they started to look to quote the merit. trying to i supplant presidency with understanding of national security issues, it was a farce over level. i wonder this one appellate judge from 9th circuit who now considering an embank manager of this case, perhaps he or she, whoever requested is, it embarrassed as what they did. because for right now, not only is it most overturned circuit court in the country of the 13. it is also embe embarrassing, and ut arel utterly a farce

without qution. >> 9th circuit has been for many years, it is overturned as rapidly as you say. but, the donald trump cannot change that in short run but he can change his legal defense, supporting his policy, that is popular politically, but it has not been argued in favor effectively. if i am in the a lawyer, and i know the a aming that are paramount - -- the arguments that are paramount here. lou: general flynn, talked about sanctions with the russians before he moved to wow houswhite house and administration. he said he can't say he remembers it but he can't say he didn't. a national security adviser who does not were elements of a basic relationship with one of the two principle if you will gee gee -- yeey. gee.

what to -- do we make of it. >> it was improper. what is he thinking? i don't know whether the logan act applies, but he was dealing with the russian ambassador. that was improper. there have been complains about general flynn before, i never met the man, but i thought from the beginning that john bolton, should have been national security adviser, maybe now is the time to make it happen. lou: fred, thank you very much for that. great to see you, have a great weekend thank you. >> you too. lou: we're coming right back, much more ahead. stay with us.

>> president trump vows to protect all americans from threats at home and abroad. >> there are tremendous threats to our country, we'll be going forward, and we'll be doing things to continue to make our country safe. lou: we take up our commander in chief's fight to secure america with the 5's kimberly guilfoyle. >> the left attacking free speech, democrats heckle congressman o chaffetz in a congressman o chaffetz in a town hall in utah, many inpausea 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.

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lou: welcome back, headline reads, anger erupts at republican tal up to hall -- town hall. the cnn headline, with a town hall last night, cnn article states this fury is flaring up in some of most conservative corners of the country. there is fury en masse. a further look, shows that

there was a left wing social mead crmedia sober -- taking place before the event. no way were they, they were left wing activists, and left wing protesters today also blocking newly confirmed seetary of the department of education, betsy devos from enring a washington d.c. public school. it was a black lives matter demonstration. even standing in front of her vehicle. devos. made it into the jefferson middle school academy, and let me tell you how important it was for her to get in there, more than half of the students enrolled, did not meet or partially met expecting in reading and math during the last school year. and these -- these fools, are

blocking her entrance, trying to help that school and those kids. black lives matter should just absolutely be ashamed. it is awful conduct on any level. joining me now, kimberly guilfoyle. >> great to be here. i can't stand it for another minute, these education obstructionist. i am know educator made, i work with special education, my son was in public school in new york and private school in new york to see the different, and compare that with schools in trans and th san francisco and country, education is important. and school choice should also matter, sometime it does depend on where you were born, where you live, what school district you have unions

destructioning all of the way, keepinkeep tenure for teachers, that are unfit to educate. lou: what is black lives matter doing. a woman who wants to improve, they have some bloody message they want to clear out, that has no sense no rhyme or the reason. >> if you asked them, they would not be able to answer you. lou: the people fundinand organizing, they are more of the deplorable left. >> they should be punished, to try to deprive a child of an education to better themselves, and their family going forward. it is very disconcerting to me, let the woman go to the school, get the information and fry t try to make it. >> they are scared, do you know? do we have the statistics, enrollment student in public

charter schools by city in flint, michigan, they move from public educational system, there is no discipline, there is violence, no call fee education, -- no quality education, and too many of public schools, the great equalizer in our society . flynn michigan, 53% of them now in public charter schools. in the same in detroit, kansas city, 43%, in new orleans 92%. that does not include private charter schools. i mean, parochial and private, this is what is going on, they are scared. the public education. >> there has been a big fight about this in new york city, we have had to get up in arms about education to provide what children need to succeed going forward, to stop a cycle of poverty, and violence in

neighborhoods, so they could have economic opportunity, and be the masters of their own destiny. lou: two realities, in that chart. it is happening nationwide. that is, one, teachers union, they are failing, they are not only failing but now they are part of the problem, thesur are i dot thin young children and families are making a decision to get away from them, to somewhere that offers them a chance to get a quality education. >> should that be something that every child is entitled to, to have that choice, charter schools found a way to should be embraced, they are blocking a car, and blocking door, to education equality in this country. lou: kimberly, there are a lot of things going on right now with kellyanne conway. i thought it was funny that hillary clinton tweeted this,

3-0, talking about court ruling by 9th circuit court of appeals, almost refer -- >> they are overruled 80% of the time. >> we i do' to point out, kellyanne conway her response, to this. there you go. pennsylvania, wisconsin and michigan. >> don't you love it. lou: i do love it. >> this pleases you? >> it does. >> me too. lou: thank you very much. vote on our poll, is left wing judiciary undermining our republic? cast your vote on twitter, we would like to hear from you. >> hint, yes. >> follow me on twitter, like

my on facebook, and follow me on instagram, and. wall street, stocks all-time highs. record closings, i think that president of the united states is getting a little more popular than media is ever going to stand, dow with a new record high close. volume on the big board, 3.4 billion shares. dow, s&p, nasdaq, posting gains of 1% since the election, market posting almost 2.5 trillion dollars in increase market cap. a pretty good day, crude oil up more than 1 .5%, listen to my reports 3 times a day, coast-to-coast on salem radio network. up next, national security adviser general michael flynn under fire over conversations

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lou: new questions about the president's national security advisor michael flynn and a conversation he had with russia before president trump took office. reporter: the white house is walking back a report that mike flynn spoke to the russian ambassador about sanctions imposed by the obama white house. the telephone call in question took place on december 29, the same day president trump struck back at russia and expelled 25

russian diplomats. flynn told:mike pence he had not spoken with the ambassador about the sanctions. it could have been a violation of the logan act which baru.s. citizens from interfering with foreign policy. >> i spoke with general flynn and the conversations that took place at that time were not in any way related to new u.s. sanctions against russia other expulsion of diplomats. reporter: today the white house changed its tune about the detail. flynn said he couldn't be certain the topic never came you have of the revised statement came after "the washington post" and multiple news outlets reported that the fine has a transcript of the phone call and current and former intelligence officials say according to that

transcript flynn may have indicated trump would relieve those sanctions once in office. >> there will be a violent reaction in the congress. reporter: ranking members of the oversight committee have called for the suspension of security advisor flynn and block access until the situation is fully investigated. sources close to flynn save he does not remember talking about sanctions with the russian ambassador. what concerns them more is this information which should be classified, is leaking out. lou: a lot of leaks coming out in the nation nation's capital. we are coming back with much more. stay with us. our top commandser in afghanistan is calling for more troops.

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lou: hundreds of thousands of iranians in the streets tehran to mark the anniversary of the '79 islamic revolution. this so-called day of rage coming a week after the white house put sanctions on iran for test firing an icbm. they have launched 14 since the nuclear agreement was signed in 2014. joining us, general jack keane. great to have you with us. the iranians chanting death to america is nothing new. but the provocative test of these missiles, and the continued rhetoric, is this a signal that we are headed toward as they tiled it, dark days with iran? >> i think president trump has turned the panel on iran.

iranian behavior since 1980 has been pretty stark. they used their proxies to blow up our he bassien on barracks. no republican president has contested this behavior. this president is going to do just that. this iranian behavior more so than the nuclear deal because they want to dominate and control the middle east. they have had success in lebanon and syria. and this provocative behavior as you indicate is weakening the alliance between the sunni arabs and the united states. so this president is saying no, enough is enough. he's going to begin with sanctions and he's willing to confront them. it doesn't mean conflict and war. but it means we'll stand up to this aggressive behavior.

lou: give us your sense, iran seems to me at least to be playing with fire. because they could have nearly all of their structure leveled in any conflict in pushing the united states like this, it's a stupid thing for them to do. and it is a highly risky strategy on their part. am i mistaken in that view? >> yes. they are emboldened by the nuclear deal and the $150 billion wind ball they got. this strategy for 50 years has worked. they have come nation control in countries using their approximaties. so i think they are going to continue to push until we push back. >> but that's what i'm asking.

it would seem to me the youth with it advance weaponry and technology could eliminate such a huge percent and of their structure. they won be able to recover from it economically. forget militarily, for decade. >> they don't we would ever do that. they are convinced the youth is not going to go to war with iran over their behavior in the youth. th president is ying to show the clear intend, i have clear capability and the intent to use it, and you must understand that. that is different. >> let's turn to and *. we are at a stalemate according to the commander of our forces there. this -- a tail mate doesn't sounds like a good place for us to be given the evident that we have put into afghanistan over the coast of the past 16 years. rather than go through how we got here, how we can start talking about achieving a

military objective as strategic objective in afghanistan or should we simply withdraw? >> we should not withdraw. it's such a troubled area, this is the area that struck our homeland again. and they would do that again if they were able to get a sanctuary going again in afghanistan. it's a war not winnable on the current policies. we need a comprehensive strategy to deal with afghanistan. the fact that there are two sanctuaries in pakistan that the taliban have, it's outrageous because the pakistan military are helping them. that must top. then the commander need to be told, put together a plan together with central command and the pentagon on what is needed in terms of resources to make this commitment once and for all and bring this to an end. yes, of course it is winnable if we h the right campaign plan in place to deal with this.

>> general jack keane, thanks for being with us. please roll 9 video. it's one thing to see an avalanche, but a different thing indeed to be see skiing through it. watch as that's what happens to this thrill seeker trying to outrun the massive avalanche in the mountains of montana. he remained calm, maneuvered his way to safety with the narrowest of margin to avoid death. a happy ending. up next. pope francis taking. >> the thinly veiled shot against president trump. he says society should not raise wall, but bridges. yes, pope francis lives in vatican city surrounded by walls. 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.

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lou: joining us tonight, pastor robert jeffress. great to have you with us. i want to start with this extreme vetting priority. a lot of people saying that the president is putting too much emphasis on this, that it's not

right because it does include muslims. your thoughts from the perspective of your faith. >> first all, we have done that as a nation in the past. we waited too long but eventually in the 1940s we helped persecuted jewish people. so we have done this before. when people say this is unconstitutional to use a religious test for who can and can't come toe up this country, and that's wrong. the constitution has nothing to say about a religious test for discrimination. the on time ridge test is used is in article 6 regarding who can run for government. lou: i'm smiling a because the judges didn't have any concern about the constitution, they didn't refer to the

constitutions or the statutes that would limit authority. pope francis today said this, and i want to quote him exactly. a christian would never say you would pay for that, referring to the wall it's one thing when the pope before said build bridges and nowas and so forth. even though it's outright contradictory since he lives behind walls. but to say a christian would never say you would pay for that is the pope intervening in the political, secular poll continuing of this country. >> i believe the pope is sincere. he's just sincerely wrong about this. he says the bible says we are not to return evil for evil and not seek revenge. he was quoting from romans

chapter 12 about individual christians. but paul says the government is suppose to exact revenge against attacks on its citizens. the president has a god-given responsibility to protect this nation. lou: pastor, we appreciate it. pastor robert jeffress. lou: president trump promises a big announcement on taxes and tax cuts. stay with us. >> we are in the process of working on a tax reform that will massively reduce taxes. will massively reduce taxes. we want to make it easier to doa 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,

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hello my name is watson. yep. h&r block and ibm watson together. creating a future of more money going back into the pockets of more families. welcome to taxes won. h&r block with watson. come see us and get your taxes won. lou: in our online poll we asked you do you think the supreme court is capable of make a fair and neutral judgment of the president's executive order? 66% said no. that's our modern politicized judiciary. tammy bruce, good to have you with us, and john fund. good to have you with us. this is laid bare for all the

world to see, particularly americans, that our judiciary system is as politicized as much as any other part of this government. >> what you have did earlier with the numbers of how many judges and how they have been appointed. we know there is no more i have nicks high school. it's been a civics lesson. it has the potential of being an even better one with information like what you provided this evening. before it shows that even another judge gorsuch note in his acceptance remarks is th's judges are lawyers in robes, and they come with this kinds of buy as. clearly something has to be done. it has to be changed. lou: judge gorsuch making that crack, it's insulting to the man who nominated him. that's an elitist, extraordinary

view to hold. >> i grant you that all of what you just said is true. lou: then we have nothing furpt tore discuss. >> it doesn't change the mistakes the administration made. if you wave a red cape in front after snad judge you are going to get the kind of result you just got last night. i think lawyers are surprised it was 3-0. lawyers were surprised with the george w. bush appointsee. i think the reason it was so badly written and the administration has been attacking judges. lou: at least one judge on the 9th circuit court of appeals knows they made a farce of themselves, a mockery. >> if they have an en banc

hearing they will lose that, too. >> the way to do that is to break up the 9th circuit. lou: you would have two of the same. >> i live in arizona. i think they will be a conservative circuit. each state appoints its own judges to that appeals court. lou: they do not depend on the state for who puts them into the court. >> there are a certain number of seats for each state. lou: they have to be referred by their senators. >> it was george bush's appointee in washington who started this. >> sit was not his appointee. >> the fact of the matter is this. we now have a man in the presidency who wee have to make

sure appoints generally conservative -- there are so many off seats, trump has got to make sure that's one of his priorities filling those seats. lou: we have a circuit court in this country, and liberals control 70% of those circuits. the left, i think controls them is another way to put it better. we have a huge problem here. the left is antagonistic toward its own country, toward its own values, it's tradition, its history and its people. >> the argument that you can't critique the judiciary coming from the same people who are critiquing the president of the united states in obscene ways, 24/7. even the commend day towards, everyone else is the judiciary is an untouchable thing.

>> another way to do this is the president should raise term limits for justices. i think it's ridiculous to have lifetime appointments in this age. you can take care after lifetime issue of. they serve 12 years in the supreme court, then they go down to the supreme court. we need term limits for judges like we need them for congress. lou: betsy devos, the secretary of education, turned away from a publicchool that has at least half of its students unable to meet standard for reading. at what point is enough enough? >> it's going to be enough to some degree when we obliterate the democrat party in 2018. americans don't like this.

we don't like the obstruction. this black lives matter. groups like acorn, occupy, this all the left has and americans have rejected this. >> a lot of these groups get funded by george soros and they get funded through hud and poverty grants. let's defunds these groups. if they are going to suppress free speech and prevent students from being helped, not a single dollar should go to them. >> that's what we did with acorn, but then they changed their names. we have to cut it off at the root. lou: if the school had had a perfect performance and her appearance was an intrusion, but to assign the children to an interruption -- >> especially in a district where the children to go to chatter schools are doing so

much better. lou: that's it for us tonight. we thank you for coming with us. michelle malkin among our guests. have a great weekend. good night from new york. >> announcer: from fox business headquarters in new york city, the new "wall street week." gary: welcome to "wall street week." the show of record for long-term investing. i'm gary kaminsky. trish: i'm trish regan. here are some of the rally aftereffects from donald trump. scaling back the dodd-frank banking bill. banking sector is the big gain sense donald trump won the election. gary: bob diamond the former barclays ceo. an excellent tweak review everything that happened in