have earnings at all multiple. avoid things like apple, amazon, facebook. some of these stocks that really ran. liz: good to see you. michael binger, gradient investments senior portfolio manager. >> thanks. [closing bell rings] dow closing up 66. nasdaq on pace, looks like that is all-time high closing level for it. as we zoo that. david, melissa. you take it from here. neil: thanks very much. stocks rise above the political noise climbing into the close. the dow seeing 110 point swing to end up more than 60 points. s&p 500 is in the green as well. but take a look at the nasdaq, closing at a brand new record high. tech stocks on fire. i'm david asman. melissa: i'm melissa francis. this is "after the bell." we have you covered on all the big market movers but here is what else we have for you at this hour. president trump throwing down the gauntlet telling the house freedom caucus get on board with the gop agenda or else. the freedom caucus is fighting

back. this as the caucus looking for republicans to make progress on spending and tax reform on looming threats after government shutdown and a battle in the senate over supreme court nominee neil gorsuch. we'll take you live to washington for the latest. among our guests we have congressman mike kelly from the house ways and means committee, freedom caucus member, ken buck, and sheriff david clarke. neil: who do we not have? american express, goldman, the biggest winners but tech titans driving nasdaq to a record close. lori rothman is on the floor of the new york stock exchange. hi, lori. >> david, you have the 21st record close for the nasdaq so far this year. we have 10% year-to-date for the tech-heavy nasdaq we classically call it. it certainly deserves that title today. you have so many tech heavyweights hit hitting or trading at all-time records.

let me run through these for you. facebook was down today, but it touched its highest level ever. look at netflix, up better than 1%. that is the second consecutive record close for netflix. apple closed higher would have been a third straight record close. but it is still worth mentioning. amazon, microsoft, all trading in record territory. for microsoft, the fourth record of the year. banks were higher today. the second take on first quarter gdp, 2.1%. that was better than expected. good news there. lululemon, love the headline, leaves wall street sweating, shares tanked today, down 24%. story with lulu, they had pretty good holiday seas, analysts were excited about that but warning about sales going forward, lululemon the yoga pants maker. neil: that is too bad bucking the positive trend. melissa. melissa: americans who representing for change. new "fox news poll" 73% of voters want tax reform this year, no kidding! but the white house is facing

another hurdle before it can move forward on tax cuts. the congressional budget office releasing its long-term budget projection, predicting federal budget deficits triple in the next three decades. blake burman is standing by at the white house, blake, who listens or trusts the cbo anymore? reporter: sean spicer cast doubt on that organization. it does say that the numbers, he does trust. but as far as it relates to tax reform, this was first and foremost on the president's agenda on this day. he met with steve mnuchin, treasury secretary earlier this morning. met with gary cohn as well t was tax reform on the agenda according to white house press secretary sean spicer who says they are in the first phase of discussing tax reform. i asked him about the poll, that 73% number that you just brought up at the white house briefing earlier today, the question i phrased to spicer was this, if 73% of the americans do want to get this done this year, is this the first priority at this point

for the trump administration, or, with health care still being out there as a possibility, is that taking up some of the oxygen? here was what mr. spicer said to me earlier this afternoon. >> i don't know that it is taking up oxygen. i think there is plenty of oxygen for both to go on. if you look at timeline for tax reform you're talking several month. so i think that the process is beginning on that. i think you can have a dual track strategy. it is not an either/or proposition. reporter: meantime you mentioned the congressional budget office. they released their long-term projections today looking at 30 years out and numbers present a messy fiscal picture. to give you a couple of highlight from there, melissa, the cbo projecting deficits rise from 3% of gdp this year to nearly 10% in 2047. 30 years from now. the nabs debt which currently stands at 77% of gdp. cbo estimates that will nearly double to 150% in 20947. melissa. melissa: i'm sure like with some

of their predictions they will be dead on, blake. i'm sure that, probably just nailed it. nailed it. reporter: those are the numbers. melissa: yeah, right. neil: static analysis is the problem. melissa: right. neil: republican congressman mike kelly from pennsylvania. he knows what the real economy is like. he was a member of the real economy. he is member of the house ways and means committee. they write tax laws. you were a businessman. you used to sell cars. you did a damn good job at it. i would say when 73% of the american public, american voters want tax reform, that's an easy sell, is it not? >> it certainly is but you have to come up with a product that you can get across the finish line, so, david, we are on a trajectory right now. we've got to get these things fixed and up and restore the confidence of the american people in the type of government we have. certainly so far it is a disappointment to many. we can fix these things especially people with the private sector who are willing

to go and serve. that is the key. neil: you're an example of somebody who is willing to do that. god bless you for doing it. it is a lot easier to sell something like clear, lowering your taxes. 73% of the americans want it, than it would be to sell a health care bill nobody understood and fewer people were willing to support. that was the problem with health care bill. >> that was a big problem with the health care bill. you know, as the president -- i don't know of anybody that worked harder than the president. he worked to make sure, got better for somebody. but one side is got bert. for other side it got a little more bitter. in the end we couldn't get together. democrats begging us six years to help us fix this help us fix this. we came to the table, you know what here it is. not one of them would vote with us. neil: that is because they were saying help us stay in congress. help us stay in the senate. but the key lesson, forgive me for interpreting all this, i asked your opinions about this,

the key lesson is learned you have to make it simple. you can't make it complex. with taxes it is very simple. you get rid of taxes or lower taxes. you don't add any new taxes. >> well, that's right but we can have rising revenues because of our economy getting stronger. right now we're in trajectory, our revenue this year will be somewhere around 3.18 trillion. but you have to talk about that in everyday terms. people i talk to in our dealership, look you make $31,800 a year. however you're spending $38,000 a year. you have not only done this year, you've done it year after year after year. you have really ruined your financial future going forward because you haven't been able to address real problems. neil: again, congressman, i'm trying to keep it as simple as possible. there is talk about a new border tax. shouldn't you just, just be talking about either ending taxes or lowering taxes, not adding new taxes? >> i am 100% on board with you on that. that is something that we can

sell to people. they can understand. this other thing that we're going through is kind of exercise in futility, people say i have no idea what you're talking about. here is my concern, david, we have to make sure the price on the shelf doesn't rise for those people that work so hard. middle income people and lower income people. neil: right. >> unfortunately what i'm looking at right now doesn't address that. if it is pro-growth tax reform it has to be pro-growth tax reform the one thing i hope we learned last week, doing autopsy why it failed, what will we do to make it easier on hard-working taxpayers. measure twice, cut once. get as much information and then go forward. neil: can you get the freedom caucus on your side? can everybody work together? we saw the tweet by donald trump saying the freedom caucus will hurt the entire republican agenda if they don't get on the team and fast. we must fight them and democrats in 2018. i don't think that is a way to get them on your side, is it? >> you know what, i don't know. in some cases you can get seem

on your side. i'm a guy sold cars and trucks all my life. i only can make a sale to somebody that wanted to buy a car or truck. if they're not buying, they're not buying. you come up with a scenario. how do you get them there? right guy at right place. ahead of time, below budget. this president knows how to do a turnaround plan which is what america needs right now. neil: that is a congressman who knows how to sell stuff. i hope you're successful selling tax cuts. congressman, thank you very much for coming on. thank you. >> thank you, david. appreciate it. melissa: let's bring in our panel. scott martin, kingsview asset management fox news contributor. veronica daguerre, "wall street journal." what did you think of what you just heard? >> republicans in congress have their work cut out for them. we had the backdrop today of that cbo report. as you noted it is an estimate. there is always projections. think about people in the freedom caucus, think about the deficit hawks within the republican party. if you're trying to do things like tax reform. trying to do things like tax

cuts or infrastructure spending some of the things trump is trying to do, you get a report like this today, that makes the. melissa: scott, mark meadows said before he didn't think the tax plan didn't have to be revenue neutral on the first day. that is a step in the right direction. at the same time the freedom caucus has not been helpful so far had this presidency. what do you think happens there? >> well, i mean you're right. revenue neutral nonsense was i believe was overdone. i didn't think that necessarily had to be the main sticking point what we're talking about here. to her point, we get story out cbo everybody using reason not to go to the trump agenda. cbo is consistent, you can count on them to be completely off base. melissa: right. >> look at projections obamacare, how many would be insured, what medicaid would cost, totally off base. take the cbo report, trump agenda has to be derailed here is totally fraudulent in my opinion. melissa: they use static analysis which is total bs all we know.

>> it doesn't work. neil: i just found out veronica is vdag. melissa: you just found that out? where have you been? neil: san francisco fed president john williams says three rate hikes might be r not be enough to keep economy on track. take a listen. >> the views my colleagues expressed in various projections three rate hikes for this is might be right. i think there risk, upside potential to the economy. maybe we need four rate hikes this year, depending on the economic data. neil: scott, why isn't the market freaking out of thought of four rate hikes? >> because, david, it is something that the market needs. i know that sounds crazy, how many times have we talked on the show, mainly last year, mainly the year prior the market could not take higher rates. we have president in the white house that cares about business. we have pro-growth policies. we have an economy being allowed to breathe on its own. having the fed back in play to the right side finally letting

interest rate go up, doing right thing by putting hikes is what the market wants to see. neil: veronica, we want our taxes to go down. there are other things happening. they're slowing down or stopping a lot of the regulation that was stifling the economy. getting rid of a lot of bureaucrat in washington. there are a lot of things happening making it easy to do business in america, right? >> right, that is the hope. we still need to see concrete steps taken. neil: we have. look at pipeline. the pipeline is a concrete step that was taken. it will mean more jobs for all americans and more energy for the business companies right? >> right. but we also need to financial regulation. what will happen with that? we have a lot of talk what is actually going to happen. same thing with tax reform. so how many rate hikes we get, really going to depend on a lot of things, data being a big part of that. i think the fed want to see what will actually come out of some of these fiscal policies trump is he proposing. what is going to actually happen versus what is proposed.

you i think that will leave some of the uncertainty out there when it comes to interest rates. neil: good you have in. vdag. good enough. thanks very much. i appreciate it. big city mayors fighting back on cuts in federal funding. seattle slapping the white house with a lawsuit. outrage is growing over massachusetts lawmaker who tipped off illegal immigrants about i.c.e. raids. melissa: get on board or else. president trump telling the house freedom caucus to back the republican agenda or be out of a job. ken buck from the freedom caucus responds. neil: helping devin nunes getting intel. sean spicer getting grilled at the -- >> that means, you said but i think it is. >> ask you that question. that is not what i asked. when you have that connection of dots, all the way along, does the process, does the provenance of this information become

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marco polo, lost & found. grace and frankie, hemlock grove. season one of... show me house of cards. xfinity watchathon week starts april 3. get unlimited access to all of netflix and more, free with xfinity on demand. neil: new details surrounding the disclosure of intel reports. white house press secretary shaun speiser grilled. -- sean spicer. peter barnes with the latest. nunes came out and talked about this. what have we learned? reporter: he wouldn't comment one way or the other on speculation, david. this story, fueling criticism that chairman nunez has been eager to do the bidding of the trump administration while his committee was supposed to be conducting an independent investigation of russia's involvement in the last presidential election. president's press secretary

declined to comment on the story but punched back at reporters new questions on the matter. listen. >> your obsession with who talked to whom and when is not the answer here. it should be the substance. in the same way when you guys print a story with 18 anonymous sources your obsession is substance. you continue to look at it from backwards prism, who drove in what gate, who did they meet with, what were they wearing today as he opposed to underlying substance. did something happen in the 2016 election? did leaks occur. we are not going to engage, actively in that kind of leaking that has been a problem. reporter: but, spicer says the white house was inviting top republican and democrat members of the senate intelligence committees to review new material relevant to their investigations. he said there was information, material, that had come to light that the white house want to make sure that the people who are conducting this investigation, these

investigations have. spicer said the committee, the committee members have been invited to the white house to review the materials in a classified setting. the top democrat on the house intelligence committee adam schiff, says he will take them up on this but he is not sure it is the same information that the "times" reported on. david. david: we shall see. if you've been watching fox business today, you know the man on right side of your screen, his last day at fox. peter, i don't know if i'm sadder or madder at you to talk you out of it. you announced this thing without having a fight about you leaving. but we do wish you the very best. we know you're going to boston. it is a wonderful town. good luck, my friend. >> thanks, david. thanks, melissa. melissa: we love you. we'll miss you. reporter: thank you. melissa: trying to follow that, karl rove, former gw bush chief of staff and fox news contributor. thank you, sir, for joining us. what do you think of the latest

back and forth? schiff saying within the last hour or so he received a letter from the white house invitings him there to look at whatever materials these are. i would love to get on to that at this point so we could talk about the substance. what do you think? >> well he is going to be able to look at them. i doubt he will talk about the substance of them. let's step back for just a minute. we have authorized wiretapping of some form of foreign diplomats, not russians, but foreign diplomats. during the 2016 campaign and the aftermath. during that wiretapping, during that surveillance, they talk about contacts with people in the trump campaign, trump transition. and those names are unmasked in the intelligence report. then circulated in the government. that is inappropriate. you're supposed to take enormous steps to make what's so-called incidental surveillance of u.s. citizens, to mask their identity unless it is necessary for the

purpose of an investigation or a prosecution. so, what was found by apparently cordtoring "the new york times" white house staffers was this kind of intelligence with the names of people in the trump campaign unmasked, devin nunes went to look at that i'm happy that adam schiff will go look at it. you will notice he took a partisan slap when he was invited to go. let's hope he looks at the intelligence and lets it go forward in the normal way. if that material exists in form it has been described i'm pretty confident the fbi is investigating who unmasked names in inappropriate fashion. so there is ongoing investigation that could end up sending somebody to jail. >> flip side, democrat are obviously focused not on that, not on the unmasking. >> right. melissa: what they're talking about is this collusion with russia. that even though it is hard to keep track of all the back and forth at this point, but nunes said this had nothing to do with

russia. they glossed over all of that. we're back to did the trump campaign collude. and that is the focus. >> look, "the new york times" confirmed this material did not involve russians. it involved somebody else. so if they want to keep suggesting that this is somehow collusion, it shows foreign diplomats, not russians, talking about contacts, trying to develop contacts with the trump transition, trump campaign. that happens all the time. let me tell you in a presidential campaign, particularly in the general election foreign countries are trying to develop relationship with whichever side, both sides, so they have an in with whoever wins. that is not a problem. what is a problem is, in those surveillance materials there are names of people, u.s. citizens, that have been revealed, in violation of federal law. it's a 10-year offense in jail, for unmasking those names. that is at the heart of this particular part of the episode.

and adam schiff will be hard-pressed, i hope he doesn't try to turn into this part of what he has been saying collusion. "the new york times" affirmed this doesn't have anything to do with russia. the original source said it had nothing to do with russia. nunes says it has nothing to do with russia. i would be surprised if schiff came out and said, oh, it is really russia. melissa: karl, thank you for your time. >> thank you. david: shifting a focus to trade. president trump only planning slight changes to one of his big issues on the campaign. next tony sayegh of the treasury department will respond. >> nafta is the worst trade deal maybe ever signed anywhere, but certainly ever signed in this country. ♪

david: just two months into the trump presidency and "new york times" already writing off president trump's economic agenda with a headline reading, quote, little evidence of trump bump in the economic forecast. okay. joining me now is treasury

department assistant secretary for public affairs, our friend tony sayegh. how is the swamp treating you, by the way, tony. >> it's a little chilly today, david actually. david: are you able to keep the swamp stuff away from business or does it encroach what you're doing? >> we're taking on the swamp with success we've met. david: part of the swamp is headlines i just read. two months into the trump presidency we have 2500 point jump in the dow since the election. we got all these pipelines going. we've got businesses coming into the white house saying they will bring in more jobs and businesses in here and "the times" says there is no bump at all, to which you say? >> well look, obviously you hit the nail on the head. when you see the markets reacting to the pro-growth policies and message being supported from this administration, that is very meaningful. this is why it is so important we focus on things like tax

reform, regulatory relief, finance reform. we agree. 1.8% growth is unacceptable. you need a plan for sustained economic growth. that is what comes if we do take on tax reform the way the president and secretary mnuchin are indicating. david: we've been talking about this for weeks, if not months now. the fact there is no better way to real substantial across the board tax cut, however, having said that there is a lot to be said for literally draining the swamp of bureaucracies, the regulatory bureaucracies that do fall away when you cut regulations themselves right? >> we have the two for one regulation plan, we cut two for everyone you add. excesses here in the bureaucracy here in washington. there is spirit in the air, david. we shouldn't gloss over it. there is optimism in so many sectors historic high. manufacturing is big one of them. the idea that you have consumer

confidence up so much because they do see that the there is an administration that is going to put the taxpayer first. going to put the people in this country ahead of the interests -- david: tony, they do hear the promises. and they hope that's going to happen. in fact the market has been holding on to, not its highs but pretty close to its highs. however, we haven't seen action yet. the economy does seem to be not catching up, the economy itself, the whole gdp is, hasn't had that real jump forward yet. when do you think that will happen? >> we sadly not had real gdp growth since the financial crisis. secretary mnuchin made it very clear he is looking for 3% growth which is veri' chiefable number. how do you achieve it? tax reform. when i see a poll from fox news yesterday, 73% of american people want tax reform this year, 75% of independent voters

and shows you understand we have a tax form package as we do, centerpiece, are middle income rate cuts, business rate cuts to generate economic growth and simplification of code that is how we get the growth in the our economy. david: tony, i teased you by suggesting there were only going to be tweaks in nafta. this was "wall street journal" artkel that appeared today. you say that journal article is wrong? >> this is incorrect according to who i have spoken to here. this is not the position of the administration yet. we don't have a united states trade representative appointed yet. i will remind you president trump is very committed to fair, balanced trade and one of the first actions he took saw unfair trade agreement like tpp withdrawing from that. you will take action where it puts the american worker first. david: tony sayegh trying to drain the swamp without too much rubbing off on you. thank you for coming in my friend. >> thank you very much, david.

melissa: oil back above 50 bucks a barrel. ending the day at more than three-week high, up nearly 2% at 50.35. growing optimism that opec will extend its production cut agreement. david: democrats still vowing to block supreme court nominee neil gorsuch but will their efforts fall flat? supreme court provides sore to president trump, leonard leo is here to weigh in next. melissa: president trump taking a jab at the freedom caucus. congressman ken buck is here to respond. ♪

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at your local mercedes-benz dealer. mercedes-benz. the best or nothing. melissa: the white house is pushing ahead on a bold agenda despite some republicans not being on board. i spoke with congressman ken buck earlier. take a listen. president trump going after the freedom caucus, tweeting today, quote, the freedom caucus will hurt the entire republican agenda if they don't get on the team and fast, we must fight them and dems in 2018. joining me now is house freedom caucus member, congressman ken buck from colorado. sir, thank you for joining the show today. what is your reaction to that tweet? >> i don't think it was helpful. i think whenever you put a group of people in the same category, you start getting people that become defensive. i was in favor of the health care bill. a number of freedom caucus

members were in favor of healthcare bill. a number of moderates were opposed to health care bill. it isn't the fault of the freedom caucus that it didn't move forward. >> can feel the frustration, can't you? a lot of people out there that voted for republicans of all types feel the frustration too. >> absolutely. each of us come from a different district with different priorities. we're trying to bring the priorities to the table to represent the american people as west we can. we need a better process and support to get this done. not taking shots at each other. melissa: what does that mean? what is the first thing you would want to do differently so people can come together to get something done on the right? >> well, in hindsight, if this had been rolled out earlier. if we had more time to build consensus in the country i think that there are negotiations going on. i think the best thing that can happen, the people involved in the negotiations don't, don't go to the press ever time something goes right or goes wrong and work together at the table to make sure this happens.

it is important to the american people. melissa: what's it like right now? are you getting closer to agreeing on things? let's talk first about health care. is there any progress? >> absolutely there's progress. i am not involved in the negotiations of the there are a few members of the moderate group called the tuesday group. there are a few members of the house freedom caucus meeting with leaders talking about issues. there may be a resolution in terms of bringing other issues to votes that are important to each side but, i think there is absolutely progress being made, and i hope it results in a bill, as some point, april, maybe before the april break or maybe after where we can send something to the senate and move this legislation forward. melissa: yeah. the viewers of our show are probably most focused on tax reform. are you closer to agreement on tax reform would you say than you were on health care? >> i think the focus right now is on health care. i don't he think the details of the tax reform package have been brought to either side at this point. so, we have to figure out exactly how much savings we can

create in the health care bill to know what sort of tax reform bill we'll have. melissa: good luck to you. we're all watching and hoping. congressman ken buck, thank you. david: it may or may not happen. your 401(k) will be there, might need refreshing with 57% of the americans who believe president trump will have an effect on their retirement strategy. fox business's gerri willis in the newsroom with details. i've been thinking of looking in there, gerri? >> everybody wants to, right. the question, will donald trump impact your 401(k)? according to a recent survey from edward jones, 3/4 of americans say he will directly impact their assets, with 46% expecting a positive impact. so far this year the optimists, that is, have been right with stocks enjoying a strong run. the president promised not to touch social security but his plan for reforming obamacare will boost health care costs at least in the short term. that according to the cbo.

but should investors design their portfolios around expectations for shifts in policy during a trump administration? look, the truth is, that smart investors were always considering social security payments as a declining piece of their retirement pie, plus, financial advisors have been advocates for years clients up savings for health care in retirement. ultimately, it is not at all clear what obama care reforms will get passed during a trump administration. make your retirement a priority and save, but base your asset allocation on factors you know and understand, like your age, and how you intend to work. trying to guess what washington will do is high-risk strategy for managing your most important savings dollars. david? david: times have changed, gerri, there was a time when you retired or very close to retirement almost 90% of your money out of stocks and into bonds and safe money accounts. >> right. david: now, that has changed. a lot of people who are already retired almost 100% into stocks

right now. >> that's right. well, one reason that's changed is that people have lived, are living so much longer. their financial advisors are recommending they do that. some folks see what happened to the stock market over last few years. they're going deep into stocks. time to start thinking about interest rates rising higher. look what will happen with the economy. stocks don't grow to the sky, david. that is the old saying. david: it's try. they will come down eventually but generally speaking they do go up. gerri, great to see you. good report. appreciate it. melissa. melissa: democrats vowing to block supreme court nominee neil gorsuch you but will the effort fail? supreme court advisor to president trump leonard leo is here to weigh in. love him or hate him. find out what is next for the burger ladies of carl, jr.'s and hardee's. oh, my goodness. yeah, so mom's got this cold.

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melissa: breaking news for you now. sources telling our own charlie gasparino that saudi aramco is choosing between the new york stock exchange and the london stock exchange for a listing. the nasdaq is likely out of bidding for what could be the largest ipo ever. saudi aramco is looking to sell up to 5% of the company. it is expected to debut in 2018. wow. david: well, many voters in november said they went for donald trump because of his list of 21 extraordinarily well-qualified jurists from whom he said he would pick the next supreme court nominee. judge neil gorsuch was on the list. the man who put gorsuch or others on the list, at least helped to do so joins us now. leonard leo, supreme court advisor to president trump joins us. thank you, sir, for coming in, appreciate it. how did the president winnow the list of 21 down to gorsuch? >> he had very specific criteria in mind.

he wanted somebody with extraordinarily legal talent, would be respected by all, would be courageous and independent and interpret the constitution as the framers mint it to be of the as people were interviewed, those were he considered, got it down to three and ultimately picked judge gorsuch out of those three. david: what we have seen so far, in the senate confirmation process, even democrats, changes between the democrats and judge gorsuch, with the exception of a couple of real idealogues, like senator schumer they were very cordial, they listened intently to all the questions. he only avoided those he might be forced to ajudicate. there was a tremendous awareness on the part of the public that watched those hearings that this guy is qualified. why then is there any possibility that the democrats would vote against him, again with the exception of the idealogues? >> well the democrat base is very angry over the election. they're somewhat angry over the fact that judge garland didn't get on the court.

look, the left wants a justice on the court that will rubberstamp their agenda. that is not going to be what president trump puts on the court. so you can expect some of this debate and, blocking to occur by the democrats. david: now joe manchin, just in this hour said he was, democrat joe manchin from west virginia, said he will vote for judge gorsuch to be on the supreme court. however, they need seven more votes from democrats, and i just don't think they're going to get them. the, people like bill nelson, for example, who is democratridd of democrat. he said he is going against gorsuch. does that surprise me? >> no, it doesn't surprise me. senator manchin is extraordinarily voice of reason in this process, now supporting judge gorsuch. hopefully there will be some other moderate democrats who line up but as you point out, senator nelson has come out against judge gorsuch. senator casey of pennsylvania.

we're waiting to hear from senator donnelly. waiting to hear from senator mccaskill. i think senator heitkamp is soon coming out for judge gorsuch. there will be some moderates who line up. there will be some who won't. i think it will be a very close question whether we get to eight. david: there is another question whether there sis filibuster. senator schumer suggests he wants one. i actually asked senator john kennedy on the judiciary committee, i asked him what would happen if there was a filibuster. here is what he said. >> if our worthy friends on the other side did that, they would be doubling down on stupid. david: i loved his expressions. what do you think of that? >> i think that's true. here, look, there has never been a successful partisan filibuster of a supreme court nominee in history. over 2 10-year history of our country we had simple majority up or down votes for supreme court justices. what the democrats want to do with a filibuster is

unprecedented. i don't think republicans will stand for it. i don't think the american people with stand for it, frankly. david: leonard leo, come back to see us. appreciate it. >> thank you. david: melissa. melissa: taking legal action, what one city is doing to trump administration for his threat to sanctuary cities. sheriff david clarke of milwaukee county sounds off. that's next. i mean wish i had time to take care of my portfolio, but.. well, what are you doing tomorrow -10am? staff meeting. noon? eating. 3:45? uh, compliance training. 6:30? sam's baseball practice. 8:30? tai chi. yeah, so sounds relaxing. alright, 9:53? i usually make their lunches then, and i have a little vegan so wow, you are busy. wouldn't it be great if you had investments that worked as hard as you do? yeah. introducing essential portfolios. the automated investing solution that lets you focus on your life.

melissa: sanctuary city showdown. seattle is filing a lawsuit of threat of funding cuts to sanctuary cities. seattle risks $2.5 million in doj funding in 2017. if attorney general jeff sessions follows through on his threat. here is sheriff david clarke from milwaukee county. thanks for joining us.

i want to read the argument they're making specifically. this is attorney pete holmes. local governments do not enforce federal law. we are prohibited from doing so. moreover, even if we did, the administration would like to commandeer our resources we would face civil liability ironically under federal law. what do you think of that argument? >> politics over duty. that is what they're choosing. look, my my suggestion put democrat talking points away, democrat party talking point away. let's have a discussion about a crisis in it country. nobody is asking local community or police department or sheriff's department to enforce immigration laws but they are to assist. if we have effective public policy in the united states, it is dependent on local state, federal officials in pursuit ever justice. these mayors leave cities wide open to assaults to turmoil,

ultimately violence taking the position they are. so you know, we're talking about criminal illegal aliens. i don't know how anybody, anybody in the united states, could say that criminal illegal aliens should not be deported. we're not asking the local communities to deport. jeff sessions, attorney general jeff sessions is going to win on this thing. these cities are, democrat-run. they are addicted to federal funding. once you cut that off, trust me they will come back to the table melissa: this is not a sanctuary city. people are afraid to report crimes. that they either don't cooperate or they're afraid to come in and report whether it is assault, or rape or abuse because they're afraid once they make themselves known to the authorities, that they will then be deported. is that not true in local policing? >> no, it is not true at all. it is not measurable.

that is an anecdote. that is one of the problems here with, we don't know. we don't know the effect of underreporting and non-reporting of crime but i know this much. that people who are in the country illegally probably are less likely to come forward with some pretty heinous stuff, talking domestic violence, child abuse, for fear being identified in the country illegally but that is not who we're after. that is the smoke screen thrown up by these mayors, some of these sheriffs and some of these chiefs. the fact is, that they are turning their back on even the illegal immigrant population who is not engaged in criminal activity because they are providing a safe haven for these criminal illegal aliens to continue their criminal ways in the communities. the best thing to do, get them out of here, and still public confidence in the illegal immigrant community, that the police are there to protect them as well.

>> this is what a massachusetts sheriff said calling out a facebook representative for a facebook post of warning of i.c.e. raids. listen. i will get your reaction. >> i can't think of anything more irresponsible and more underhanded, undermining law enforcement of people of that community what this state representative did. she ought to be ashamedded of herself. the state legislature should look at her minimum ethics violations. on top of that there will be some review whether or not she may have compromised some investigation involving i.c.e. melissa: what would you do if that were your community, sheriff? >> well, there is a federal statute that provides for criminal sanctions for people who knowingly harbor illegal aliens within their community. i think this is a violation of that. so i would look for the u.s. attorney's office in that district to start an investigation, get the fbi involved, find out what really happened here. if the elements of that federal statute are met, i would suggest that the attorney general go after criminal prosecution of

that stuff. look, that is just an outright abdication of the responsibility that people have to obey the law. the rule of law is supreme in the united states. melissa: okay. >> the supremacy clause says local laws and ordinances do not outweigh the constitution. melissa: we have to go. sheriff clarke, thank you for your time. >> thank you. david: back to basics. why some famous food chains are ditching bikinis to focus on burgers. melissa: what? david: that's next. 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. don't let dust and allergens and life's beautiful moments. flonase allergy relief delivers more complete relief. flonase helps block 6 key inflammatory substances that cause all your symptoms, including nasal congestion and itchy, watery eyes. flonase is an allergy nasal spray

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>> breaking news fox confirms devin nunes at senior intern director of the council's office aided house and tell committee in revealing intel on march 21. next head story for you now. carl's jr. in hardee's are

ditching the bikinis apparently getting back to berger's what a transition. leaving and been replaced with being replaced with a new ad campaign that pokes fun of the old ads. here is risk and reward. >> the tax reform gap -- grabbing the headlines we have big news breaking on the temporary refugee pause is blocked it definitely a judge in hawaii. even though now 13 states that support the president and they do want that temporary bn. that is not the only news. the refugees now here in the u.s. they got in by defrauding screeners. they lied about their family's involvement in the kidnapping and abuse of an american in iraq in the area is a hotbed of terrorist activity. his name is roy hollins.