>> we are live at the supreme court as wheel rate as we await just hours from now, present a trouble and i was picked to fill the open seat. we will be here live all day through our special tonight at 11:00 p.m. >> a long day, see you tomorrow, shannon. and we will see if they can give it a secret. >> jon: a fox news alert, as president trump fires the nation's acting attorney general amid the uproar over his travel orders and at any moment now, the senate judiciary committee could vote on a permanent attorney general, the president's nominee is jeff sessions, the senator from alabama. good morning, welcome to "happening now" on a very busy tuesday, , on jon scott. >> jenna: it is certainly bid busy, i'm heather childers and for jenna lee. a lot happening. >> jon: there is also on capitol hill, we are watching two hearings, and both are on your screen right now. considering the president's pick for secretary of health and human services on the left, and

then treasury secretary on the right. now, democrats have decided to boycott those committee votes on those two nominees, they say they want more information, and because they are boycotting the committees and the nominees cannot move forward. >> heather: on top of that, tonight president trump makes perhaps the biggest announcement of his new administration, nominating a supreme court justice, a lot of folks waiting for this. acting attorney general sally yates, meantime, was dismissed after publicly questioning the constitutionality of mr. trump's travel orders and refusing to defend them. and then a federal prosecutor from virginia, dana puente was sworn in as acting ag, even as senators move forward on the nominations of jeff sessions and other cabinet choices. the process that president trump criticize, tweeting "-- kristin,

bring us up-to-date. >> heather, this is shaping up to be the biggest day of donald trump's presidency so far at least. not only is he hours away from announcing his supreme court nominee, which will shape the high court for decades to come, he's also sending a very clear signal him loud and clear to all administration officials that he will not hesitate to fire anyone who tries to defy his orders. listen to what his press secretary, sean spicer, said yesterday while he was defending the president's immigration order. >> 325,000 people from other countries flew into our airports and we are talking about 109 people. from seven countries of the obama administration identified. these career bureaucrats have a problem with that? i think that they should either get with the program or they should go. >> get with the program or go. shortly after, spicer made those remarks, the acting attorney

general was fired. then today, in just about an hour, the secretary of homeland security, john kelly, he is set to hold a press conference to discuss the implementation of that order. you may remember it is been highly criticized by both republicans and democrats, saying it was poorly implement it, so we will see if secretary kelly announces any modifications. as for the president, this morning he met with leaders of several pharmaceutical companies and he told him that he wants them to lower drug prices while simultaneously moving to manufacturing of those drugs back to the united states. in return, the president cut promises to cut regulations and speed up the approval process. so that was this morning, then later this afternoon, the president is poised to sign another executive order, this one about cyber security. at the white house says it will require federal agencies to modernize information technology, it should also add a layer of accountability by ordering agency heads to be in charge of their own cybersecurity. and then tonight, of course, we've got the big headline

event, the announcement of president trump supreme court nominee, so heather, another very busy day here at the white house. >> heather: we will debate that a little bit more coming up later. >> jon: we will also hear from sean spicer, the president's press secretary, that scheduled for 1:00 p.m. eastern time to adjust about two hours from now. we will have that for you live. in the meantime, republicans are pushing to get senator jeff sessions out confirmed as attorney general. his hearing continues right now with confirmation by the full senate possibly coming later this week. but the showdown between the white house and the acting attorney general highlights the turmoil and uncertainty surrounding president trump's meanwhile, we are awaiting the start of a news conference by the secretary of homeland security, john kelly, he on the implementation of the immigration order, that is set for noon eastern time. did we tell you it's a busy day? let's bring in carol lee, white house correspondent for

"the wall street journal." carol, this immigration ban, this temporary immigration ban that the president has ordered, really seems to be roiling things in washington. it has resulted in the firing of the acting attorney general, for instance. >> that's right, and i think that was designed to send a message from the president that he is in charge and he's not going to tolerate his orders being defied. at the same time, it has sort of fed this growing anxiety within different agencies about what the trump administration is going to mean for them. obviously as you know, the government is made up of largely career officials and there are a number of agencies that don't have the head of the agencies running them because they haven't been confirmed yet. and you have a president who is moving very quickly on a lot of different fronts and with various policies, and government

is not necessarily something that tends to move really fast. and so i think there is a lot of anxiety, people not know what to expect, they don't know whether they are going to stick around, whether they will be welcome to stick around, what the policies are going to be, and the firing of the acting attorney general last night added to that. >> jon: so so you are saying tt the government is an organization, an organism, almost, that does not like change. meantime, the american people have put at the very tip-top of it a guy who is elected to be a change agent. >> that is right, and so you're kind of seeing those two things clash a little bit. at the same time you are seeing a president who is moving very quickly with his agenda and not necessarily reading and all of the people who are usually brought in for something, particularly the refugee policy, which has large ramifications here in the united states but also across the world, and there are number of members of congress who were not brought in on that and even some of the president's own soon-to-be cabinet secretaries.

and i think what the people are going to be looking for going forward is how that unfolds, whether there is some sort of reset in trying to engage different aspects of the government implementing these big policies. the donald trump did promise a lot of change and he is going to need some of these folks to implement those policies and get them past. >> jon: it bears pointing out that jeff sessions, the senator that president trump has chosen to be his attorney general, has not been chosen, or has not been officially confirmed yet by the senate. in part because of democratic obstruction, foot dragging, whatever you want to color. he doesn't have his own attorney general in place, so he was relying on someone who was a holdover from the obama administration. >> right, and that is happening in various positions across the government, just because some of the nominees have not yet been confirmed and because they just

haven't filled various positions, and so there are obama holdovers across the government and a number of different slots. and the democrats would argue, i think, that they're using these nominations to kind of protest a larger policy. meaning that senator sessions nomination is now becoming a discussion about the refugee policy. and you are seeing that in the number of different ways the longer these goes on and the more the president rolls out the policies, they are mashing together. >> jon: as you are speaking we are watching senator durbin, senator of illinois, wagging his finger a lot, this is part of the senator sessions confirmation hearing. normally senators in the past, at least, have been fairly polite to one another. at the senate was supposed to be the world's most exclusive club and a very collegial place. but democrats are really giving it to their current colleague, the guy that this president has

chosen to be his attorney general. >> is interesting, usually if a president nominates a senator it is kind of a club kind of place and there is a sense that they will be much easier nominee to be confirmed. and what you're seeing, however, is what you were talking about earlier, is that a lot of the president's moving on a lot of different policies, at the same time he is trying to get the nomination through then minority, and they are trying to exert their power wherever they can, and one of the ways in which they can do that is to use these confirmation hearings to talk about the policies of the president is implementing that they don't like. and so a lot of that is unfolding this week. >> jon: it's going to be fascinating to see the long-term effects of what is going on right now. carol lee from "the wall street journal," thank you very much. we are going to continue to monitor the sessions hearing if we get the vote on the man who president trump wants to be our next attorney general, we will certainly bring that you live here on "happening now."

>> heather: let's switch here for just a moment, some new information on the deadly terror attack at a mosque in quebec city. alexandre bissonnette, a french canadian university student, now thought to be the only suspect in that shooting rampage that killed six muslim men, and the charges against them include six counts of first-degree murder, and there is word that he has far-right nationalist views. david lee miller is in quebec city with more. >> heather, what is notable here is that the alleged shooter had no known criminal history, but as you mentioned, he did have a reputation locally for espousing extremist ideologies. on social media he repeatedly voiced his support for france's anti-immigrant national from political party, and during his first court appearance, bissonnette, wearing a white jumpsuit and his hands and feet

shackled, didn't say a single word. he has not entered a plea to the charges, and he could face additional charges as well. although the prime minister here, justin trudeau, has called the attack in "despicable act of terror." bissonnette has not been charged with an act of terrorism under canadian law. meanwhile, no, quebec and the rest of canada continues to mourn outside the mosque where the shooting took place, there is no a makeshift memorial, but the street itself remains sealed off. it is still an active crime scene. and on the minds of so many here, heather, why? why did this happen? so far, authorities have not released any theory about a possible motive. >> heather: david lee miller lie for us, thank you. >> jon: so we are also standing by for a news conference for the secretary of homeland security, john kelly. he is expected to address the

rollout of president trump's immigration orders, the ones that have been so controversial. as we learn some congressional staffers worked on the orders without the knowledge of the leadership. will that affect the president's relationship with republicans in congress? all that and much more ahead come alive on "happening now" ." let's take a look at some numbers: 4 out of 5 people who have a stroke, their first symptom... is a stroke. 80 percent of all strokes and heart disease? preventable. and 149 dollars is all it takes to get screened

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switch to geico and you could save a ton of money on your car insurance. why didn't you say so in the first place? i thought you's was wearing a wire. haha, what? why would i wear a wire? geico. because saving fifteen percent or more on car insurance is always a great answer. >> jon: of fox news alert, into his second week in office, president trump still does not have most of his cabinet members, largely owing to democratic obstruction in the u.s. senate. there you see senator durbin of illinois, who is continuing the grilling of the president's nominee to be attorney general, senator jeff sessions of alabama. democrats also have decided that they are going to prevent any votes in the finance committee on the nominations of steven mnuchin to be secretary of treasury, as well as dr. price

to be secretary of health and human services. they are going to boycott those committee meetings today, and because you have to have one democratic member present on a committee to hold a vote, there will be no votes today, so those nominees are delayed indefinitely. we will continue to update you, and if we get a vote on jeff sessions to be attorney general, we will bring that to your life. >> heather: we will come back to you for that, in the meantime we are talking about the backlash on capitol hill over president trump's immigration orders. this headline caught our attention today. democrats escalate their attacks on trump while republicans accuse him of leaving them in the dark. "the washington post" reporting this, "seizing on growing public outright outcry over trumps executive order temporarily banning citizens from seven muslim majority countries and refugees from across the globe, democrats on capitol hill lost launched what they said would be a protracted fight on several

fronts." the plans represent a short pivot in the democratic strategy over weeks of bowing to work with trump and republicans in areas of agreement, and to allow noncontroversial nominees to be quickly confirmed. not so much anymore. for more on this, scott jennings, former special assistant to president bush and a former political advisor to senate majority leader mitch mcconnell, also julia epstein, formal chief counsel for the house judiciary committee and former staff director for the house government reform's committee. thank you both for joining us on this busy day. let's get through some of this, i will start with you. public protest against the ban delaying cabinet positions already successful, without saying that they will reject president trump's supreme court pick before they even know who it will be. is this a wise move by democrats? >> i don't get so wise political move, because the voters spoke loud and clear on election day, they gave republicans unified control of government because they are tired of gridlock in washington, d.c. over the last eight years we

have seen very little movement in washington, people feel like the policy discussed in this country has ground to a halt. they want president trump to be able to build a government, and they want to see change and an end to the status quo in washington, but that is exactly what we are getting from the democrats. they are out there protesting every day, it must be exhausting to wake up every day with the outrage of the day on your mind and on your agenda. we need cooperation in washington, d.c., because that is what the people voted for in this at last election by giving republican so much control of government, not just in washington, but at state capitals as well paired we see it up and down the levels of government in this country, there is a desire for cooperation, unity, and moving forward and we are not getting that. >> heather: is it in the best interest of the country, because at the very bottom line, the basic being a lawmaker for this country, isn't that what you are supposed to consider first? >> of course, and i think scott's talking points would have been great on november 9th, i don't think they're that relevant on january 31st.

he seems to be missing the point that there is rather than consolidating power, which every president does, this president is shrinking his political base. this immigration ban, which all republicans, most republicans are saying was just completely bungled, is evidence of a white house that is completely disorganized, completely in disarray. the political leadership of the congress wasn't consulted. trumps own cabinet wasn't consulted on it, and so the backlash that you're seeing is not just coming from democrats, it's coming from republicans on the hill. people like the coke brothers, the murdoch sons, are all critical of this band. everybody seems to be saying the same thing, this was a white house in disarray, a white house that is disorganized, it's a white house that doesn't do that important decisions, it doesn't know how to get it right. you look at what trump said last week, he wants to make mexico pay for the wall, and they put out in a very haphazard and incompetent way this idea that mexico will pay through it through a tariff. that is not mexico paying for it, that is the american

hard-working taxpayers paying for it. >> heather: julien, it would go back to what you are just referencing in terms of the new executive order that the president signed, i was listening to what you're saying and you are talking about a lot of lawmakers, but we had a poll that we just talked about this morning, a rasmussen poll, where 52%, no, 57% of american people support the ban. so, is that supposed to make a difference? >> i don't subscribe to the rasmussen poll because i don't think the questions were asked that well. other polling data i've seen are saying exactly the opposite, and if you look at what the political leadership is saying in congress, the speaker and the senate majority leader, both republicans, are saying they work can consulted. the leader of the foreign relations committee wasn't consulted. the president's own cabinet, rex tillerson, kelly, james mattis, all saying they were not consulted. >> heather: scott i want you to get one final word and because we're short on time. >> it's amazing to hear

democrats complaining about a government in disarray, and at the same time they are sitting there obstructing donald trump from building his government, we've seen what democrat's are doing not letting confirmations go through, the man has to be allowed to build a government to improve implementation, improve communication, and then we'll see progress in washington, d.c. regarding the politics of this, the polling is clear! the polling is clear. you drive outside of washington or outside of new york city, people want this, for they support what trump is doing on this, get out of the bubble, get out of the bubble. >> heather: is a promise that he made in the promise he kept from his campaign. >> then why aren't any republicans coming to his defense? over 200 republicans are sitting on their hands in the congress, 35 republicans are opposing this, and the leadership in the senate, the republican leadership in the senate, are all saying this was improperly vetted and a bad idea. >> heather: we will see what else they have to say today. thank you so much for joining us, another busy day, thank you.

>> jon: dozens of diplomats making a statement of dissent opposing president trump's executive orders that suspend immigration from seven majority-muslim countries. former state department spoke to marie harve weighs in on that just ahead. one large rutabaga, with eggplant... done! that's not fair. glad i had a v8. the original way to fuel your day.

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former deputy spokesperson for the state department. tell us a little bit about how this dissent channel works on the first of all. >> well, it was put in place to make sure the state department officers could disagree with policy and they had a way to express that. i actually think it's a really good thing, because the state department is a huge bureaucracy, there are a lot of career officials who have worked on these issues for a long time. having a way for them to express dissent is actually a pretty good thing in a big bureaucracy, i think. >> jon: so a big bureaucracy, but isn't it one that is supposed to sort of bend to the president's wishes? >> it is, but i think what you've seen over the past few days is clearly a white house that did not coordinate this executive order with any of the agencies who are actually going to be implementing it. so it is our diplomats overseas, for example, who enforce immigration and visa laws, and figure out who can come here and can't. so what you see really isn't a administration and chaos, were career officers don't have any idea what the white house is

doing, the white house hasn't asked any of these experts for guidance on this, and now they are trying to implement in order that is confusing, it's controversial, it's really complex, and i do think you're going to see more of this in the administration from career folks going forward. >> jon: if my understanding of the white house position, that they couldn't do a lot of consulting or broadcasting about this because they didn't want to let any bad actors know that this ban was about to take place, does that make sense to you? >> it doesn't. i think that coordinating with the state department, the secretary of defense, who stood there while he signed the order, and the secretary of homeland security, coordinating with those people is absolutely what needed to be done, and you can see the fallout from that now. average bureaucrats who are actually in charge of him limiting this have no idea what it actually is intended to do. and i think that is a really big problem. >> jon: what is the confusion? there are seven countries involved. it seems like it would be fairly straightforward that if those

visas are to be reviewed or if they are, if they don't have visas yet, they simply don't get them. just specifically lay out the confusion that you see as part of this. >> i think there are a few things, first there was a confusion particularly in the first one to four hours about green card holders, legal, permanent residents who had been through extensive vetting will live in the united states and who have families here, you saw that at airports across the country. that should not happen if these policies are done in the right way. i also think that at the state department, they are getting questions from other governments, including governments like iraq, who are saying wait a second. we are partners in the fight against isis, we sacrificed, and now you're telling us our people can't come to the u.s.? it is really hard to explain why that is to some of our partners, who we need in this fight against terrorism. >> jon: in the meantime, the president does not have his secretary of state pick in place yet, as a result of, well, delays in the senate. you can call it obstruction if

you want, but wouldn't that be step one toward getting some of this sorted out? >> well, i think he is going to get confirmed this week, that is at least what i'm hearing from my friends up on capitol hill. but it's much bigger than that. they haven't named a deputy secretary of state yet, they asked a whole slew of senior state department officials to step down, including people of in charge of embassy security and haven't named replacement. look, even if rex tillerson was confirmed, i'm not confident the white house would have consulted with him. they didn't consult with general madness, they didn't appear to do a lot of consultation with general kelly, they are not using their cabinet and security experts in a way that i think could actually be helpful to them as they figure out how to navigate what is a really, located set of issues. >> jon: carol lee from "the wall street journal" just told us that government likes to move slowly and the state department is an example of that, is that part of the problem here, that it simply is a bureaucracy resistant to change? >> i don't think so, and look, believe me, as someone who has both been a career bureaucrat and a political appointee in the

obama administration, it is frustrating how slowly government works, i absolutely agree with that. but that is not why the trump white house was in court and eating these are people who, if they actually asked their opinion, was a look, you are going to create more terrorists with this order then you are going to actually catch, and that is a problem. you are going to alienate our allies and create more enemies, and you are going to hurt people that we need in this fight. so this isn't about bureaucracy being slow, this is about people who are experts in how to fight terrorism saying, wait a second, this isn't going to happen the intended outcome, it's actually probably going to do the opposite. a >> jon: marie harf is a fox news country and a former spokes person for the state department, good to talk. >> heather: and we are still awaiting a senate judiciary committee vote on senator jeff sessions as attorney general, we continue to monitor that for you live. and in the next hour, will also hear from the secretary of homeland security, john talley,

ant and the implementation of president trump's in looking immigration orders, so a lot is happening and we are following at all for you right here on "happening now." as well as this, the countdown to what is sure to be yet another showdown on capitol hill, president trump just hours away from nominating a supreme court justice to replace the late antonin scalia. plus, why this issue is so important to one voting block supporting mr. trump's bid for the white house. our political panel weighs in on all of it up next.

>> jon: a fox news alert and more trouble out of the men, an on a saudi -- a couple of days ago, could have ominous implication for the u.s. military. jennifer griffin's live from the pentagon and has exclusive reporting on that. >> we have just learned and spoken to u.s. officials who tell us they now believe the suicide attack yesterday by iranian backed rebels targeting a saudi frigate of the coast of yemen may have been meant for an american warship. the incident in crash in question occurred in the southern red sea, to quote saudi sailors killed, three wounded. at first it was thought to be the result of a missile, but based on new analysis of audio and video showing yesterday's attack, the intel community now believes this was, in fact, a suicide bomber whose small boat ramp the size side of a vessel. before doing so a voice narrating the video shouted in arabic, death to america, death

to israel, death to the jews. defense analyst now believe those behind the attack.they were either striking american warship or this was a dress rehearsal similar to the attack on the uss cole. yesterday's bombing in the straight occurred in the same area where u.s. navy warships came under missile attack in october off the coast of yemen, the american destroyer shot down those incoming missiles for the first time while under attack. in october, a u.s. warship then fired tomahawk missiles at radar sites in yemen, the slater incident came a day after president trump spoke by phone with a saudi king to discuss setting up safe zones for refugees in syria and yemen. >> jon: ever since the attack on the uss cole, the u.s. navy has been very careful to keep those small boats away away from navy warships. >> in fact, that is what pentagon officials tell us today. while they are very concerned about this latest incident, they say that there warships prepare for this kind of incident and are prepared to defend

themselves, certainly. >> jon: that is the good news in the story, thank you very much. >> heather: right now we are hours away from president trump announcing his supreme court pick to replace justice antonin scalia, and the choice seems to have narrowed down to two top contenders, it's sure to invite partisan infighting even more if that is possible, and joining us now is elizabeth, the chief counsel at the constitutional accountability center, and trevor, a research fellow in the cato institute center for constitutional studies, and managing editor of the cato supreme court review. thank you so much for joining us on this very busy day. so, i will start with you, trevor, the two finalists we believe it is narrowed down to would be the tenth circuit judge, neil gorsuch, and then the third circuit judge, thomas hardiman. do their beliefs fall in line with those who voted for president trump? >> absolutely, they are reliable

conservative votes, they definitely interpret the constitution in an originalist way, especially judge gorsuch, a really very good pick to fill antonin scalia's quite big shoes, especially his big rhetorical shoes. he is a very good writer, and even harder on the government many times than antonin scalia was, and importantly i think he is interpreting the fourth amendment according to the original meaning, and hardiman, too, could be relied upon to read the law, enforce the law, enforce the constitution as it was originally publicly understood. >> heather: elizabeth, your opinion on the two finalists? >> i think no matter which person on the list is the nominee tonight, they have a burden to show that they will be independent, that they will serve that important role that the judiciary serves. as a check on the elected branches of government. if they engage on constitutional violations or engage in corrupt behavior. i think another thing to look for either of these folks is how

they fit into the current very pro-corporate bent of the roberts court. a lot of trump voters reportedly voted for him based on economic issues, they could have a rude awakening of someone who is appointed to the court who would bend over backwards to accommodate the interests of big bench business and special interests and special instead of looking out for the average american. >> heather: what about replacing justice scalia specifically? he was known as the pope over regionalism. any one particular person fall more in line with that? >> >> definitely judge gorsuch would be my preferred pick, and i want to go back to something elizabeth said about being pro-business. these judges, a good justice interpret statutes as congress wrote them, as those statutes. if they make a ruling that seems to be more in-line with business because they interpret the statute, that is what you want. so the statute itself is pro-business, not the court. i'm really against this kind of idea of a court being pro-or antibusiness, it is much more complex. >> heather: elizabeth, i wanted to follow-up with you on

the problem that democrats are presenting president trump and his administration at this point, saying that before they even know who the pick is, that they plan to block it. >> i think that we are going to have a very close scrutiny of the record of this nominee. we've seen in the past year there has been a severe undermining of the norms that support american democracy, and that is obviously extremely concerning. the supreme court should be independent, should be looking to the law and the constitution. and we want to make sure that the person on the bench is not going to pursue an extreme ideological agenda, but instead will follow the constitution and the law where they lead, for all americans, not just people who look like you and pray like you. >> heather: do believe that's been the case under the obama administration? >> i certainly do, and that's why we have support from people across the ideological spectrum for all of the nominees that president obama put forth, including merrick garland, who was refused even a hearing, much

less a vote. >> heather: trevor, your thought? >> i think a lot of people use the words extreme, ideological view of the constitution, when you're actconstitution and sayit doesn't say anything about health care, it doesn't say anything about obamacare, it's not extreme to have stricken that down if john roberts had not pushed his vote. that is what the american people believe about the constitution, they wanted to be interpreted according to its original meaning, and they don't think that there are a bunch of these crazy laws and things that particularly the obama did administration did in the constitution, those are not constitutional. it is not extreme to say that. >> heather: president trump has said he will make that announcement at 8:00 p.m. and we will have a little coarse live and all the discussions echo along with it right here on the fox news channel, so stay with us. >> jon: the protests continue over president trump's travel ban, but are those protesters opposed to the policy or to the

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>> jon: amid widespread protests against president trump's refugee ban and questions about the constitutionality of it, fox news executive editor and executive vice president john moody shared his opinion on foxnews.com. part of it reads, "the united states allows a great deal of leeway for protest and disagreement. those who disagree with the president's executive order have taken full advantage of those rights, and rightly so. but their argument that the united states alone among all countries cannot restrict who comes in from beyond its borders, i'm sorry, shores, is, quite simply, specious. the protests against anything

this president does will continue as long as there peaceful, but let's at least admit that they are not about the issues, but the issue were in chief." the author of those words, john moody, joins us now. so you think this is more about the occupant of the oval office? >> sure. look, there are two things that set all this in motion. first was the shock election results, and a good portion of the country just can't believe that donald trump beat hillary clinton. the second part has been the very fast out of the block start that the president has made, signing a flurry of executive orders, all of which fly in the face of what the political left wishes were happening right now. so sure, they are taking it out, they will take an issue and say we demand this, but it is all directed at trump. >> jon: use on acting attorney general, who basically said this is not legal and we are not going to a forces. >> and will give her the right to do that? the fact that she was by succession the person who was going to be in the office of attorney general until jeff sessions is confirmed, which he

will be. but instead she took a very divisive position over the weekend and tried to just say ignore any trump initiatives. >> jon: you wrote about one of the signs you saw during the anti-trump or anti-orders protest. >> i was watching on television, and some but he had a placard that said "no borders, no nations." okay, fine, protests are meant to give vent to extreme opinions, but that is lunacy. of course countries have to be able to protect their borders, and the u.s. is no exception. >> jon: but what about those who say that temporarily banning travel from seven nations really gives a usa blackeye, especially in the muslim world? >> it may or may not, i think the rollout of the band was botched very badly, and i think everyone agrees of that. but the notion that people who come from dangerous areas like syria, like erect, like like he ran, cannot be asked to show a

little bit of backup for their visa, is ludicrous. >> jon: you have traveled to israel, i have traveled to israel, when you go to israel you sometimes have to have a removable insert in your passport if you then want to go on to saudi arabia, for instance or some of the other arab countries. >> exactly, because there are a lot of arab countries that sibley won't let you and if they see evidence you've been to israel. but i don't see protests about that. >> jon: so the argument is more about donald trump's personality in your view, or the fact that he is making these executive orders, rather than the content of the orders. >> sure, he is an odious creature to a large part of the country, it is understandable, he does do things in a different way. and as i say, he has been rocky at best in following through some of his pledges, and that further discourages the left. >> jon: what about the notion of the united nations telling the united states how to deal with its borders and its immigration? >> it's an old story, we think

that the united nations, our colleague in brussels reporting that we think the united nations will name a special commissioner for refugees to deal with exactly this with trump's new position on refugees and immigrants. it's a little bit of overreach, even though they do think that they are the world body. >> jon: it is going to be fascinating to see where this goes. you don't see this president resending this, do you? >> i don't think so. he may refine that, there may be some rough edges that weren't thought out properly, and the rollout was bad, again, but he is sticking to his guns. >> jon: an interesting piece, you can find it on fox news.com, john moody, thank you. and if you like to see more opinions and editorials on the hottest topics each and every day, go to foxnews.com/opinion. >> heather: one of our viewers said that he is -- amid public outcry over the president's new immigration orders, the dow is down triple digits again today.

so what is closet causing the slide? and coming up at noon, homeland security secretary kelly holds a news conference on the implementation of the president's new travel orders. and, we are just learning this, senate committee approves betsy devos for education secretary, that of course sends her nomination to the full senate. t our heart healthy idaho potatoes, america's favorite potatoes, and donating to local charities along the way. but now it's finally back home where it belongs. aw man. hey, wait up. where you goin'? here we go again.

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have question mike >> we await the first news conference by the new homeland security secretary, he will be addressing implementing the president's complement controversial orders, which had mr. trump fire his acting attorney general last night. that is big news. >> tonight the president announces his supreme court nominee, while some now say democrats may not want to dig in their heels against his pick. >> all of that plus our #oneluckyguy, "outnumbered" at the top of the hour. >> jon: that will be an interesting hour, see you then. >> heather: stocks on wall street dropping again today after surging to record highs last week, we followed that for you, here's a look at the dow right now. the graphic revealing the dow since the election showing big gains after president trump's win, but the dow dropped yesterday was the largest single-day loss since his election. joining me now live with more on this to expended all his nicole from the fox business network, what you make of this question

mike >> you are absolute right, we broke through 19,000 after the election, bro through 20,000 as we started the new year, but we have had a few days, and yes we dropped 122 points. so this week alone where dow down over 1%. don't forget what we saw from the election up to this point, the dow is up nearly 9%, and names like goldman sachs up, jpmorgan, boeing, disney come up. what a great run. this week we are under pressure again, you can see names like caterpillar and intel, down. dupont and chevron, down this week alone. we are under pressure. what is driving wall street, what is everybody talking about question marks certainly the immigration ban followed, the uncertainty surrounding that. there are still long-term optimism in the market for tax cuts, jobs, the economy, and so big picture there is still this don't worry feeling. so right now you do see the market. after the develop meant we will hear from apple, the latest quarterly results, which will

link clued iphone 7 and 7-plus from the holidays, so we will see whether they have a good quarter, and of course we will hear from the federal reserve tomorrow on interest rates. that is what's driving wall street, down 149 right now. >> heather: nicole, thank you. >> jon: new next hour of "happening now," lots of action again at the white house as the president gets ready to announce his supreme court nominee later tonight and his press secretary prepares for the daily briefing that is always an interesting time. coming right on the heels of a news conference from the homeland security secretary about president trump's controversial executive orders on immigration. we expect that from the homeland security secretary next. meta appetite control...

it helps put some distance between you and temptation. clinically proven to help reduce hunger between meals. from metamucil, the #1 doctor recommended brand. >> a fox news alert, take you to washington, d.c., you are going to see the secretary of homeland security, i believe that is john kelly there on the right, when he was sworn in. the former marine corps general will be holding a news conference, he is kind of the

point man for the administration on the president's controversial temporary travel ban. that should begin in less than 10 minutes, and he has ex-military, so he will probably be on time. >> we will be back here after an hour of "outnumbered" ." >> harris: we will begin without fox news alert, we are waiting homeland security secretary john kelly to hold a news conference beginning any moment now on the implementation of president trump's new executive order on immigration. and new developments in the controversy over it. president trump fire the acting attorney general, sally yates last night, just hours after she had defied the commander-in-chief by refusing to defend his mandate to block people and seven muslim-majority countries from entering america. the president replaced yates with another acting attorney general, that is because his pick for the job, senator jeff sessions, is yet to be confirmed. so dana boente