that includes apple pay, apple music. this is the year apple is going to have a new iphone, iphone 8,s of the gadget that change life as we know it. >> i am greg gutfeld with kimberly guilfoyle, juan williams. president trump's supreme court announcement is hours away. first it's time for a little extreme vetting. let's start with the incompetent babies. >> thank you for coming out. is it working? i can hear you. can you hear us. does this sound work? look at that moon. it's a new moon.

can you hear now? to support and defend the constitution of the united states. can't hear? does this work better? sound people? >> imagine if they were in charge of the security of the nation. did any of these jokers protested when president obama restricted travel? know, that would be racist. let's find an adult. >> this is not a travel ban, it's a temporary pause. this is not a ban on muslims. the homeland security mission is to safeguard the american people, our homeland, values, religious liberty is one of our most fundamental and treasured

values. preventing terrorists from entering our country. i have directed leadership to implement the president's orders professionally, jermaine lee, in accordance with the law. >> greg: sounds refreshing, kind of like a grown-up. one more time, the babies. >> shall we sing "this land is your land"? ♪ ♪ from california to the new york islands, from the redwood forests to the gulf stream waters, this land was made for you and me ♪ >> greg: i hate that song. i do. now back to the adults. >> we cannot gamble with american lives. i will not gamble with american lives. >> greg: you see what a

difference this makes, children versus adults. enough of this hysteria. here are the facts. syria, yemen, sudan, iran. none have functioning central governments. a muslim ban makes no sense, especially since many countries are islamic countries and they are not on the list. that's a muslim ban? no. why aren't other muslim countries taking and fellow muslims? is that a muslim ban? seems like it is. if you compared to banning jews in the. -- nazi period. are you ready for a billion new arrivals including the nazis? maybe we can put them in beverly hills.

we take in more than anyone. imagine earth as a crime-ridden town and there is one safe house. how do you keep that safe house, america, safe? it is called vigilance. act now and you save more lives around the world later. what we are seeing is a tantrum by the media, celebrities, the bureaucrats. the opposition are babies who just got a flu shot. it is for their protection. they know it but they are still crying. eric, singing? how can you take this singing seriously? >> eric: i loved it. clearly not a muslim ban. they are saying it's a ban because trump used the word ban in one of his tweets. it's not a ban. it's a temporary pause. 112 million international

travelers last year in the u.s. 44 million visas. 527,000 overstayed. they don't worry about that but they are worried about inconveniencing 109. we not only have a right to protect our borders and increased vetting, we have an obligation. >> greg: >> kimberly: could be short for bannon. not really a ban. they were named by the obama administration before but nobody protested. >> kimberly: that should have been the lead. we want to think obama's administration for putting together this list. we want to be vigilant about who we let into the united states. it's not discriminatory in its face, in any way. the u.s. constitution is not a treaty with other countries. don't take offense to it because it was already on the books and

it's been used by president obama. what is the difference now? the president. it is being used by number 45 instead of number 44. that's the core of their objection. as entertaining as the karaoke was, can't get enough of that. fake tears. schumer, the whole thing. they are being obstructionist. they look ridiculous, even more silly than they did before. they are getting in the way. they are the people getting in the way of governing the country and keeping america safe and pushing forward. that's what the evidence shows. >> greg: let's say the rollout was too pugnacious, juan. but this is a tantrum because there's no facts being used, just emotion. singing is an emotional act. it's not a fact. >> juan: i think the

super bowl is sunday but the way you are cheerleading i think the game has started. may be tom brady's pal in the white house. this is so absurd. a minute ago you say these people singing, standing on the steps of the supreme court. these people couldn't protect our country. who was protecting the country for the eight years obama was in office? >> greg: not nancy pelosi. >> juan: let me say this. we have a situation right now where you have trump's people described by conservatives as having botched the rollout. even if you give him the benefit of the doubt and say it's about trying to protect the country which is i think what you were trying to save, people would say why couldn't they have anticipated the impact with people with green cards? it got remedied after the fact, after the chaos the airports.

in other words -- >> eric: don't use the word rights. >> greg: you know the iraqi interpreter that everybody made a big stink about. he said he likes trump. he wasn't even inconvenienced. >> you were saying the babies and adults. nancy pelosi and fake tears chuck held a rally on the steps of the supreme court. just like the democratic party, a mess. the heckler in chief, we were heckling at the beginning. >> greg: to juan's point. kevin mack alina from u.s. customs on how they dealt with the discrepancies. >> to put this in context and

the first 72 hours, 1 million travelers came through our borders via air. out of those travelers, were foreign nationals. we denied boarding to 721 travelers that had visas from the affected countries. we processed for waivers 1,060 permanent residents as well as 75 waivers to immigrant visa and nonimmigrant visa holders. >> greg: the protesters paint these people as evil nazis. these are guys doing their jobs. >> donald trump will come out something with the promised. he will sign the executive order, the left will go crazy because they will call it racist, bigoted, whatever, unconstitutional. and then they will sit back and let them go crazy for 72 hours, and then they will have the

adults, the room and say this is what's going on. this is how it went down. it was orderly. 109, for a massive regrouping of your immigration policy, 109 inconveniences -- >> it's over. it's over. >> eric: it was orderly. the idiotic protesters. >> juan: i don't even hear that from the right. these guys that came out today. >> kimberly: there is no right right. >> juan: charles krauthammer is not right? so now we are down to your not a republican unless you are pro-trump. 's b3 if you're going to revamp immigration over a weekend. >> juan: i think the way to do it is you go to people and say here's the program. let's look at the repercussions i could come from this new policy.

let's review it. let's anticipate it. what does it say about the fact that we house refugees, that we honor that. we are say no more refugees. >> kimberly: that is grossly misleading. >> juan: it's not. >> kimberly: yes it is. >> juan: the attorney general of the united states that i can't defend this. >> greg: she was on her way out! that was grandstanding! >> she is not upholding the oat oath. >> eric: in the 72 hours this was going on, somewhere around 800 to 900 granted asylum. they went through. >> juan: this thing was so badly constructed -- the other part of the government

is allowing some refugees in. that's not why there were protesters. >> kimberly: the protesters are the ones making the mass and inconveniencing everybody else instead of equipping themselves with the facts. it doesn't matter. if trump found a cure for cancer, they would protest that too. >> greg: trumps immigration order was a 9-11 style crisis without a 9-11. would you prefer the opposite? to have a proactive action? >> juan: there were two guys, i think they were syrians, in kentucky. their fingerprints were found on an ied. he said we've got to amp up the vetting, and we do. >> because we didn't have a crisis -- people have to die in order for this to be worthwhile? is that what you're saying? >> juan: of course not. if you want to make a change, i

think donald trump could have said to the american people i think we need more inviting. >> he did! wrong! >> kimberly: the same thing president obama did, you just don't like it. >> greg: i am for corvette-ing corvette-ing. as a matter of fact, as we wait for president trump's supreme court announcement less than three hours away. we'll be right back.

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♪ >> another busy day at the white house for president trump, holding meetings on prescription drug prices and cybersecurity. tonight he will announce his pick to fill justice scalia's seat. here to discuss without might be, judge andrew napolitano. you would be my pick. >> aren't you kind? would i be the pick of everybody?

>> yes. >> greg: you'll get some mean looks. >> way to play it safe. what do we make of this? basically narrowed down to two. >> i think the press is right in part because of intelligence that both of them were spotted in d.c. which is a little rough for the person who doesn't get it, going home tonight or tomorrow but apparently they are both in d.c. and they were both in the white house. maybe the president wants to interview them right down to the last minute. they are both traditionalists. they are both conservatives. they are both what we call, you know this phrase, well, they are both white males. they are both originalists. they view the meaning and interpretation of the constitution fixed at the time

it was ratified in 1789. at the time, it was amended 27 times later. the judges can't expand its meaning or contract its meaning. it is up to the states to amended, as they have done 27 times, if they want to change the meaning of the document. that's a shorthand version of what president trump said he was looking for. in fairness to everybody here and watching, i was a part of the selection process. >> so it's you? >> it's not me, or i wouldn't be here. we did not discuss individuals when i was with him and his team. we discussed process, ideas, what buttons to press, what questions to ask. >> kimberly: and you feel confident about these two choices, that these are the final selections? >> i feel confident that these two choices, that either of them

will be what president trump promised, which is somebody in the mold of justice scalia. they are different human beings, obviously. we all are, but they both fit that mold that he is looking for. i don't know them personally but i have read much of what they have written. they are both pro-gun, i think they are both pro-life, i think they are both traditionalists. i think judge gorsuch is a little more skeptical of the government, which appeals to me. i think judge hardiman is a little bit more indulgent to the government, which will appeal to the president's conservative base. >> eric: on the timing of this, we know we are going to get a conservative judge eventually so the democrats can play games. they can threaten to filibuster, delay. talk to us about the timing. if i'm not misunderstanding, there are -- there is a 4-4 type. >> that's a great question. i was with him when he was the

president-elect, three days before he was inaugurated. he told me he was helping this person would be on the bench by april 1st. that is very, very significant. they make a lot of divisions in april. they take cases in april that they are going to decide by june. the democrats are going to try to delay this. i think they are going to try to block it, whether it is payback to the extent that politicians do this to each other for merrick garland or because, in senator schumer's view, and the collective view of most of the democrats, either of these two nominees is wide of the mark. >> eric: at a 4-4 ti, if they don't get one of them through, then the ruling goes back to the lower court. these -- they would lean left at the lower court. >> depends on the decision and which court it came from. >> eric: thinking about the transgender bathroom issue and a couple religious freedom cases. they would go back to the lower

court. >> those cases you are talking about, if undisturbed, would have a final judgment that pleases the democrats. there may be a reason for the delay. >> juan: don't forget, judge, i think it was john mccain and ted cruz who said they were fine with eight people on the bench when they thought hillary clinton was going to win the election. all of a sudden, they are saying no, we are going to force through this nominee. i would ask you this. if, as we heard earlier this week from senator merkley of oregon, that this is a stolen seat, denied the democrats for nine months. >> this is rough language. forced through and stolen seats. >> juan: this is what senator merkley said. merkley said he's not going to participate for the republicans. how do you respond? >> what does that mean?

the democrats are not going to participate or they are going to filibuster? >> juan: filibuster, block. do they block this one or the next one? >> that's a great question. this is basically a traditionalist for a traditionalists. this will bring us back to where the court was a year ago when justice scalia was still alive. this is not like replacing ruth bader ginsburg with a conservative. you're replacing one conservative with another. i don't know if they're going to save their firepower. president trump has said maybe they will get rid of the filibuster. you will like this response from mitch mcconnell. mr. president, we run the senate. >> both of these were confirmed in a lower court with no objections. it was unanimous for both. i heard it from shannon bream. how do you justify posing them when they had all democrats at the lower level? >> i don't think the lower court -- i don't think the lower court

vote indicates at all how they will vote on this because these are the highest stakes there are. justice scalia was confirmed 98-0. i don't think he could have been confirmed five or ten or 15 or 20 years later. >> kimberly: greg, do you have anything interesting? >> this is the interrogation i fear the most. >> greg: how hard is the job, the daily life of the supreme court justice? do they have to wear the robe? going to the bathroom, they have to take off the robe. what is a typical day? is it a hard job? do you get up? to sleep in? >> a friend of mine in the courthouse where i sat was using the bathroom during a fire drill and had to go outside wearing just his robe. i won't give this person's name, but he is no longer among the

living. you take off the robe when you use the facilities? of course, greg. the newest person votes first. the chief justice votes last. the chief justice assigns on his side who was going to write the opinion. the ranking justice on the other side assigns who is going to write the opinion. >> juan: that's how we work here. kimberly writes all of it. >> kimberly: judge and executioner. >> greg: you probably wonder what's under the robe. >> kimberly: tonight at 9:00 p.m. eastern, reaction to the president's pick and i had to, san francisco becomes the first sanctuary city. just to president trump over his orders to withhold federal funds from cities that do not comply with u.s. immigration policy. details next on "the five" ."

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♪ >> juan: san francisco became the first sanctuary city to file a lawsuit against president trump over his executive order requiring them to comply with immigration authorities or lose federal funding. also today, state lawmakers began considering a bill aiming to make all of california a sanctuary state for illegal immigrants. the senator behind that legislation explains. i guess that -- okay. >> kimberly: did the mic not work? >> juan: i think the idea is they are saying we are going to protect immigrants as part of our state. >> greg: california is a sanctuary state for left-wing bozos. they want to leave the union.

if that happens, all the good smart people would leave california. there would be no military, no police and the liberal utopia which is kept afloat by law and order would suddenly unravel into a complete chaos and then would have to go back and invade and split into two states. >> eric: do you know how expensive it would be if they did? the cost of the wall. do you know how much it would go up? they would have to go from the southern mexican border right to the northern border of california. >> juan: i think it was texas who was threatening to secede under obama. >> they could wall off california around arizona, nevada, go off over the top. we would send no federal money over the top of that wall. they could support themselves. >> juan: i think they would come out on top in the deal. >> kimberly: you set all the smart people would leave. >> silicon valley, you've got a

lot of people that are kind of talking out of both sides of their mouth. they act liberal and they say these in their corporate retreats and secretly they are talking to him because they are trying to make deals and bring jobs back. and they are having it both way ways. >> kimberly: now they are in bed with eric holder. have fun. they want to obstruct and go against anything this president puts forth. california doesn't get to pick and choose which federal laws they would like and they don't get the go-ahead and get barrels of federal money to support their wayward mismanagement of the economy in california. >> juan: i think california has a surplus of contribution to the taxes in the united states because of hollywood and silicon valley. >> kimberly: california is constantly out with the tin cup needing help. >> juan: i wanted to go with

you, kimberly, to the heart of this. new york city, chicago, the biggest states in the country who say they want to remain sanctuary cities, and that means not cooperating with law enforcement on certain requests and not asking people about their immigration status if they are arrested. eric. >> eric: hundreds of millions of dollars the feds could hold back. >> juan: it has to be limited. >> eric: it would be a challenge whether it's constitutional or not but the amount of money, and reuters did a study, new york is like $600 million that they could be at risk if they decide to stay sanctuary. chicago was 300 million. >> juan: is not so much money that people would say, this is what we are hearing from the mayors, that they would defy their values and principles and give up some of these -- >> they have said keep your money, which is terrific. let's keep our money. they say they don't need the

money. they are saying it's not worth find their values, fantastic. not sending to these cities. >> greg: i talked to a bunch of people. california has a lot of rich people and it's going to hell. if you are in san francisco, every street stinks. it's an open latrine. they talk about values. they don't even have the guts to clean up their own city because they think it's politically incorrect to tell somebody do stop urinating in front of their stoop. the rich people there are happy to be in their estates. nancy pelosi has a nice estate. it's well watered. she doesn't have to see the crap that literally goes on. >> juan: directly ahead, the white house fires back at president obama for chiming in

on president trump's travel orders. that's next. don't miss it.

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♪ >> eric: president obama warned us we might be hearing from him as a private citizen. he couldn't stay quiet for two weeks. he put out this statement through a spokesman. american values are at stake. the president fundamentally disagrees with the notion of discriminating against individuals because of their faith or religion. it is not discrimination because it's not a muslim ban, mr. president. but the white house fired back. >> it's a free country. he can say what he wants. when you are as powerful as an ex-president or current sitting senator and you say or do anything they could mislead

people into believing something has an impact when it clearly does not, it's a dangerous game. >> eric: president obama, in less than two weeks, 11 days, it took him to weigh in. county play golf or something? >> greg: he is criticizing exactly what he did before! he identified these countries. he stopped iraq refugees from being processed for six months and nobody cared. he should be condemning himself. this is a virtue signaling. he is trying to let everybody know that we are still morally superior to the republicans, the evil republicans. but he's wrong. he's absolutely wrong, and he knows it. and its lazy on his part. >> kimberly: loose relationship with the facts. >> eric: president obama said discriminating based on race or religion. >> juan: there were some concerns that the seven

countries were muslim majority countries. >> kimberly: what about the muslim countries that aren't involved? >> eric: we talked about this yesterday. >> juan: he said we have a question about vetting and we are going to look at it and try. >> eric: the syrian influx. he completely shut it down for six months. >> he reminds me when i visit my kids class who is the kid with his hand up. he used to be calling on everybody now he's at home. no one is calling on him. he is raising his hand and he's losing his mind. i that he is out there talking to the gardener every day. >> kimberly: being president and now this is about ego and narcissism and he wants to put it out there saying he's better even though this is a list he put together. it is so hypocritical. that's the problem.

>> eric: throw in an opinion but when you add the inaccuracy. fundamentally disagrees with the notion discriminating because of their faith or religion. i read that order. there was not one mention. >> juan: you can't come to the conclusion on your own. these are muslim majority countries. >> greg: there are muslim majority countries not on the list. >> juan: how about the countries not on the list are the ones doing business with trump. >> juan, nobody is doing business in those countries. they are failed states. >> greg: it's about the media. the media doesn't like the new boyfriend, so they are going back to see the old boyfriend, which is president obama. >> juan: it wasn't the media out there this weekend protesting. i think what was upsetting about

kellyanne conway's comment. when bannon said the press should shut up, kellyanne is saying the former president. >> that is what presidents when do. when they leave office, they give the other person time to settle in before stepping out instantly. this statement could have been unrelated to what the president is doing. he is saying he fundamentally disagrees with discriminating against individuals because of faith or religion. so do i. that has nothing to do with what's going on here. i think he was talking about something else. >> juan: the widespread perception -- >> eric: does anyone think that possibly some of the protesters were paid, organize, and the media of course jumping on that bandwagon. when you see a camera, it's going to attract more people. >> greg: they got to the airport so fast. it's not like they go to the airport often.

>> juan: talk about deriding your fellow americans with who you disagree with. >> greg: imagine if i called them deplorable. >> kimberly: he is upset because president trump has revoked his horrible executive orders. >> eric: final thoughts on the supreme court announcement coming soon. stay with us. in a world that needs a hero, justice is spelled b-o-x. say hello to a powerful tool that gives you options to fit your budget. ♪ oh, i'm tied to this chair! ♪ dun-dun-daaaa! i don't know that an insurance-themed comic book is what we're looking for. did i mention he can save people nearly $600? you haven't even heard my catchphrase. i'm all done with this guy. box him up. that's terrible.

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♪ >> just over two hours from now, president trump will announce his nominee for a lifetime position on the supreme court. this is important. more than one in five voters told fox news in election exit polls that supreme court nominations were the most important factor in deciding their vote. eric bolling, it was great producing to send both the nominees to d.c. all people -- people have been saying if this one. it would be better television producing to pick neither. >> eric: this thing that's going to go on. whoever donald trump picks and then did the democrats try to block, filibuster, delay?

there are nine senators up for reelection in '18 in states donald trump won. bill nelson, joe donnelly, mccaskill. if you're going to push back so hard, and some of these dates trump won by more than 40%. your constituents want the supreme court nominee. you're going to be a roadblock? that's a big decision they are going to have to make. >> juan: i don't think that's the issue right now. i think it is the politics in '18 are going to be interesting. future nominees for this court that president trump would have to put in place. this is going to be an ongoing fight as long as trump is in the white house. i would say with regard to the two leading candidates, you said maybe they just pick an x factor. bring in someone else. the two x factors here are a woman, diane seitz from wisconsin and an even more conservative nominee would be bill pryor from alabama, who is a hard right winger.

i kind of like hardiman. right now the smart money seems to be out gorsuch but i like hardiman. he would be the first supreme court justice who is not from an ivy league school. i am all for the underdog. >> it's a tough decision for democrats because they look at it and go, this is the fight he wouldn't necessarily pick because it is replacing scalia and we made the point that later down the road, you want to look for someone replacing someone further from the left. but how do you resist a big fight? everybody gets a juiced from a fight. the ag gets fired, hitter speaking fees go through the roof. >> kimberly: she didn't follow it. she did it for her own opportunity and career advancement. and set of national security and following the law that she swore an oath to take.

disgusting. there are millions of americans, conservatives were, republicans, moderate democrats voted for president trump because they wanted to make sure that hillary clinton did not take the next united states supreme court justice. i believe the president will not disappoint the people who voted who came out to support him and he will make an excellent choice. both would be outstanding. >> juan: do you think he is changing the conversation to get away from the immigration? this was a change. it was scheduled to be thursday. >> greg: he should pick mike judge. it would be judge judge. this is the first time in history i met older than both of the potential nominees. i am older by a year and that means if i tried a little bit harder and maybe had gone to law school. >> kimberly: then a little cleaner, a little less deviant. >> greg: if i hadn't spend

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conditions, get them out of there. let's go to seattle to the zoo. what you are seeing is horrifying, four baby otter pup pups. beginning to open their eyes. otter pup, not pop. they have three older sisters. kind of like me. >> eric: liberal outrage misplaced. we talked about the 109 people inconvenienced, foreign nationals coming in. what about the 140 cops killed last year? 424,000 unemployed vets, where is the liberal outrage over that or the 39,000 vets who are homeless or the 33,000 people

who died from opiate overdoses last year alone. i don't see the left crying foul about this. i hear 109 conveniences at an airport. >> juan: i don't like to argue but i think american values are also at stake. 's >> greg: please. >> kimberly: i want to pay tribute to one of our fallen heroes, an amazing warrior. chief special warfare operator. he was 36 years of age and is the first american killed this year in yemen. the president expressed his sympathies to the family. sad to see that he lost his life trying to preserve our lives and liberties. four other service members were injured. we want to thank him for his

service. >> juan: i have written about the emmett till case in my book. the story is infamous. it involves a 14-year-old black boy who was murdered, badly beaten, his body appeared on the cover of magazines but the attack occurred because he allegedly whistled at a young white woman in mississippi. 62 years later, a new book reveals that he was falsely accused. carolyn brian admitted the little boy he never made advances at her when she was 21. in the book called "the blood of emmett till" ," carolyn admitted not true. until she passed away in 2003, till's mother continued to draw attention to her son's slaying and the fact that no one was ever convicted. >> i'm going to attempt to follow that with something

light. everybody knows the super bowl is sunday, it's in houston. we all want to go and that's why hotel rooms are $340. did you know, greg, it's more expensive if you want to go to punxsutawney for groundhog's day. a hotel room there fetches $450 more to go watch the animal right there. the very next day, drop printer box, down to 150. >> greg: my show is going to be there at the super bowl in houston. >> no, you are going to groundhog day. they told you super bowl but you are going to see the groundhog. you know who shouldn't go see the groundhog? bill de blasio. >> eric: another number. warren buffett admitted he sold $12 billion worth of stock going into the election picking hillary clinton was going to win. he bought a $15 billion worth of

stock after the election. >> greg: good trade. >> greg: set your dvr so you never miss an episode of "the five." that's it for us. "special report" is up next. >> bret: pushed back from the homeland security secretary about who knew what when on the executive order. senate democrats fail on two key votes and president trump prepares to name his first nominee for the u.s. supreme court. it's tuesday, day 12 of the new administration. this is "special report" ." good evening. welcome to washington. president trump is back on familiar turf into ours, primetime tv, the center of attention. he will review the name of his nominee to the u.s. supreme court tonight, but there are other home fires burning, most notably a democratic slow down