pennsylvania. february 2nd. $450. while in houston they are just $320. heather: know more expensive because janice dibiasio is going to be there. all right. "fox & friends" starts right now. good day. bye. >> i'm keeping another promise to the american people. by nominating judge neil gorsuch. >> i think judge gorsuch is a home run. >> i promise if i'm confirmed be a faithful you servant of the constitution and law us of this great country. >> it's a very hostile appointment. if you breathe air, drink water, eat food, take medicine or in any other way interact with the court. this is a very bad decision. >> are you going to use the nuclear option? >> well, let me just tell you, we're going to get this judge confirmed. >> isn't that answering it? >> we're going to get the judge confirmed. >> so you you would. >> we're going to get the judge confirmed.

>> committee vote delayed today. >> old fashioned hissy fit. >> i'm very disappointed in this type of crap. >> preventing terrorists from entering our country. stomp terror attacks from striking the homeland. we cannot gamble with american lives. >> with all due respect i think have you been part of the confusion. >> "times" report that was psycho. >> i'm sorry the "new york times" is reporting on nbc news false reporting. >> may god bless you. may god bless our glorious nation. ♪ it's a beautiful morning. ♪ you well, the light is on. the far right light on the second floor is the kitchen of the white house. they are brewing the coffee for the president of the united states who, this morning, gets up and he can he expect a fight in our nation's capital because potatoes talked scots last night. he nominated neil gorsuch to the supreme court. he has to go through a long

process first. brian: genius to do it prime time. special programs around it people breaking into programs to discuss and speculate about it and in the end you had a debate about it. so then you dominate prime time programming, instead of doing it 12:00 in the afternoon and having people reflect on it and go about their day. it certainly made our night interesting again after two nights again we talked about the firing of an acting attorney general. steve: well, she had to get -- considering what she did, she was going to get fired. she was cruising for a bruising as some would say. ainsley: sally yates. steve: sally yates indeed. do you realize donald trump brought both of his top two finalists to washington, d.c. thomas hardiman is back in his office. is he not going to be it. gorsuch is in colorado. he is not going to be it. we wouldn't know who it was until he actually announced it. then we saw gorsuch. it was interesting having him talk with his wife as well. you hear him talk.

you had to like the guy. ainsley: here is what donald trump had to say last night. >> this must be the most transparent judicial process in history. months ago as a candidate i publicly presented a list of brill cents and accomplished people to the american electorate and pledged to make my choice from among that list. millions of voters said this was the single most important issue to them when they voted for me for president. i am a man of my word. i will do as i say. something that the american people have been asking for from washington for a very, very long time. brian: steve, you mentioned there was a final two u according to politico donald trump who interviewed all four final owe personally. came in the back way, he decided this is my man. ainsley: didn't make that

announcement and didn't want to tell everyone that until last night. steve: until he brought everyone in. ainsley: exactly. steve: interesting about judge gorsuch. mercer university did a study and looked at the 21 names that trump put out in the last year of, you know, i'm going to pick somebody off this list. gorsuch was the seconds most similar to antonin scalia from the list of 21. when you hear him talk, sea very humble, ernest jurist who goes right down the middle and here he is. you. >> standing here in a house of history and acutely unaware of my own -- i promise if i'm confirmed i will do all my powers permit to be a faithful servant of the constitution and laws of this great country. it's the roughly judges to apply not alter the work of the people's representatives. a judge who likes every outcome he reaches is very likely a bad judge. [laughter]

stretching for results he prefers rather than what the law demands. i'm so thankful tonight for my family, my friends, and my faith. brian: put it this way, if he didn't get the job i think he would be auditioning for all three networks to be a spokesperson. he is so he. ainsley: so intelligent. brian: give judge napolitano a run for his money, perhaps. who is he? a conservative intellectual like us here on the couch, just 49 years old. he won't went to columbia, harvard, and oxford if you call those good degrees. ainsley: has a ph.d. from oxford. brian: democrats might have a problem he sided with hobby lobby as well as the little sisters of the poor not making them get contraception. his wife is louise. he grew up -- steve: during the reagan years. on the cover of drudge right

now. it is antonin scalia and judge gorsuch after they went out fishing in the mountains. ainsley: i was watching tucker's show last night this guy is great he likes to fly fish and he is episcopal. brian: i didn't even know fish liked flies until i met tucker. i had no idea. it was so tonighting. steve: don't even get me started on the flying official. now, the reason trump had such a grand rollout last night in the east room is because with this poet potatoesthispotus so . took air force one. antonin scalia died. opening opening on the supreme court. never had a hearing on merrick garland. and so the democrats are really steamed. and they are going to fight tooth and nail.

listen to nannies pelosi we got a taste last night. this guy is against everything that will keep us alive. listen. >> he has come down against employers -- employee's rights, clean air, clean water, food safety, safety in medicine and the rest. if you care about that for your children, is he not your guy. it's a very hostile appointment. festival low well met, good family. if you breathe air, drink water, eat food, take medicine or in any other way interact with the courts, this is a very bad decision. brian: i was age to watch this. she grabbed jake tapper's hand right after and said this land is your land after that. steve: look at the moon, jake. ainsley: basically saying if you breathe you are going to hate this guy. steve: if you need air or water or food. brian: there is a chance they are not going to dig in to this. here is why.

because if they force the republicans to do the nuclear option now,. steve: too early. brian: too early. ainsley: explain to the folk he is at home what the nuclear option is. brian: i don't feel like it. ainsley: they need 60 votes. there are 52 republican notice senate. so obviously they don't need enough. the nuclear option would change the rules so they wouldn't need as many. steve: 60. cloture vote. weirdness of the senate. brian: next opening weirder than this opening. go with 60 again. going to make it harder for them going back to 51 right after. ainsley: here is what is interesting. when he was appointed to the tenth circuit under george w. bush in 2006, he got a unanimous vote. everyone loved him. steve: including chuck schumer. i do think the democrats are going to freak out because right now with democrats and the mainstream media, you have got crow tds.

trump derangement syndrome. ainsley: there is medicine for that therapy dogs, and bubbles and coloring books. steve: these got to get used that they lost. discredit and delegitimize donald trump. sean spicer yesterday, if you were watching him during the briefing actually called out nbc and also the "new york times" for the fact that they put out the story that said that general kelly, who is in charge of this temporary pause with the immigration said he didn't know anything about it. he found out about it on an airplane and sean spicer actually took the nbc correspondent to task in this 21-second sound bite. listen. >> with all due respect, i think you have been part of the confusion. you have helped cause this. despite claims that whatever you, you claim that you have sources that tell us general kelly stands up and says this is how many times i have been briefed. this is how many people are

involved. and, yet, you were out there. >> with the "new york times" report that was cited. >> okay. so i apologize that nbc news' reporting is based on the "new york times" false reporting. brian: sean spicer got himself in trouble whether he was at georgetown doing forum there using the word ban. donald trump treated out and used the word ban. they had to walk it back. ban is not the word they want to use it is a pause to decide what those seven nations should go through before anyone comes here. ainsley: not a muslim ban they are saying. focuses on seven countries and 8% of muslims live there. steve: all part of what donald trump said he was going to do extreme vetting. so anyway, we're going to talk a lot more coming up in about two minutes with somebody who actually knows neil gorsuch from way back. brian: talk a little bit about the courts but general kelly was really strong yesterday. he put out a lot of fires during his press conference. ainsley: now we'll head over

to heather nauert. heather: go to this story in washington. the president tapping a new boss to patrol our borders. union-backed ronald 8 years you ago. served as deputy chief under the obama administration. he pledges to build a southern border wall and add thousands of more agents. just one week ago mark morgan real signed as the chief under pressure by the new administration. just hours from now, rex tillerson expected to be confirmed as secretary of state. democrats are intensifying. their all out assault to delay the president's other cabinet picks. on tap now e.p.a. nominee scott pruitt. a senate committee will try again to vote on jeff sessions for he attorney general. dems boycotted and blocked votes on tom price and steve mnuchin. they did approve betsy devos and elaine chao is now the new transportation secretary officially. exclusive new evidence coming in from overseas.

there is chilling. evidence that iranian backed rebels attack ad saudi warship but they may have been aiming for the united states instead. [explosion] heather: unreal that video shows the rebels slamming a boat packed with exbloives into the side of that saudi ship. the major concern at this hour a voice on the tape heard screaming allah akbar death to america. all of this taking place off the coast of yemen where the same group fired back in october. kind reef minds us of the "u.s.s. cole" bombing. a terror take down treasure trove of evidence. u.s. intensifies assault on al arabian peninsula. now the pentagon says it will use information to stomp out future attacks. defense source was comparing it to the intel and the takedown of usama bin laden. chief petty officer ryan owens was killed during sunday's raid and numerous were injured

as well. praying for them and his family as well. thank you. steve: thank you, heather. ainsley: remember this? >> is the sound working? can you hear me now? no that doesn't do anything. can we sing this land is your land until we get this working ♪ this land was made ford you and me. ainsley: where are the real people? ainsley: what she said next you haven't seen yet. she probably wish dollars the mike ways off for this comment. brian: rehearsal. rehearsal. ♪ ♪ i just can't get enough ♪ i just can't get enough ♪ a talented workforce, and world-class innovations.

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>> you know, working at the department of justice i was down the hall from now judge gorsuch. and i will tell you, even then he was one of the smartest, most humble, decent people you could ever work with. he was always prepared, a great listener. everything you would wanted a judge to be. and obviously president bush saw that back then and president trump has seen that and made an excellent nomination with judge gorsuch. steve: okay. toby, you know, the fear of conservatives is okay, before he got the job, we thought he was a conservative and then he gets the job, suddenly is he a john roberts, some have said. you know. speculating about who the president might pick. tell us about his credentials regarding ideology, if you know them. >> well, i think, you know, judge gorsuch is a mainstream conservative. he has lived his life consistently, principled. you know, what you see is what

you get with judge gorsuch. i don't think anyone has to worry about him being anything other than who he is. and the nice thing about judge gorsuch is he is not going to be putting his personal preferences in place. is he a judge. a judge's job is to look at the law, to look at the constitution. apply the facts and get to the outcome. as judge gorsuch has said, you know, it's a bad judge who gets his own personal outcome every time. steve: absolutely. >> i think conservatives can get behind judge gorsuch and be really proud of this nomination. steve: of course he would replace antonin scalia on the court who died back in february of last year. you know antonin scalia pretty well because your husband clerked for him, right? so compare the two if you would. >> well, i would say i had the great pleasure of getting to meet justice scalia through my husband several times. and, you know, as have you talked about, they have so much in common. they both did not look to the outcome.

they looked to the facts. they looked to fairness. one of the things i love is that while justice scalia wasn't from the west or texas, he has a spirit of a werner and an outdoorsman, and i think that's a fun thing that they both have in common. you see the picture of them fly fishing together. they enjoy life. they enjoy nature, the law. steve: there is the picture right there. he seemed like in his comments about his job and his family and his wife, he seemed like a very humble, honest patriot. >> extremely humble. extremely honest. that's seeing else they both share in common, their family is the most important thing to them. steve: that's nice of to you say. toby young from the george w. bush center down in dallas. thank you very much for joining us today from our nation's capital. >> thank you, steve. have a great day. steve: by the way, what do you think of this nomination of gorsuch, let us know foxnews.com or twitter or facebook. ahead, call it the wussification of america.

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i. brian: all right. quick headlines now. the wife of the orlando terrorist that slaughtered 49 people in the nightclub beg ago judge for freedom. today nora salmon, you know her will asked to be released on bond ahead of her trial. she is charged with aiding and abetting her husband which she denies. i find it ladder to believe that she denies it. a dramatic high speed police chase playing out live on tv. worst part there is a baby inside. robbery suspects driving crazy through los angeles. at one point hitting speeds of

90 miles per hour. the car finally stops just off the highway and the first suspect comes out with his hands up. but the real surprise comes when a woman steps out of the driver's seat holding a baby. the baby is okay. will eventually go to college. ainsley? ainsley: thanks, brian. the number of states with sanctuary cities continues to grow. one colorado lawmaker wants to drop the gavel on those cities. his proposed bill would allow the victims of crimes that are committed by illegal immigrants to sue the politicians refusing to deport them. jamiel shaw, whose son was shot and killed by illegal immigrant, he had this to say about the bill. >> oh, yeah. it would be perfect. hold them accountable and scared to do the stupid stuff they are doing. the police chiefs out here and the sheriff's department. they don't want to do nothing. they don't want to do nothing to protect us. so, that will hold them accountable because it will make them do their jobs. ainsley: the lawmaker who introduced that bill is colorado state representative

dave williams. he joins us now. good morning to you, representative. thank you. >> good morning. thank you for having me. ainsley: you are welcome. congratulations. you are the first latino elected to district 15. why are you introducing this bill. >> i'm introducing this bill because we have a problem. we have a problem in our state and particularly our country. this could be model legislation that will definitely hold these lawless politicians accountable for letting criminals lose on the streets. ainsley: what will this bill do if it is passed? >> what it would do is empower people, especially victims of sanctuary city policies to file civil and criminal complaints against these politicians who violate the rule of law and the public trust. ainsley: now, in the state of colorado, you have more democrats. so how are you planning on passing this bill? >> we're going to turn up the heat and bring the pressure. and should the democrats be successful in defeating this bill in the house, i'm going to call for the senate president and the in the other

chamber which is controlled by republicans get a pass that way so we can have ample opportunity to keep colorado safe. ainsley: why did you decide to introduce this bill now? did you have more courage because donald trump has spoken out against sanctuary cities? >> you know, it's something that's been on my mind for a number of years, i think donald trump has led the way. you know, very much like donald trump, businessman like approach. this bill will actually get results it will make politicians think twice before they allow criminals on the streets and put the well-being and safety of the american people below that of illegal aliens. ains whans have. so lawmakers that you work with? what are they saying? you said in an article that i read that was in your local paper said that you're calling these lawmakers reckless. you're saying they are making reckless decisions and putting their residents there in colorado in danger. >> right. right. well, on the republican side, there is a lookout of great support. i have the minority leader on board as well as the senate majority leader. with the democrats, they are

wrong on this issue. they don't like it. in fact, there is going to be legislation that's going to be introduced to actually make colorado a sanctuary state. and i think it's unfortunate. and i think we need to hold these guys accountable and you t. would particularly like people like kate stinel's family from san francisco, it would allow people like those victims to hold these guys accountable, sue them, and even put them in jail. ainsley: representative williams, thanks for being with us. keep us posted, okay? >> thank you. ainsley: coming up, the left is still losing it over the president's executive order on refugees. lieutenant colonel tony shaffer is going to join us to sort fact from fiction u and then. remember this? >> is the sound working? can you hear now? no, that doesn't do anything. shall we sing this land is your land again until we get the sound working? ♪ this land was made was made for you and me. ainsley: what's next you probably haven't seen yet but probably wished the mike was

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>> preventing terrorists from entering our country, we can stop terror attacks from striking the home labsd. we cannot gamble with american lives. i will not gamble with american lives. these orders are a matter of national security. it is my sworn responsibility as the secretary of home land security to protect and defend the american people. brian: that's what the general was speaking about yesterday in a lengthy, very informative press conference when when it

level headed most networks tuned away from it. donald trump's presidency apparently on the verge of collapse, do you get it? at least if you watch the other channels. >> today the backlash and white house on damage control. >> families detained at airports when the ban on refugees and people from seven majority muslim countries went into effected. lives in limbo. >> a nation divided over the president's travel ban. >> you're fired fallout. after the president dismisses the acting attorney general who refused to defend his travel ban, which the white house says isn't a travel ban at all. brian: yeah. buff is any of that true? steve: here to separate fact from fiction is lieutenant colonel tony shaffer. good morning. >> good morning. how are you. steve: we will ask you about things we have seen in the mainstream media because of your unique most you know whether this is true or false bass because as we were

talking about earlier it seems like folks in the media have tds. trump derangement syndrome. they say the president had no right to fire acting attorney general sally yates. is that fact or fiction? >> that's fiction. it's complete nonsense. look. president reagan fired 11,000 air traffic controllers when they went on strike and, remember, a guy named stan mcchrystal was fired simply over misinterpretation of certain information within the rolling stone which is even more absurd. of course a political appointee like miss yates is going to be fired. let's face it. if you have a lawyer who is not representing you. that's her job. her job is to represent the white house, the administration. you are going to be fired. that's the bottom line. he had every right to do it. ainsley: next one, immigrants are welcome under certain circumstances fact or fiction? >> that's a facts. they are conditionally available to come to the united states and visit or become permanent members, green card holders or citizens depending on circumstance.

the whole idea here is that there is nothing changed on this. not a change has changed. so this is a complete straw man neverred by the left. brian: should there have been exemption for green card holders? now we note answer jevment should there have been exemption for those people helping us out in iraq and afghanistan, there should be, yes. so the question is, can you stop a green card holder from entering the u.s.? >> well, to your point, there is 109 people inconvenienced nothing compared to what we are trying to do. john kelly said we are trying to protect the people. the answer is yes, of cose president trump could do something to revoke or limit those with green cards coming. in but, at this point, there is no indication he is going to do that. so, again, that's something could that happen. he didn't say is he going to do it so it's fiction. he is not doing it. steve: tony, i can't tell you the number of newspapers and tv outlets i heard them refer to this as a muslim ban. >> right. so these are muslim majority nations. >> correct. steve: did president trump

come up with the list or was the last administration in charge of that list? >> no, no, no. this comes from the law signed by president obama in december of 2015 called the visa waiver program or the other title a terrorist travel prevention act. imagine that. steve: that's good. >> if you look at the order, for goodness sake read the order. specify he is a paragraph from that law, that paragraph specify he is the seven nations. president obama picked the seven nations in question here. let's be clear here, folks. this is about trying to prevented violent extremists, terrorists from coming here. let's remember, that those terrorists would kill muslims as well as anyone else who doesn't believe like they do. so this is not to protect just the american people. it's to protect anybody from the terrorists. brian: but, yet, there is diplomatic dissent. they are upset with this and put 1,000 signature temperatures on it. those are people that work for us in the state department. finally president obama banned certain immigrant travel, too. that is a fact. correct?

>> that's a fact. he actually, this month before he left office removed the provision for -- if you leave cuba, you are someone -- seeking asylum, used to be you get here, you are safe. not anymore. president obama personally removed that as something that could be done to protect people who are drying to flee, a communist regime. that's where you go. by the way, i would fire those 600 people at the state department like president reagan did regarding them going against out policies. it's totally insane. brian: going to be problems down the line. steve: if you are not with the program get out as sean spicer said. tony shaffer identified with cia i think you were dia. i had spy confusion. brian: bottom line he can keep a secret. steve: not really. ainsley: thanks, tony. steve: who kind of a secret can he keep? is he on tv. ainsley: hand it over to heather. heather: good morning. hope you are off to great day.

the same hot mike that stumpsd democrats during anti-trump immigration protest? that was not the only disaster. watch this other one. >> i am dealing with real people now. >> are they here? >> where are they. ainsley: how scriptside that? let's meet the real people. who are those real people? according to nancy pelosi a fellow lawmaker who is muslim. watch this. >> i'm congressman andre carson. [cheers] >> not only do i represent indianath 7th congressional district very proudly i happen to be a muslim and former police officer. heather: she coaches him while i protesting president trump's immigration order. prumple may be about to take his immigration crack down a couple of steps further. "the washington post reporting today that the administration hails two new executive order drafts. one would deport immigrants already in the united states if they used programs including food stamps or medicaid, which we, the

taxpayers, here legally have to pay for. the other pro-poftzed one would overhaul the work visa program aimed eight protecting american jobs. we are working to get more information on that report and bring it to you as soon as we get it dramatic changes could come to youth football to make the game less competitive in the name of safety. new test rules include using a smaller field. no special teams. including kickoffs. down sizing from 11 to 7 players per team. they are also considering banning players from using a 3 point stance and coaches would have to ensure players of equal size will be lined up against each other. players out there, what do you think of that one? incredibly romantic love story darkest dayness american mystery. boston marathon survivor will soon marry the firefighter who saved her life. she method her future husband mike when he rushed to her side seconds after the bombs went off in boston in 2013. she required a leg amputation. and mike followed her recovery from start to finish.

and the rest is history. in march, they plan to release a book about their love story. best wishes to them. what exciting and really happy news born out of a tragedy. steve: no kidding. that's great. thank you. breaking right now, defense secretary on the move heading out on his very first mission on the trump administration. where's he going to? we will tell you what they are telling us as he leaves joint base andrew us. brian: the political world is buzzing about president trump's pick for the supreme court. judge napolitano, he watched the pick being made. evidence knows judge gorsuch. he will be weighing in on him right now. hey, judge? ♪ any way you want it ♪ i was alone ♪ i never knewhave ast ♪ what good luck could do i talked to my doctor and found a missing piece in my asthma treatment with breo. once-daily breo prevents asthma symptoms.

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brian: all right. the president's pick for supreme court justice could lead the nation's highest court to a new conservative era. >> the supreme court's work is vital not just to a region of the country but to the whole. vital to the protection of the people's liberties under law. and to the continuity of our constitution. the greatest charter of human liberty the world has ever known. it is the rule of judges to apply, not alter the work of the people's representatives. a judge who likes every outcome he reaches is very likely a bad judge. [ laughter ] stretching for results he prefers rather than those the laugh demands. steve: so how does this impacted you? fox news senior judicial analyst andrew napolitano who formally advised the president on his supreme court choice ofs joins us right now. if you informally advise the president, was he on your list? >> well, you know, we didn't talk flames. but we talked ideology and education and hot button issues and methodology, how

judges make decisions. judge gorsuch was high on the list of those of us advising the president who wanted somebody very, very close to justice scalia. faithful to the constitution. faithful to the original meaning of the constitution. believing that the supreme court can't stretch the constitution and generally, this warms my heart, brian, generally skeptical of the government. not giving the government a pass. just scalia was that way. judge gorsuch is that way. brian: he was the most eloquent judge i have seen since you. if he is not confirmed he will give you a run for your money. used to judges not being as flamboyant, outgoing. comfortable in fronts of the camera making speeches. how important is it that donald trump secretary of defense he took it seriously after the first time he was his pick and he and don mcg.p.s. gan. >> the president's chief lawyer. brian: in the room when they

interviewed him at the trump tower? >> it wouldn't surprise me. you know, i was there for two and a half hours on two different occasions with different people in the room u. brian: he was focused? >> yes, yes. the president knew what he was talking -- he wasn't the president when i was there. it was three days before inauguration. but he had certain issues on his mind that he wanted to explore and i was -- brian, i was thrilled to be able to help him in this process. and now i'm thrilled at the outcome. i also would have been thrilled with almost anybody on that list. but he really picked the most scalia-like, intellect and attitude. ainsley: let's talk about the confirmation process. democrats were all for him in 2ebg 6 when he was appointed to the tenth district but that's going to change. >> yes. ains ain't democrats are not in favor of any of these picks that donald trump would have -- >> -- the chuck schumer line is he is not in the mainstream. that's really a bogus line. but that's the beginning of the assault on him. ainsley: what do republicans have to do to get him appointed.

>> they need 51 votes. if the rules stay. if that's the way they are going to do it. if the democrats are going to ask for a filibuster which the old days mean you talk and talk and talk and talk but in the modern era means you need 60 votes it's going to be difficult to get 60's votes for him. the republicans are going to have to break the filibuster or persuade 8 democrats. 52 republicans, 48 democrats. persuade 8 democrats to come over. i think they have one democrat already. i don't want to prejudice him but he made very nice comments. brian: joe manchin. >> a friend of this show and fox but is a democrat. he basically chastised the other democrats saying you guys have to have an open mind about this person. it's a very serious mind here that has been selected. but you need seven more democrats who think similarly. and whatever you think of chuck schumer, i think he has a tight leash on the democrats in the senate. ainsley: he was one of the ones who liked him in 2006.

who voted for him. >> they will look at people very differently from the circuit than they do on the supreme court. steve: sure. you have all those democrats. ten of them up for re-election in the senate in two years are in states that donald trump won. there is a lot of pressure. >> they did not want hillary clinton to be choosing this person. steve: for the republicans they would like his record and those who supported the affordable care act would not he actually wrote before the supreme court got it the hobby lobby verdict at the tenth circuit. >> this is the case that basically says the government can't force you, whether it's you individually or whether it's you and me owning a grocery store, whether it's all of us as shareholders in a corporation, to do something with our employees that violates our religious rights. judge gorsuch wrote that decision in the circuits court. it was upheld in the supreme court. brian: judge, do you want to hear my tactic how this is going to play out? real quick because they are

yelling in my ear. they are going to let him go through because they're worried about the next fight. if they allow him to get his 60 votes and pass him the way they are supposed to pass him, they will have something to say on the next fi it's kennedy or ginsburg. >> think about it this way i know they want us to stop. you are trading one conservative for another. you are not really changing the balance from where it was a year ago. now, you are trading gorsuch for scalia. next time around, whether kennedy is replaced or ginsburg is replaced. you are probably, donald trump is going to make the selection have a far more conservative replace ago far less conservative. that's the battle. brian: that's the war. they will give you 60 here but say that's the press dentsd. have you to give 60 for the next one. >> will chuck schumer still be the minority leader in the future. brian: probably not. he he all right. judge, thank you. ainsley: video insane. zoo keeper suddenly attacked by a xebec i can't. body dragged around as the

spectators were watching. his incredible escape in the next hour. steve: i thought they were friendly. steve: there are some ways to say i'm sorry. >> i just wanted to apologize and i hope you forgive me. >> i'm sorry that people are so jealous of me. >> do you accept my apology? steve: with the country so divided on politics and other stuff, we brought in an expert to help us all say you're sorry the right way because throfn is a wrong way. brian: judge, i'm sorry. ♪ i'm sorry ♪ sorry ♪ z28cnz zwtz y28cny ywty

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>> like to apologize.

>> i'm sorry! i'm sorry! >> i just wanted to sort of of apologize for the kissing thing. >> love is never having to say you're sorry. >> i'm sorry i lied to you. >> i just you wanted to apologize and i hope you forgive me. >> i'm sorry people are so jealous of me. >> do you accept my apology? ainsley: there are so many different ways to say i'm sorry. with our country feeling divided right now, is it time to come together and give it a shot? steve: yes. here with tips on the right why it apologize psychotherapist and author of the brand new book can you get everyone called "disconnected" thomas kersting. we should feel sorry if we do you have screw up but sometimes it's hard to take the step to say i'm sorry. >> i'm sorry might be two of the most difficult words to say. kind of like i'm wrong or no to your child. but it's so critically important as a human being to

take ownership for the things that we have done to other people. brian: for example you shouldn't say i'm sorry to get out of afternoon argument. if i apologize can we move on? don't do that there is a way to apologize. >> if there is a but at the end of it there is note an apology. now you are trying to justify your position. it has to be sincere. if you have done something that's been offensive or something wrong, it's not necessarily the interpretation of the other person or action behind it. ainsley: couldn't you say i'm sorry but let me explain what i did what i did. >> that's fine. depends on the relationship you have with the other. brian: no way that's fine. ainsley: that's totally fine. >> i see the stuff on social media come out. especially the divisive news. the comments from one person toyota next. ainsley: so mean. >> it's really an indication of that person's lack of emotional intelligence, emotional regulation and the ability to empathize with other people and so forth. brian: you gave us bullet points on how to apologize u let's go through them. one acknowledge your responsibility and be sincere, right? >> um-huh. brian: offer to repair it so

can i give you money. ainsley: that always works. brian: 20 bucks and let's move on. express regret. >> um-huh. brian: all about sin sartd. >> it is about sincerity. the problem is now we have a lot of people that are very sensitive in our world. sometimes can i say joke bus to your tie. hey, that's a really nice tie you have on there. you might be offended by that because, whatever, you may be a sensitive person. in that case i don't think it's necessary to apologize if i'm just joking with you. it's got to be if your actions, there were intent behind it that's the important variable. steve: interesting stuff. ainsley: don't sweat the small stuff. the next one explain what went wrong. you can say i'm sorry but this is why i did what i did. brian: or you should say let me explain what went wrong. steve: eventually it turns around to it's not my fault it's your fault under a are back at ground zero. >> like husbands and wives in relationships. i have been there with my wife. i take pride as when i have done something wrong. ainsley: like what? tell us what happened. steve: tom, be careful she is

watching right now. check out his book it's called "disconnected." brian: just for the record when i make a mistake i'm sorry. but it has not happened yet. steve: don't do it, right? >> that's right. ainsley: did you not learn a thing. breaking right now -- (pop) campbell's tomato soup and grilled cheese. (more popping) go together like being late and being grounded. made for real, real life.™

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you think your customers can't tell the difference between who's ready and who's not? of course they do. ♪ i'm ready for you everybody wants a piece of ready. cintas, ready for the workday. ♪ >> i'm keeping another promise to the american people. by nominating judge neil gorsuch. >> i think judge gorsuch is a home run. >> i pledge that if i'm confirmed i will do all my powers permit be a faithful servant of the constitution and law us of this great country. >> it's the very hostile appointment. if you breathe air, drink water, eat food, take medicine or in any other way interact with the courts, this is a very bad decision. >> are you going to use the nuclear option? >> well, let me just tell you, we are going to get this judge confirmed. >> but isn't that answering it? >> we're going to get the judge confirmed. >> so you you would? >> we're going to get the judge confirmed. >> the committee vote is delayed today.

>> call it old fashioned hissy fit. >> i am very disappointed in this type of crap. >> preventing terrorists from entering our country, we can stop terror attacks from striking the home land. we cannot gamble with american lives. >> i can't tell you the number of newspapers and tv outlets i heard them refer to this as a muslim ban. >> if you look at the order, for goodness sake read the order. president obama picked the seven nations in question here. let's be clear here, folks. this is about trying to prevents violent extremists, terrorists from coming here. >> may god bless you. may god bless our glorious nation. ♪ and i've been taking care of business ♪ everyday ♪ taking care of business ♪ every way. brian: did you notice all of the trumps were in attendance last name. eric and don jr. ainsley: antonin scalia's wife was sit there. steve: antonin scalia's son the priest who presiding over his funeral just a year ago.

brian: have haven't sign him in a while u. steve: somebody else we saw neil gorsuch who currently sits on the tenth circuit of appeals out in denver. is he donald trump's nominee to fill antonin scalia's very large shoes on the supreme court. here is mr. trump talking about mr. gorsuch. ainsley: in prime time. >> this may be the most transparent judicial selection process in history. months ago as a candidate i publicly presented a list of brilliant and accomplished people to the american electorate. and pledged to make my choice from among that list. millions of voters said this was the single most important issue to them when they voted for me for president. i am a man of my word. i will do as i say. something that the american people have been asking for from washington for a very,

very long time. brian: i just love the whole rollout, didn't you? steve: it was different. prime time. brian: he walked down the hall and the announcement. did it at 8:00 eastern time at night. preempted everybody's programming. maybe everyone comment on it after. steve: to his point. donald trump made the point right in that sound bite, millions of americans voted for me for president of the united states because of who i would put on the supreme court. you saw my list of 21. and then last night when everybody's home for the most part because it's 50:00 out west, he rolled out neil gorsuch. and nobody really knew until that moment because donald trump actually brought in the next finalist so they everywhere both in washington so nobody could say, well, you know what? that other guy is out of town so clearly he is the winner. ainsley: after donald trump did the billie bush video there were a lot of evangelicals had a major problem. everyone had a major problem with what he said on that bus. but evangelizes were telling me they were still going to vote for him because of this

reason. brian: right. ainsley: the supreme court decision. brian: the other guy had to drive from pittsburgh. how ticked would you be drove from pittsburgh to come in second. ainsley: i think you would still be able to go to your grave though saying you were a nominee. brian: have you to fill up gas halfway there. it's freezing out. steve: you know what? uber is so reasonable. maybe he took an uber. other thing is thomas hardiman if he came in second may be donald trump's next pick. ainsley: maybe. so. steve: if you missed neil gorsuch on our air last night accepting the nomination from the president of the united states, you saw a 49-year-old man top of his class at all the schools he went to. brian: if you think oxford is a good school. steve: exactly. who has a strong history on the bench. here he is, a conservative intellectual, columbia, harvard, oxford. ainsley: three degrees. steve: he sided with hobby

lobby. ainsley: hire he is after donald trump announced who he selected. >> standing here in a house of history and acutely aware of my own imaffection imperfectione a faithful servant of the constitution and laws of this country. it is the role of the judges to apply not alter the work of the people's representatives. a judge who likes every outcome he reaches is very likely a bad judge. [laughter] stretching for results he prefers, rather than those the law demands. i am so thankful tonight for my family, my friends, and my faith. ainsley: he talks about his faith. is he episcopalian. this is the first time if is he confirmed that someone will serve on the supreme court serve on the supreme court that he clerked under.

brian: also byron white. ainsley: clerked for him too its. brian: led the nfl nfl in rushing. steve: only one. brian: pretty good for the republican case. former solicitor general under poem came out and said judge gorsuch is one the most thoughtful, brilliant judges he has ever served our nation over the last century. that he was going to be hard to walk away from if you are senator schumer. ainsley: he has two ghawrts boulder. he raises chicken and goats and he likes to ski and fly accomplish. brian: going to have time to be judge? steve: toby young down at smu in dallas she worked with gorsuch at the department of justice. her husband clerked for antonin scalia. this is the kind of man she says he is. >> working at the department of justice, i was down the hall from now judge gorsuch, and i will tell you even then he was one of the smartest, most humble decent people you could ever work with he was always prepared.

a great listener, everything you would want a judge to be. i don't think anyone has to worry about him being anything other than who he is. is he noit going to be putting his personal preferences in place. is he a judge. a judge's job is to look at the law, to look at the constitution, apply the facts and get to the outcome. so i think conservatives can get behind judge gorsuch and be really proud of this nomination.brian: still not goip the battle to continue with democrats just dug in on everything that donald trump does. meanwhile, kind of important you talk about the link ainsley before. here is neil gorsuch getting autograph that i'm sure is on his wall from antonin scalia. and you will see that in a second. steve: down at the bottom in his hand write something scalia's handwriting. it says to neil gorsuch, fond memories of a day on the colorado with warm regards, antonin scalia. we asked you for your comments about this selection. and we got a lot of them. ainsley: grady on twitter said i only know what i have seen on the news.

but a picture says a thousand sand words. who better to replace than a fishing buddy. steve: excellent point, grady. marianne on facebook said i was hoping it would be judge gorsuch. the man is outstanding scholar when it comes to the constitution and the rules of law. ainsley: yes. proponents of originalism. brian: i can't believe they had a protest waiting outside u wait announcement of the nowmtion sharp pay and sign in hand. insert name. they had anti-gorsuch signed formally printed. ainsley: no matter who he said. brian: 8:00 in washington? steve: it's called rent a mob. they are organized. it's all part of the trump derangement syndrome. there will be an attempt at a filibuster. the senator from oregon, said unless the nominee was merrick garland, and it wasn't, he would filibuster. then have you ron biden coming out saying is he bad. nancy pelosiization the guy is against clean water and clean food and crazy stuff like that.

and now schumer is in a pickle because he is got to keep everybody together. looks like is he doing something. how much of an obstructionsist will he be? brian, i think you will talk to a senator about that coming up. bringe brian see if we get a chance to talk about the judge. senator chris kuntz will be with us. i think he is one of the most reasonable senators in washington. i cannot wait to get his perspective on this. is he more biden or more manchin? we will see. steve: everyone wants a mansion. just saying. brian: meanwhile, shear heather nauert with the breaks news. heather: breaking news happening overseas. general james mattis boarding a plane for asia just moments ago. it is the new secretary of defense's first overseas trip in that post and first for anyone in the trump administration. secretary mattis reassuring our allies beginning with south korea beginning a u.s. commitment ending north korea's consistent show of force threat. this as kim jong un nuclear

program. second stop mattis will be in japan on the heels of the u.s. withdrawal from the trans pacific partnership. leaving just a short time ago from andrews air force base. exclusive new evidence that iranian-backed rebels attacking a saudi warship may have been aiming for u.s. ship instead. [explosion] heather: that unbelievable video showing the rebels ramming a boat filled with explosives into the saudi ship. a major concern at this hour. there was a voice on the tape screaming allah akbar and death to america. all of this taking place just off the coast of yemen where you will recall of the same group the houthi rebels fired missiles at the u.s. navy back in october. the president tapping a new top boss to patrol our borders. union-backed ronald vietello joins the agency and served as deputy chief under the obsd.

he comes to power as president trump pledges to build a southern border wall and add thousands of new agents to the job. one week ago mark morgan resigned as chief under pressure by the new administration. and this story will put a smile on your face. a u.s.s. soldier returning home from overseas surprises his family during the boston-celtics game. watch. >> please welcome home from his seven months deployment overseas staff sergeant matthew knowles. sergeant knowles receiving a standing occasion and bringing his family to tears. i think that was his mom hugging him there he has served our country in iraq, jordan, kuwait, and cu cut qata. a mom always misses her baby. ainsley: this video is insane a zookeeper is attacked by an

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♪ ♪ brian: president trump announcing last night his pick to fill the seat of supreme court justice antonin scalia who passed away nine months ago. it appears it won't be a an easy fight as democrats came out swinging saying they will fight the nomination of judge neil gorsuch in some cases. here now with a response from

his point of view is dras democratic senator chris coons. senator coons is also a member of the senate judiciary committee and we'll talk about that as it relates to our attorney general. but first things first, senator. on first blush, where do you stand? >> well, brian, i think that we ought to give judge gorsuch exactly the sort of thorough and full hearing on the senate judiciary hearing that d.c. circuit chief judge merrick garland never got there was 10 month delay as senator mitch mcconnell and the republican majority held open this seat until the general election. but i don't think that we should respond in a tit-for-tat way and refuse to participate, cooperate, or hold a hearing for judge gorsuch. i look forward to digging in to his record, to meeting with him personally and to better understanding his judicial philosophy. and i think we should take this one step at a time. brian: right. a lot of the times not -- of course, you are not in the house but nancy pelosi is. and she is democratic leader there. she said this last night when the news broke. >> clean air, clean water,

food safety, food safety and medicine and the rest if you care about that for your children, is he not your guy. it's a very hostile appointment. fellow well met lovely family i'm sure. as far as your family is concerned. if you breathe air, drink water, eat food, take medicine or in any other way interact with the courts this is a very bad decision. >> i'm sensing that she is not all in. >> i would not be waiting by your phone for a yes vote from nancy pelosi. brian: right. absolutely. ron biden upset by b. assisted sue side. coons seems like joe manchin let's hear what he has to say. senator, something else, it seems like out democrats are fighting everything tooth and nail especially on the nomination process. yesterday another delay from mnuchin and then senator sessions. are we going to see this move at all today? >> i think we are going to

move forward with senator sessions on the senate judiciary committee today. i spoke for 30 minutes yesterday detailing why i intend to vote against senator sessions. a colleague with whom i worked well on two or three criminal justice reform and federal funding issues but i have significant disagreements with him around auto cross a wide range of issue about privacy, torture, voting rights, criminal justice reform. and although i like and have enjoyed the company of senator sessions, i am not going to vote for him today in committee. brian: finally, donald trump getting rid of the acting attorney general. do you understand why he did it? does it make sense to you? >> she was a career department of justice employee and senator sessions asked sally yates in her confirmation hearing where she would be willing to stand up to a president who she thought was issuing an illegal order or carrying out an illegal action and she said yes. brian: right. >> she did that. she applied her judgment. i understand why president trump decided to replace her.

but she did exactly what senator sessions asked her to do. brian: senator, do you feel better about the executive order pausing those seven nations the admission process into our country after general kelly spoke yesterday? >> you know, i didn't get to hear general kelly's comments. did i meet with vice president pence yesterday afternoon. we met in part to talk about the national prayer breakfast that's tomorrow morning. but i expressed concerns about that executive order. my home church in delaware was prepared to welcome a syrian refugee family this week and he said that he would have general kelly come and meet with me to explain some the ways that this order is being modified. senator rob portman, republican of ohio recently said that the thing that wasn't thoroughly vetted was that executive order. and i think it needs to be modified. brian: if there were more senator coons in the senate we would get more things done. >> thank you, brian. brian: good luck with your prayer breakfast.

greg abbot has your number. his warning to cities defying law and order next. we told you about a doctor mom bullied online for supporting brump. after yesterday's interview the nastiness got worse. dr. nicole saphier joins us live next. (announcer) at boll and branch,

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brian: all right. time now for news by the numbers. let me get started while you get dressed. first four. that's how many reporters will attend today's white house briefing via skype. the skype feed program starts today. it's the first time reporters outside d.c. will participate. lars larson a good friend of ours. ho$181 billion how much donald trump saved on regulations.

how much warren buffet has bought in trump since president trump won the election. he didn't reveal which ones but the stocks have surged since the president's victory. can you imagine if he voted for him. ainsley: the purse is very big the word billion. steve: it's huge. ainsley: telling you about online doctor mom's group who builds itself as tolerant and a political. after the election of president trump, just like a lot of forums, things turned ugly for conservative members of that group. >> a lot of those conservatives that were posting. they were actually being removed from the group. their posts were being deleted where a lot of more left wing or liberal posts, they are remaining. the same intolerance that people are marching for or against in the streets is the same intolerance that's just exploding with physicians group. ainsley: after that appearance on "fox & friends" yesterday dr. nicole is a fire received a lot of backlash online like this.

an anonymous person, of course, wrote on facebook get a life. people have real problems. if i get a microphone in front of me i won't be whining on behalf of myself. well, back today with her reactions, radiologist dr. nicole is a fire. good morning, dr. is a fire. >> good morning. ainsley: after you left the set we were sitting here yesterday. you sent me texts saying oh my gosh people are writing all sorts of hateful things about me just for giving your opinion saying conservative were getting kicked off the site and liberals were attacking people on a site that is supposed to be nonpolitical. >> big issue i had with it wasn't one side or the other. i actually said i saw negative banter on both sides and on a site that's supposed to be a political i didn't think that was appropriate specially the way the professional people were treating each other. one thing i want to clarify is i am no longer a member of this forum. i have voluntarilily recused myself from it over the weekend because of what i whereaboutsed and. therefore i do not have access

to a forum or member list. i can't seat content. if there are still active members of this group who feel they have been owe protests abused and they choose to reach out to public sources, that's on the group. that's not on me. and i do not envy the administration on trying to please 65,000 women of this site u it's a very hard task. i imagine the trump administration feels similar. ainsley: a lot of people do support you. and they were writing us. and i want to read some of these comments. this is from cathy. she emailed us and says as the past few months have proved liberals have. so digest hypocrites of all. i applaud dr. saphier for removing herself from a group that which is far more toxic and intolerant than its purpose seemingly intended. and then anonymous female doctor also emailed us and said i'm a member of pwg and enjoyed the case consultations and shared our mutual challenges along with our challenges but i unfollowed

them as i could see that if you were conservative, you weren't welcome. sad as one would think highly educated women in a caring profession would welcome diversity of thought. what's your reaction? >> the truth is, you know, i have seen nearly a thousand sand stories similar to that that was the majority of what i saw yesterday. i have never been the target of any of these attacks prior to yesterday on this forum. my body was being attacked. people were talking about my home. vowing to disrupts my professional arena. and it is because of these exact type of attacks, ainsley, that i stand resolute in everything that i said and coming and discussing this with you. because i do not think it's appropriate for people to be doing adult bullying. childish name-calling and threats are inappropriate. ainsley: david says kudos to dr. saphier for calling for good manners. i'm now concerned though about our doctors treating us differently if they know our views differ from theirs? should i be?

>> absolutely not. this is a large group of very strong, intelligent women. we all vowed. and they truly, truly have patient's best interest at hands. people are a bit emotional right now. microcosm of the society we are living. in they're going to give the best patient care. if doesn't matter if they are right, left, in the middle. they are going to give good patient care. ainsley: thank you dr. saphier and thank you for what you do for your patients. who is more threatening collin kaepernick who disrespects our flag and admires fidel castro or tom brady. a liberal professor is actually asking his question. his answer is going to blow your mind. don't expect hollywood to stay silent on president trump's supreme court pick. they are already melting down. carlie shimkus is here with the top trending stories of the morning. come on, in carlie. ♪ let's get it started ♪ let's get it started in here ♪ let's get it started ♪ let's get it started in here ♪ let's get it started

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♪ it's my party ♪ and i'll cry if i want to ♪ cry if i want to ♪ you would cry too if it happened to you ♪ steve: yeah, chuck schumer crying up on capitol hill this week. ainsley: here with what's trend something fox news headline fox news 24/7 reporter carlie shimkus. brian: you are trending. >> why, tell me now. brian: is it true that amy it sticking up for uncle schumer. >> distant cousin. you saw the tape effort weekend senator schumer got weepy discussing president trump's travel ban and the president has accused chuck schumer of crying fake tears. steve: he tweeted it, didn't he? >> his distant cousin and

comedian amy schumer didn't find that funny and she defended him on instagram saying this is what he was thinking about at 6:21 a.m. i know chuck schumer and can he not act. trust me. can he barely small on cue. trump is about to bombard us with so many awful decisions. we need to stay focused and organized. >> i think she was just steamed because donald trump tweeted out nancy pelosi and fake tears schumer had that rally. >> she didn't like that fake tears comment. they also didn't like what amy schumer had to say no. way to defend chuck schumer is he a fake cry baby on a losing political team no. honor in that. wow, and 1st and 10 says when is amy leaving the u.s.? steve: is she one of the people whod said they would leave. >> she said she was going to go to spain u. ainsley: talking about hollywood, all these actors. what are they saying about gorsuch being the nominee? >> the president made his supreme court announcement by

8:00. by 8:00 in 30 seconds people have already decided how they feel about him. and as you can imagine, those famous folks out there aren't too happy about this. comedian billie eickner tweet you had gorsuch is anti-lbgtq and this is #stolen seat that belongs to merrick garland. mark cuban says if item dems are smart they will ask what they can get from him for a quick supreme court approval. negotiate with the negotiator. game show host chuck woolery. steve: game show connection. >> he tweets a lot. steve: is he political guy. >> he said judge gorsuch i'm honored and i am humbled, and added now democrats will start to smear. you know it's coming. brian: chuck woolery the original host of wheel of fortune when they used to van opportunity to get gifts at the end. that's when wheel of fortune

was really good. go to a window and get gifts. steve: it's cheaper than giving somebody $25,000 cash. steve: look a new stove. brian: you used to be able to go shopping with the money they just got. ainsley: don't they sometimes get to do that. win a car or a trip? i haven't watched wheel of fortune in a while. >> it's not wansd dough but they can win gifts. brian: really. so you know what kind of shifts we can win if we win wheel of fortune? steve: all right. carlie, thank you very much. >> thanks so much. ainsley: you know what kind of gifts. brian: we will see you on channel 115. steve: meanwhile on this channel you will see heather nauert with the news. heather: good morning. or get an rv. best thing after all. good morning, it is a texas-size immigration crackdown. >> this is the session when we will ban sanctuary cities in texas. [cheers and applause]

heather: that is the governor greg abbot getting standing ovation while he declares emergency session to ban sanctuary cities in that state. be a boot taking it one step further threatening to remove officials who refuse to enforce our president's orders by protecting illegal immigrants. stop what you are doing. you have to watch this video. it's pretty insane. a zookeeper viciously attacked by a zebra as a crowd watches in horror. oh my goodness. can you hear the terrified tourists screaming as that zebra sinks his teeth into the man and drags him around like a rag doll that scene happening in china. others seen chasing with sticks. the zookeeper made it out with minor injuries. tom brady supporting our president is more unamerican than colin kaepernick's anthem

protest that speech coming from a college professor and that is sparking outrage this morning. david dennis jr. teaches at moorehouse college in georgia. he calls president trump, quote, oppressive and crass in an article that he wrote saying, quote: supporting donald trump as president is far more threatening to america than taking a knee during out national anthem. sole what do you think about that one? send us your comments. i bet we will get a whole lot of them. steve: we don't know what he steves? heather: we are checking that one out. moorehouse college. brian: he sounds adjunct. but that is unbelievable. and so much backlash because is he friends with the president of the united states. this is unbelievable. and patriots saying if we win or excuse me or falcons if we win, i'm not going to the white house. steve: it's d.t.s. donald trump derangement syndrome. brian: donald trump be talking to bill o'reilly on the super bowl and we'll be covering the super bowl.

ainsley: donald trump will say fine. don't come to the white house. i don't care. steve: what kind of a day is it going to be? adam joins us. what's the latest "foxcast." >> feels great out here right now. this isn't bad for new york city. if you just head up state new york we are seeing rain falling. we could be talking about as muchs as a foot or two feet of snow upstate. just along lake ontario. eastern side of the state that's what we're concerned with and only spot we are concerned with. getting along the coast stretching from new york maybe stretching up towards boston maybe light rain before it's all said and done but mostly dry. just highlighting there off the eastern side of lake ontario. now, if you are living out west, this is the other big system we are tracking right now a huge rainmaker. this is hitting northern california. some snow up in portions of oregon. everyone though in the middle of the country actually turning out to be a pretty good looking day. look towards texas.

a super bowl in the next couple of days. clear now. we may be talking about rain for the weekend. at least the next couple of days all those activities things looking pretty good, guys. steve: rain in houston when we are down there. >> sunday, isolated thunderstorms. not severe weather but at least a little bit of rain. ainsley: can we send you down there with-to-build a set with a cover for us? brian: i'm bringing ran. ainsley: wrap second party of that word. i'm bringing aluminum as in foil. steve: painting betsy devos as unqualified racist billionaire. but is any of that really true? we're going to talk to somebody who knows her. brian: actually she is the one who gets approved. and goes zero to 60 in under seven seconds. it's made in america. it can fit your whole family inside. the top family cars of 2017 revealed on our plaza.

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with quicksilver from capital one you've always earned unlimited 1.5% cash back on every purchase, everywhere. welcome to unlimited. what's in your wallet? steve president trump's pick for secretary of education betsy devos nomination now heading to the full senate. not without protest from some democrats who teamed up with teachers union to paint devos as unfit and applying her school policies are racist. >> you can't actually take the funding, which is what devos did in detroit, from the public schools to use for other schools and then, on top of it, those other schools did miserably. steve: so is that criticism

unfair or fair? dr. steve perry is the founder and head of preparatory magnet school. he joins us live today. sir, good morning. thanks for joining us from jacksonville, florida. >> good morning, steve. steve: all right. >> betsy devos, randy wine garden who heads up a teacher's union really hates her. what do you think about her? >> well, randy wine gartner supports some of the most aggressive and racist policies in american history. if she had her way black latino and poor children would stay in schools closest to their homes run by union teachers. this is not by union performance. this ♪ true. betsy was never in elected or appointed position she was never in a bogs to take any money from anyone other than herself which she committed to make sure that african-american latino had access to quality education. the teacher's union is always what it has always been focused on the teachers. they would support any schools that was good regardless

whether it was public private traditional or no nontraditiona. steve: that's a great point. what do you think donald trump wants to do with education? >> that's tough. so many other things that he is doing that begin to take the attention away from what can really be a really powerful educational policy. the fact is that were toe push forward down the road of allowing parents to have the opportunity to decide what's best for their children, then he would be moving in the direction that many people, especially african-americans have supported for a long time. in fact, what you will find is that in a city like detroit where in 2000 there were as many as 180,000 children, as of today detroit public schools has only 40,000 children. and 50,000 children are in charter schools. so, african-american, latino and poor families have decided that they do not any longer want the union-run schools that have led our communities astray. in fact, in detroit, over 47% of the adults are illiterate and 50% of those went to and

received a diploma from detroit public schools. steve: dr. perry, betsy devos is from michigan. and she has been pushing school choice for a while. and ultimately, i mean, we only have one set of kids. we want our kids to get the best education possible. so maybe it is a choice. can you go to the public school. you can go to a charter school. can you go to a magnet school like you've got and the government should help us pay the way. >> well e the fact is the government is still us. the schools are still us. and so we need to look at the term public school more broadly. the public school is not defined by the fact that the public employees people. it's that the public educates children. so public schools therefore are any schools that allow children access to a quality education. the former method, which was designed in 1635, not necessarily a good year for our community, but 1635, that was when we sent children to the schools closest to their homes so that they could get home in time to till the fields.

well, that time is long gone. now we need to make sure that the schools that serve our children are the one us that the parents want the children to go to, north the teacher's union so that they can maintain a stranglehold over the democratic party and some civil rights organizations. steve: well, donald trump has said that children in education is a priority. so let's see what betsy devos does when she gets in. dr. steve perry, we thank you very much for joining us today from florida. >> thank you. steve: thank you. what do you think about that? email us at friends@foxnews.com. goes 0 to 60 in. come ucoming up the top cars of 2017. they are out on the plaza. and ainsley is in that one. ♪ on the highway ♪ let it roll ♪ down the highway ♪ retirement savings. so wherever your retirement journey takes you, we can help you reach your goals. call us or your advisor t. rowe price.

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steve: we're back with a fox news alert. in an interesting development, a live look in the west bank where armed israeli forces are evicting hundreds of jewish settlers right this minute. some of them refusing to leave. having to get hauled out. barricading themselves inside their homes on land the palestinians claim to own. john huddy is live on the west bank with the latest. john? >> well, steve, there is 42 families that live here that police say have to evacuate by tonight. it's about 500 people. 3,000 police are here. and just real quick. i want to pan over. that's one of the homes right now police are going inside that home, telling the residents they have to leave. they carried one person out. it's been peaceful there. but protesters, about 600 from outside areas have come in here. you know, basically blocking police. lighting fires, throwing stones. and just to give you an idea

of some of the homes, you follow me, david, we're on a porch here. and you can see some of these -- they are barricaded. they are blocked off. right over here there is people inside. this family of 10 live here. a number of people inside say they are protesting peacefully. and we're actually on the porch when police raided this home and we were backed into the corner. and then a number of protesters came here trying to storm the area, fighting with police. so, this operation is ongoing. but police say to all these people here, you have got to get out by tonight. steve? steve: all right. john huddy live on the west bank. thank you. all right, ainsley. ainsley: thank you so much, steve. you need to get your motor running fresh from the detroit auto show. you are looking at what is hot, what is new, and what is affordable, and what is made here in america. it's all for your family. eens low the editor of motor trend magazine.

is he telling us what is best for your family. this is the toyota camry. this is the number one best-selling car in america and has been for 15 years? >> absolutely. made in kentucky. this is the all new version. we are in the highest spec vehicle the camry sse super sporty, beautiful designed by an american out of california. ainsley: we love that what makes this car so special you? were telling me something about the roof? >> it has the special blacked out roof. makes it super sporty. c 6 under hood. should make upwards of 260, 270-horsepower. i have sharp looking. ainsley: what's the price? >> they haven't released pricing yet. can you expect it to be 25 to $35,000. ainsley: it's great. i have one child. this is a great car. heather has two children, two boys she needs a larger car. >> she does. ainsley: what's she driving? >> she is in the honda odd descity, great vehicle. also made in the u.s.a. in alabama in lincoln. it has amazing features in here.

>> let me tell folks about some these features. normally i wouldn't like an suv. if your kids like mine are always fight not guilty backseat. i have to turn around unsafely and yell at my kids or grab. they have you this great feature that allows me to see pretty much 360 the kids in the backseat? >> it's called cabin watch. ainsley: i will be one of your kids. how much time, mom? when are we there? heather: move she's seats apart or together or if your kids are fighting or hitting one another. how fantastic is that? and there is a built-in vacuum which we all need for french fries and gold fish: you know what i'm talking about. brian: i'm in the traverse. 7 people i get in this car. >> this is basically like a minivan alternative. this is from chevy. this is made nut u.s.a. in lansing, michigan. again, it seats 7 people in this configuration. a fold down rear seat. if you fold all the seats down you can fit a 4 by 8 sheet of plywood. brian: i don't love the third row.

not much room in the third row unlike the suvs. >> you are not going to sit back there you put the kids down there. brian: you never know. you kant get adults. this costs he how much. >> low mid 20's to spec to spect high 40's. >> what if steve wants a new mustang. steve: ladies and gentlemen, it's my mid life crisis car. 2018 ford gt. >> beautiful new color called orange fury. steve: i like it. come get inside. totally start it up. hit the clutch and there is a start button right there. steve: a clutch. [engine revving] steve: that's hot. how much? >> these, pricing hasn't been released yet. can you expect about the same cost of a current mustang around $35,000 for this trim. steve: american made. >> flat rock, michigan plant.

steve: thank you very much for joining us from motor trend. i'm going to be a uber driver today. brian: ed henry. duncan hunter and rudy -- you know rudy from the movie. bp engineers use underwater robots, so they can keep watch over operations below the sea, even from thousands of feet above. because safety is never being satisfied. and always working to be better.

♪

>> i'm keeping another promise to the american people. by nominating judge neil. >> i pledge if i'm confirmed, i will do all of my powers commit be a faithful server of the constitutional laws to this great country. >> it's a very hostile appointment. if you drink water, eat food, take medicine, this is a very bad decision. >> it seems as though the democrats are fighting everything tooth and nail, especially on the nomination process. >> i don't think we should respond in a tit for tat way and refuse to participate or corporate or hold a hearing

for judge. >> the committee hearing is delayed today. >> i'm very disappointed in this. >> preventing terrorists from entering our country, we can stop terror attacks from striking the homeland. we cannot gamble with american lives. steve: i can't tell you the number of newspapers and tv outlets i heard them refer to this as a muslim ban. if you look at the order, they're going to say read the order. president obama picked the seven nations in question here. and let's be clear, folks. this is trying to prevent violent extremists. terrorists from coming here. >> may god bless you. may god bless our glorious nation. brian: 8:00 was your prime time programming, all networks today it and analyzed it afterwards. and it was brilliant choreography from a man who knows how to build up drama and interest. and he didn't stop there. believe it or not, donald

trump tweeted this morning. ainsley: that's right the other drama. not only n nominee, there was a lot whether or not it was a ban, a pause, sean spicer said it is not a ban, it is a pause. the president just tweeted this morning. everybody is argues whether or not it is a ban. call it what you want. it is about keeping bad people with bad intentions out of our country. steve: a good person with good intentions is ed henry who joins us from our nation's capitol. ed, good morning to you. >> good to see you. steve: okay. so yesterday, you turn on cable news, the other channels were all about semantics. >> sure. steve: ultimately it's extreme vetting but because sean spicer used ban at some point and the president tweeted out ban, everybody is, like, well, it's a ban. >> right. i think sean spicer has to stick to what the president is saying. if he's going to say it's a ban at a podium or forum when the president of the united states isn't saying it's a ban.

it was a good day for donald trump on two fronts. first of all, when you have secretary of kelly come out as the secretary of homeland security after largely the mainstream media have been saying in private kelly was furious, he was mad at the white house, he was mad at the loop, they were using every term, every phrase to say kelly knew nothing about this executive order on extreme vetting when, in fact, kelly said the most remarkable thing. he said you know when i first learned about this executive order? i think about two years ago at the beginning of the campaign when donald trump said he was going to do it, and he did it. that shut down a lot of that criticism. and then, you know, he also promised he was going to pick a conservative for the court, and he did that too. steve: yeah, hopefully a lot of people are getting the understanding that after launched, things clicked in. over 1,100 people admitted, now those translators that helped our troupes in iraq and libya.

and we'll find out what extreme vetting means over the next 90 days. but what about last night donald trump walked down that hallway and then said this. >> this may be the most transparent judicial selection process in history. months ago as a candidate, i publicly presented a list of brilliant and accomplished people to the american electorate and pledged to make my choice from among that list. millions of voters said this was the single most important issue to them when they voted for me for president. i am a man of my word. i will do as i say. something that the american people have been asking for from washington for a very, very long time. steve: okay. so, ed, that's the president's pick. the big question is how many democrats are going to say you know what?

that's the guy he wants. let's say "yes." >> you know what, guys? i think democrats should follow the lead of nancy pelosi and pass this nomination -- pass the nomination so they can learn what's in his opinions. i mean, if you apply her philosophy to the health care bill. remember, in the obamacare days, it's, like, let's ram this through, and we'll figure out what's in it later. wait a second. now they want to stop everything in the president's agenda number one. number two, right out of the box you had chuck schumer, the senate leader suggesting a filibuster. wait a minute democrats have to make a decision. do they go scorched earth on the first one or wait on the second one? because the inside game in washington is it's not really about this pick, it's about donald trump's next pick. which is if justice kennedy steps down and before this presidential campaign back in about 2015, he had told friends that he was likely to step down if a republican won the race. a republican has won. the caveat is that donald trump is not a conventional republican.

so does justice kennedy feel like he can step down and feel comfortable with who donald trump is going to pick? with neil who clerked for anthony kennedy, i think a signal was sent last night, look, he's going to kick the court very seriously. if you have him get through and be confirmed and replace scalia, that's a conservative for conservative. the way people are looking at the next fight is if kennedy steps down in the months ahead, justice kennedy, then all of a sudden somebody who supported same-sex marriage and been very much in the middle, a so-called kennedy court, then you shift it right if you add a conservative second time. so the bottom sideline do they go scorched earth now and lose? and then what do they have for the second fight? they have to make a decision. steve: more scorched earth. ainsley: you mention nancy pelosi, she was on another network yesterday basically giving the reasons why she's not supporting. and she says if you're

breathing, you shouldn't support him. >> has come down against employers, employees rights, clean air, clean water, food safety and medicine, if you care about that for your children, he's not your guy. a very hostile appointment. lovely family, i'm sure. but for your family is concerned, if you breathe air, drink water, eat food, take medicine or in any other way interact with the courts, this is a very bad decision. steve: i think she covered all the bases. against everything. >> yeah. great guy, great family, but he wants to poison your family. nancy pelosi can say what she wants. she doesn't have a vote here. she's not in the senate. so this is something that happens in the senate. she's going to make noise. i have a list in my hand. this is the key. ten democrats up for election in 2018 from states that

donald trump carried. and in some of these cases not by a little but by a lot. these are senators in wisconsin, ohio, north dakota, west virginia, mansion who you mentioned, missouri, montana, and michigan. very liberal, she's someone likely to support a schumer filibuster against this court pick but guess what? donald trump shocked the world and won michigan. if he's creating jobs and keeping the automakers happy like he's been talking about in the past 10 or 11 days, is he really going to defy the president? >> and if you can get 4% growth out of this economy, that's all people say they want two years from now. >> and i looked at your résume, you used to be a white house correspondent and sit in that room and ask questions of the president press secretary. and now for the first time for those who can't make it to washington will have a plan b, which is skype. so there's going to be skype seats in today's press briefing. >> yeah. i think there are

traditionallies getting upset about this, like, this is opening doors to these talk show hosts. who cares. the more the merrier. i think they get a variety of questions, especially from out in the heartland. some of them are going to be more conservative if their radio talk show hosts. fine. mix it up. i think it will be a mistake if sean spicer uses these folks via skype to get out of the tough question from the front row from john roberts and others. i think he has to make sure it's part of the mix. and, by the way, i spent ten years as a white house correspondent at two different networks. if i knew i could have skyped the questions in, it would have been -- why didn't they do had? why was it when i needed him? ainsley: you could have been in your pajamas and done it from here. here are the rules, four people have these skype seats. they have to live more than 50 miles away from dc, so it wouldn't have worked for you, ed. >> yeah. i live within 50. but here's the bottom line. it shouldn't be the same washington insiders asking the

question, so this is a smart move by sean spicer. steve: kind of draining the tv swamp. before you go in watching sean spicer yesterday and sparring at times with the hostile press, have you ever seen it like that where the room temperature is way up here? >> you know, i remember a lot of days where i felt -- i kept looking around, like, is anybody else going to follow up on this because the democratic white house always didn't get press this hard. all of a sudden it seems there are people in five, six, seven different rows asking tough questions. i think we should do that of both parties. but it's interesting to me now it feels like a firestorm. i don't know what changed in november but something happened. steve: i do. the political party in charge at the white house. that's what changed. brian: all right. ed, try to stay busy the rest of the way. >> i will. steve: it is 8:10 now here in new york city. ainsley: let's head over to heather. >> yeah. we have breaking news coming out of washington right now. general mattis, the new secretary of defense boarding a plane for asia this

morning. it's his first overseas trip as secretary of defense and the first for anyone in the trump administration. secretary mattis plans on reassuring our allies in south korea and also japan that we have their backs. guaranteeing the commitment to end north korea threats as kim jong-un plans a nuclear program. and the transpacific partnership as he leaves air force base this morning. well, just a few hours from now, rex tillerson set to be confirmed our secretary of state. but democrats all out of assault to delay the other cabinet picks. the epa nominee scott and vpa, a senate committee will try once again to vote on jeff sessions. democrats boycotted yesterday's vote and blocked votes on tom price and steve mnuchin and now secretary.

and the huge break down that took place in yemen where american hero, 36-year-old chief petty officer gave his life. what they now describe as a treasure trove of vital intelligence from that raid. this as the u.s. intensifies assault on al-qaeda and arabian peninsula. it will be used to stop future attacks. the collected take down of all the stuff they got in the osama bin laden riyadh. good information coming out of there, hopefully we can use it for other attacks. steve: hope so. brian: all right. 12 minutes after the hour. more on our top story. president trump's supreme court pick and follow-up tweet. do republicans need to go newark? we're going to ask senator ted cruz. he's live with us straight ahead. ainsley: and some speaking out about president trump's immigration order saying it hurts the military.

ainsley: congressman dunkin hunter, his deal is to the president is to let interpreters. brian: let them come. ainsley: his message. next.

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i mwell, what are youe to take care odoing 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.

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now, it's congress' turn. tell them to protect medicare. steve: sounding off against president trump's immigration order, they hope it worries the heroes, keeping them alive. >> we're americans. we're the good guys. good guys are supposed to keep their promises; right? well, we made a promise to these people in exchange for that service. steve: transferring now to somebody who agrees with that person, congressman dunkin hunter served in afghanistan. he's joining us live. you're calling for military interpreters and people who helped us in iraq and afghanistan to wind up with

wavers, along with green card holders to come to the united states; right? >> yeah. and we've been working this eight years. we've been trying to get the iraqi interpreters and the afghan interpreters, frankly, the people who helped us on the green, the people whose lives are at risk, frankly, because the bad guys know that they helped us. we've been trying to get them to the front of the line for eight years. so i totally agree with trump's executive order but there should be a few exceptions and the iraqi interpreters have helped our american forces on the ground and still helping them, those guys should be an exception to his rule. ainsley: if they all want to come here to the u.s.? >> yeah. quite a few do because they're targeted and the bad guys know they're targeted. they have to move their families out into india and turkey and other places so that they're not targeted and you have quite a few families here waiting for their interpreter spouses coming over or you have the interpreters waiting for their families over and with barack obama, they were at the back of the line.

let's put them at the front of the line, help them out, do the right thing, but still follow trump's executive order. steve: yeah, that's one of the great things julian did. a lot of people would feel on the spot. but having said that, i spoke to johnny walker, he was the personal interpreter for chris kyle. it still took him five years to get here. so this isn't really a donald trump problem. do you foresee general mattis' defense, do you see that being easy, or do you have to go the state department way? >> i know johnny walker too in san diego where the seals are, he's well-known with the seals in san diego. great guy. i think under mattis under this administration, they're going to make a right decision on this. it's just going to take a little bit. steve: so, in other words, you're 100% behind this particular travel temporary pause, but you say, you know, there were some unforeseen bumps along the way they have to work out. >> yeah. totally. and that should be expected,

is and i understand that and i don't cast anything on the executive order. i think it was the right thing to do. he said he would do it in his campaign, there were just a few snafus to work out. brian: and that's one of them. where's the legitimacy, dunkin? >> where's what legitimacy? brian: where is this at? ainsley: have you talked to donald trump? this used to be an executive order. this needs to work in the way this stuff filters down through the department of defense and homeland security. steve: so that could be done in just a couple of days. let's see what happens. dunkin hunter, we thank you very much for joining us from statue aware hall. ainsley: do you remember this? is this working? is the so you understood working? shall we sing this land is your land until we get the land working? ainsley: you didn't hear it all yesterday, well, you haven't heard what she said after that, and she probably wished she hadn't said or at least not with a hot mic on.

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brian: all right. a big dream will bring tears to your eyes if it hasn't already. ♪ ♪

♪ brian: and now the real rudy, motivational speaker and former notre dame football popularity joins us live. rudy, great to see you. >> you too, brian. i can't see you, but you look great. brian: thank you. you're going on steve's word, so that's fantastic. rudy, first off, before we talk about the items that you have up for auction for a great cause, i want to talk about what's going on with this professor. there's a professor out there who says it is more important -- it is more un-american to hear -- in fact, i'll read the quote. tom brady's trump endorsement, however, has been largely ignored as compared to colin kaepernick taking the knee. in fact, supporting donald trump as president of the united states is far more threatening than america -- to america than colli colin kaepernick taking a knee during the national anthem. wait a second a great quarterback likes the president and that's more insulting than colin

kaepernick taking a knee during our national anthem? is that how you see it? >> no. you know, look at the underdog america has built from the underdog status in the fibers in fighting for the dream. he's going against the fight for the dream, the underdog. that's who tom brady is. he is the underdog. he likes that edge. you know, he didn't do -- he didn't say it because he's the elite. he is the underdog, and i think that's being voiced. and as far as the other subject goes, you don't vote your opinion using national football league as your platform. brian: absolutely and, by the way, he happens to be a sixth-round draft pick and ends up being the greatest quarterbacks of all time. let's talk about hunt auctions and nfl auctions are joining up to do for the super bowl for the first time ever. they're going to give people an opportunity to have a piece of memorabilia that will never be replaced. for example, brett favre's

personal collection is now up there for auction as is rudy iconic notre dame item such as your helmet as well as your jersey? is this true? >> yes. yes. the jersey the actual jersey worn in the game right here. i didn't have the name on the jersey and then the manager, god love him, put the name on the jersey and presented this jersey to me after the season and my helmet. and i thought that was very noble. and that shows you how much they appreciated the underdog at the time in notre dame. brian: and you're doing this for your grandkids and the legacy. you thought this would be a good thing to -- and also for your foundation; correct? >> absolutely. it's all going. some is going to nfl auction, so we're really excited about giving back. we're really excited about people participating and something that they believe in something that's real, something that they can identify with, and i -- yesterday i'm sitting down and lance johnson comes up to me

and tells me how the movie changed his life. he's a four time super bowl winner and dan reed showed him the movie before the super bowl in 1996. that's how much this movie means. brian: and, rudy, it was hard for you to get in the lineup, we know that and hard to sell the movie. but now you're a motivational speaker. the auction begins at 11:00 on saturday. other items there this guy named brett favre, he has some items there that are for sale. >> he's got his jersey and there's a football too of brett here that he signed. there he goes. yeah, you like that? hey, steve throw it to steve. there you go. but. brian: earlier can't -- he has his hands up. go ahead, rudy, throw it. >> there you go. you got it? brian: it was fake. sorry, steve.

in rehearsal, it worked out. you have your 1996 award as well? jim thorpe award? many of brett favre's jerseys that he wore in games, and i think it's really nice that he's doing that too. great guy, by the way, and we met some great people here, and i'm so excited i'm at the super bowl. brian: hey, we're going to be down there too. go to hunt auctions.com. rudy, real quick. you're a motivational speaker. the president of the united states meeting with small business leaders yesterday said the american dream is back again. what do you have to motivate america? >> hey, love the fact that you can have another second chance. i love it. go for it. brian: all right. thanks a lot, rudy. thank you very much. >> god bless you. brian: go to the auctions. will republicans need to go

nuclear to squash the opposition to president trump's supreme court pick? we're going to ask ted cruz that and hopefully he'll answer. and do you know someone's who's pregnant? do not call her a mother to be. that's offensive. that's the latest pc insanity that's coming your way.

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>> well, i think you call it an old-fashioned hissy fit. steve: you have senator of the great state of texas talk about how the democrats didn't even show up for a couple of hearings yesterday for the department of health and human services and also the secretary of treasury because you couldn't vote because you need at least one democrat in the room. brian: i don't care how you

slice it, it hurts the country. you cannot have a administration working without any cabinet secretaries, and we have very few. ainsley: let's bring in senator ted cruz to talk about this and find on you the what it's going to take for the republicans to get donald trump's picks through. what will happen? >> well, i think last night's announcement was a major moment in our country. it was the most important moment in the first two weeks of our presidency. president trump announced judge neil gorsuch to be his supreme court nominee and judge gorsuch who has built a reputation, a proven record on the court of appeals for a decade of being a principle constitutionalist judge, of taking a humble approach to being a judge and simply following the law. following the constitution, upholding the bill of rights, and critically not trying to impose his own policy preferences on anyone. >> right. >> but rather leaving elected by the people. i think that's what voters want, and i think that's what

this decision is going to be now. brian: but, senator, you're acting like you're in college. this is congress. they don't care about anything you just said. it's all personal and political. having said that, are you concerned about the future of this process if the republicans are forced to go with the just the majority that nuclear option? does that concern you as someone who understands the history of the courts? >> you know, i promise you i'm not still in college. if i was, i would be in flip-flops and shorts and throwing a friday frisbee. unfortunately, i'm in washington d.c. with a suit and tie, so there is a difference. but i don't think we should be nearly as cynical about this. you're right. i was talking substance, and we could be just talking the political gamesmanship in washington. but i think voters care about substance. this was a remarkable election in that justice scalia passed away in the middle of a presidential election. and this election was a very real sense a referendum on

this seat. and one of the real virtues of the republican majority saying we're not going to fill this seat during a presidential election year, we're going to hold it for the people to decide. >> right. >> do the american people have to make a choice? do you want a constitutionalist, which is what donald trump promised? or do you want a liberal activist, which is what hillary promised? and i think the american people made that decision on election day, and i think there's a mandate coming out of the election. and let me say president trump last night fulfilled the promise he made on the campaign to put principle constitutionalist on the supreme court. steve: i'm glad you gave the context for the nomination of neil -- of rather garland because democrats esteem that you never brought him up for a vote or had a hearing. at the same time you have potus on scotus yesterday. but you also have unfilled secretaries for the cabinet. and the boycotts and stuff

like that, your colleague, hatch great senator from the great state of utah said regarding the democrats they ought to stop posturing and acting like idiots. i'm disappointed in this kind of crap. this is the most pathetic thing i've seen in my whole life in the u.s. senate. senator ted cruz, what is going on in the u.s. senate? >> and let me say for hatch, he's a pretty understated guy. that is the equivalent of bobby knight throwing a chair into the center of the basketball court. that is a profanity-written explosion from hatch. look, i think it's the frustration because what the democrats are doing, they're angry, they're in denial, and they're just, you know, they're just saying we're going to take our ball and go home. and they're angry really at the american people. they don't believe the election results. it's part of actually, you know, all this talk about russian hacking. i'll tell you who the focus on

that has hurt the most has been actually the democratic party because it lets them all make an excuse. oh, it wasn't the american people rejecting our failed policy. it wasn't obamacare. it wasn't liberal judges. it wasn't the disaster of ignoring radical islamic terrorism, it must have been just been the russians that stole the election, but we really won. that's what's leading to democrats, you know, i've joked they're suffering from trump derangement syndrome where they're just unhinged. and we need to get about the business of answering the mandate of this last ele of turning things around, bringing back jobs and economic growth and protecting this country. that's what the president's doing, and that's what the senate and house majorities are doing, and i hope the democrats decide to be a part of that, a part of turning this country around. ainsley: well, you have chuck schumer who's crying, you have hollywood, you have these eliteests all saying president trump and other senators that are on the right calling you cruel for this pause of the refugee travel ban saying that

we have a more -- steve: not a ban. ainsley: travel pause. steve: pause. ainsley: have a moral obligation to open our borders to everyone. what are your thoughts? >> look, there's a technical term for that. that's called nuts. we are facing a real threat. radical islamic terrorism, jihadism is a political and religious philosophy that mandates that you murder or forcibly anyone who does not share your radicallist views. for eight years, the administration was willfully blind. wouldn't say the words, wouldn't combat it. you look at refugee programs. they have used refugee programs in the past to smuggle in terrorists. isis stated they want to continue doing so. you look at the paris bombers who came in using the refugee program. there have been some 40 people who have come into the united states using refugee programs who have been convicted or implicated in acts of terrorism. and what president trump did

was a very common sense step of putting in place a four-month pause to say we're going to hold off on letting refugees in until we can be certain that we can vet them that they're not terrorists. james comey, the head of the fbi appointed by barack obama told congress that they can't vet these refugees. and the democrats light their hair on fire, how dare you not let in refugees who the fbi can't tell us if they're terrorists or not. the overwhelming majority of the american people get it that the president's job is to keep us safe, and i'm glad he's doing that. brian: general kelly really went a long way to explain the whole program and have that quality about him. real quick. how is the basketball game going? shirts and skins? are you guys every day picking sides? >> i promise you one of the worst things you would want to see is shirts and game involving senators. that's not an image anyone wants seared on their mind. we play about once a week.

we're playing this afternoon. it's half court. we get in there and bang a little bit and have some fun. and it's a good way to work out some tension and enjoy ourselves. steve: all right. well, i know the former president of the united states who plays a lot of basketball has nothing to do across town. >> i'm told he has real game. i'm told he can dunk. and i've joked the one colleague of mine when i haven't invited to the game is john soon and it's because i don't want to get dunked on by one of my colleagues. he's a great guy. but if he did a 360 dunk on me, that's not something i want to experience. steve: not going to help the self esteem. that's what it's about. ted cruz, thank you approach joining us live. >> thank you. steve: great interview. meanwhile just minutes after president trump announces his pick for the supreme court, that happened. >> if you breathe air, drink water, eat food, or any other interact with the courts, this is a very bad decision.

steve: yeah, the new guy is against all of that. what? resident supreme court expert is live next to break down the quick nomination and the resistance and the possible nuclear option. why do some cash back cards make earning bonus cash back so complicated? they limit where you can earn bonus cash back to a few places... ...and those places keep changing every few months. the quicksilver card from capital one doesn't do any of that. with quicksilver you earn unlimited 1.5% cash back on every purchase, everywhere. leave complicated behind. what's in your wallet?

our powerful relief now in pill form. it's the one and only cold & flu caplet that has a maximum strength formula with a unique warming sensation you instantly feel. power through with theraflu expressmax caplets. steve: well, the potus pick for scotus could lead the nation's highest court to a new conservative era. ainsley: but not without a fierce battle for democrats who are vowing to fight at all costs. brian: fox news chief general,

also cohost of america's newsroom, but she will not go indoors. we don't know why. i think we know why, shannon, you've been busy, so very busy. what do we know now that we didn't know last hour when you made the announcement? >> well, first of all, i didn't know that i was a chief justice. i'm going to have to tell john roberts inside. but i think we're seeing more and more of judge gorsuch's writing, we're hearing more personal stories from people. he's apparently we knew a big fly fisherman, a fisher, but he loves to ski, he apparently loves major league baseball too. brian: does he ever work? >> yes. i noted this morning that he was very busy with other things, about her has busy on the bench for ten years, and that leaves a big paper trail. the democrats are picking through, they said they didn't like this guy before they even had the name. he wrote a very interesting book on assisted suicide back in 2009. so there's a lot to go through in his record but people just

continue to sing his praises and say this is going to be a tough one for democrats to pick apart. steve: last night the president kind of touched on this. this guy is an intellectual all-star and bar none he went to columbia, he went tore harvard, he went to oxford, he could have worked for any law firm in the world and made a lot of money but instead he chose public service. why? >> you know, he did work in private practice, he has a very good track record for the people we worked in washington. much like justice scalia did. he told the story how he was out skiing, and he heard of justice scalia's death, and it was tough for him to get down the mountain because he was tearing up. and now in some ways he's going to try to pick up the mantle, but i think knowing what we know about him, he doesn't want to have a direct comparison because he has such

highest e-mail for justice klee. but this is a guy who has deep conservative roots. he actually started this student newspaper called the fed, and it was to push back against all the liberals and pc culture on campus. he is somebody who conservatives can feel comfortable with. but for those who want another justice scalia, he's great. for those who don't, he's kind of their worst nightmare. ainsley: you're going to be on newsroom coming up. america's newsroom. what's coming up on your show, shannon? >> we're going to talk about this and get a little bit of the inside scoop how all of this went down, how guj gorsuch got picked, we're going to talk about the middle of the saddle with him and of course there are big confirmation votes going on today as well. brian: it seems like you have it covered, so give him something to do. >> that guy does all the heavy lifting; right? steve: yep. ainsley: some big things coming up in the supreme court.

so hopefully they'll confirm him within the next few months. steve: the hope is to have it done by april 8th before the recess. brian: exactly. which means it probably won't happen. meanwhile coming up straight ahead apparently college kids don't like illegal immigration. they love it. >> how do you guys feel about the movement? >> well, it's a good thing. i think it's necessary. >> every campus should have something like that because i'm personally against trump. brian: but do they even know what they're talking about? tommy lauren joins us next to discuss.

steve: well, every time that tommy posts something online, it goes viral and seen by millions of people and, look, she's joining us from dallas today. >> good morning. good morning, guys, how is it going? brian: good. you don't shy away from controversial topics, so i'll bring up something. one of the worst things happened in the nfl this year is colin kaepernick taking a knee, sadly started a league-wide epidemic but, however, there is a senator saying what tom brady is doing being a friend with the current president is worse. quote brady's endorsement has been largely ignored when, in fact, supporting the president of the united states is far more worse for america than taking a knee like kaepernick. what's your reaction to that? >> i just love when the left tells folks who people can and can't be friends with. who they like to dictate who

tom brady can and can't be friends with and how they compare that to somebody kneeling and disrespecting the nation. but what you know? this is what happens on liberal college campuses, this is what happens on the hard left and how they dictate the conversation and the narrative. brian: so that you knew it's interesting you talk about college campuses. we have a montage of these college students who is they want more illegal immigrants on their campuses. listen to this. >> how do you guys feel about the movement? >> well, it's a good thing. >> i think it's necessary. >> every campus should have something like that because i'm personally against trump. >> i think it's a good idea. >> yeah. i'm totally for it. >> i think that is an incredible idea. >> for someone like trump who is a demagogue to come and sit in the highest office of the land and to tell people that he's going to deport him just because he can or that they might be some sort of threat, i think it's absolutely ridiculous. ainsley: what's your reaction? >> i mean, that last comment. to think that president trump

is going to deport people just because he can. it's called the law. it's called enforcing immigration. and the fact that they want more undocumented let's call it what it is illegal immigrant on their college camps, again, just a testament to the sad state of our college campuses around the country and something we need to continue to fight back against. but don't forget. are these also the same individuals who are triggered. they needed a safe space after trump 2016 sidewalk chalk around their campuses so, again, not surprising at all. steve: sure. you're outside the beltway. right now you're in the metroplex, dallas fort worth. what do you think is going on in washington d.c. where the democrats and the mainstream media are doing everything in their power to delegitimatize donald trump? >> well, you know, i think it's going to be a situation with the boy who cried wolf because you can't protest everything. steve: oh, they're trying. >> and then expect that they believe you have a cause. they protest when he was

president, they protested his inauguration, and they protested every single thing he's done every single day since he was inaugurated. so, again, they're kind of delegitimatizing themselves at this point. ainsley: that's why chuck schumer was in support of the judge, judge gorsuch, he was in support of him in 2006. but now he's not in support of him. so which is it? >> well, of course he's not. it's just whatever way the wind blows, and they have to be against donald trump in the long-term. the american people spoke and that's why republicans have control of the white house and both houses of congress. but you know what? they can keep talking and whining because clearly it's working for them with that electoral map. steve: well, she's the host of tommy on the blaze. tommy, thank you so much. >> thank you. steve: we're going to step aside. more fox and friends in two minutes. hello, i'm an idaho potato farmer and i finally found our big idaho potato truck.

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>> after the tv run to the radio 9:00 to noon. we'll have ari fleischer among our guests. >> paul ryan tomorrow. see you then. >> bill: good morning. president trump has made his choice. now the war over the next supreme court justice begins. republicans say neil gorsuch is a home run. democrats disagree and say they're ready for the battle on the hill as we say good morning. big night last night. bill hemmer live in new york. shannon. good morning to you. what an interesting evening you had. how are you doing? >> shannon: i am great. the protestors are gone now. it is a quiet day this morning at the supreme court. judge neil gorsuch will begin to make his case to sit in the building behind me when he heads across the street to capitol hill in the next hour. president trump praising his nominee as a judge with a conservative pedigree