go live in the morning. >> look out, texas, we're coming. patriots and falcons. >> great game. you'll see us there tomorrow and dr. phil today. >> big show tonight for dr. phil. >> bill: president donald trump upholding a tradition that goes back to president dwight eisenhower. he is about to speak at the national prayer breakfast. empty podium for the moment. they're all in the room. there was a lot of news from just the past 12 hours including this. the trump administration officially putting iran on notice over its banned missile test. there is a lot going on. good morning here. back in new york. great job there in d.c. >> shannon: thank you so much. glad to be back inside. nice and warm with you, bill hemmer. i'm shannon bream in for martha maccallum. the white house getting tough with tehran. michael flynn calling out iran

for repeated missile tests that they say violating u.n. resolutions and saying they will no longer be tolerated. president trump weighing in this morning adding iran has been put on notice for firing a ballistic missile. should have been thankful for the terrible deal the u.s. made with them. chief white house correspondent john roberts joins us live. john, president with tough words for iran this morning. >> good morning. yes, the president unleashing one of his famous tweet storms on iran last night and this morning. you mentioned that one tweet. another one he sent out this morning saying iran was on its last legs and ready to collapse until the u.s. came along and gave it a lifeline in the form of the iran deal $150 billion. also tweeting out last night iran is rapidly taking over more and more of iraq even after the u.s. has squandered three trillion dollars there. the president will respond to the missile launch over the weekend.

nor to the attack by houthi rebels on a saudi military ship but we are told by administration officials they will respond appropriately. a large number of options are on the table, we're told. from financial and economic sanctions to support for iran's opponentents. no word, though, on whether u.s. military action is on the table. but these senior sources were quick to point out that the u.s. does not want to act prematurely and provoke a negative response. the white house wanted the message to come directly from 1600 pennsylvania avenue to iran and not to come through channels in the state department. that was a reflection these white house officials said of the importance of this to the president. hoping that iran will, quote, heed this notice and change its ways. shannon. >> shannon: what more do we know about that phone call with australia's prime minister getting a lot of attention. >> this was with the australian prime minister happening over

the weekend. 25 minutes long. originally scheduled to last an hour. i'm told by an administration source it was a frank phone call. central issue 1250 refugees in detention camps offshore being run by australia. a deal cut back in november by the obama administration for the united states to take those refugees. president trump not exactly happy about that deal. tweeting out this morning, quote, do you believe it? the obama administration agreed to take thousands of illegal immigrants from australia. why? i will study this dumb deal. kellyanne conway said this morning on "fox & friends" people should expect he will act in the best interest of the united states. >> anybody who just discovered that president trump is a resolute, decisive man who doesn't mince word putting america first is waking up, i think, out of a cave. >> this morning even though the president is not happy with

this deal, he is not going to cancel it wholesale because of the close, longstanding and traditional relationship the united states has with australia but he wants to take a hard look at it an pledging if any refugees are accepted to the united states from these offshore detention camps they'll go through a rigorous vetting process before they set foot on american soil. >> shannon: thank you, john. >> bill: before we get back to the prayer breakfast i want to bring this to you. violence erupting on the campus of u.c. berkeley. watch what happened here. they took damage to just about anything they could find. 150 -- people smashing windows, setting fire to the campus bookstore. rioters through rocks and fireworks at officers. there was a trump supporter

being interviewed and maced in the face. it all began with 1500 coming out in protest. apparently it was peaceful against milo yiannopoulos who was slated to speak on campus. that event eventually cancelled. the speaker calls this a new form of censorship. >> this happens everywhere you go. a new kind of censorship. a slippery tactic american colleges use they only level at speakers they don't like. >> bill: i dig it. okay. president trump also weighing in this morning on twitter when he said this. if you see berkeley does not allow free speech and practices violence on innocent people with a different point of view, no federal funds? you have that to consider this morning. right now we're awaiting that prayer breakfast. the introduction has become of president trump and we'll get there in a moment. before we do that byron york

with me. you can throw a dart at the number of topics this morning. australia, the conversations with the mexican president, on and on and on. chiefly the critical issue of the moment has to do with iran. this was, i think you could argue, somewhat unprecedented for general flynn to come into the briefing room yesterday and issue the warning he did. the question, i think, is why? what's the strategy? >> well, there has been a lot of questions on what does on notice mean. shouldn't they have been more precise. i think the bigger picture of the general's statement on iran is to inform iran and the world that this administration is going to do things differently from the last administration. general flynn mentioned the obama administration two or three times in his brief statement. the fact is, iran has done stuff like this for quite awhile and most of the time the obama administration did nothing. and flynn's message was that

stops now. we're going to do something. he didn't need to say well, we're going to pursue some sort of financial sanctions. we'll declare this or that a terrorist group, we're going to think about military action. he didn't need to be specific that way. so much as to simply say we're not going to ignore this going forward. >> bill: i think what should be pointed out apparently in the last hour president trump and the king of jordan had a pull aside at the prayer breakfast. countries like jordan might want a brushback for the iranian leadership now. they are likely not alone in that. so we'll see what the white house says about that conversation earlier today. with regard to australia, what do you believe the back story is here? what are we not hearing? >> first of all we're not hearing a lot of what's on the call. they're based on fragmentary leaks that may or may not reflect the entire character of the call.

the australian prime minister has spoken about it just a little bit in public. so you have to remember that. also there actually are differences between mexico and trump's call with the president of mexico and this call with australia. with australia they're about that refugee deal that john roberts discussed a few minutes ago. that being said, during the campaign donald trump said a lot that the united states needs to be tough with its enemies and close to its friends. if trump was indeed harsh with the prime minister of australia in this, seems pretty clear he needs to do something personally as the president of the united states to smooth things over. >> bill: he commented on twitter. do you believe it? the obama administration agreed to take thousands of illegal immigrants from australia. why? i will study this dumb deal. so we'll see where this deal goes. byron, thank you. we're awaiting president trump at the national prayer breakfast. want to bring back shannon back

in. this event has taken on historical importance when you consider perhaps president obama's statement about lest we get on our high horse and ben carson talking to obama. who knows what president trump will say when he gets to the microphone? >> shannon: he knows this is an audience that helped him win the white house because of their reliance that he would bring them the kind of person that they wanted to see on the supreme court. he promised them action on pro-life activities. they're expecting a lot from him. a friendly crowd. >> bill: how is the court? >> shannon: chilly but fun. it's a big day on "america's newsroom." democrats could get in the way of more presidential cabinet picks. live to capitol hill as the fight continues. >> bill: the president pushing

the nuclear option. his nominee judge neil gorsuch powerful lineup today. there is this. >> instead of being thankful to the united states in these agreements iran is feeling bold. today we're officially putting iran on notice. >> shannon: the trump administration pushing back on iran after tehran conducts another missile test. just ahead how the white house could take action. ♪

♪ that's life. >> bill: president trump, national prayer breakfast. [applause] >> thank you very much, thank you. [applause] >> thank you very much. it is a great honor to be here this morning and so many faith leaders, very, very important people to me from across our magnificent nation and so many leaders from all across the globe. today we continue a tradition begun by president eisenhower some 64 years ago.

this gathering is a testament to the power of faith and is one of the great customs of our nation. and i hope to be here seven more times with you. [applause] i want very much to thank our co-chairs senators bozeman and senator kuntz and all of the congressional leadership. they're all over the place. we have a lot of very distinguished guests and one guest just sworn in last night, rex tillerson, secretary of state. [applause] going to do a great job. some people didn't like rex because he actually got along with leaders of the world. they said no, you have to understand that's a good thing, not a bad thing. he respected all over the world and i think he will go down as

one of our great, great secretaries. we appreciate it. thank you. thank you, rex. [applause] thank you as well to senate chaplain barry black for his moving words. i don't know, chaplain, whether or not that's an appointed position? is that an appointed position? i don't know if you're democrat or republican but i appoint you for another year. and i think it's not even my appointment. it's the senate's appointment. we'll talk to them. your son is here. your job is very, very secure, okay? thank you, barry, appreciate it very much. i also want to thank my great friends, roma downey. she has the voice of an angel. everything is beautiful about roma, including her husband. he is a special, special friend, mark burnett for the

wonderful introduction. so true. i said to the agent, i'm sorry, the only thing wrong. i fired him myself. he said, you don't want to do it, it will never work, you don't want to do it. i said listen, but i really fired him after it became the number one show and so successful. he wanted a commission and he didn't want to do it. that's when i really said. but we had tremendous success on the apprentice and when i ran for president, i had to leave the show. that's when i knew for sure i was doing it. and they hired a g movie star, arnold schwarzenegger to take my place. and we know how that turned out. the ratings went right down the tubes. it has been a total disaster and mark will never, ever bet against trump again. i want to just pray for arnold, if we can for those ratings, okay? but we've had an amazing life

together the last 14, 15 years and an outstanding man. thank you very much for introducing me. i appreciate it. it is a great honor. [applause] i also want to thank my dear friend vice president mike pence, who has been incredible. [applause] and incredible wife, karen. and every time i was in a little trouble with something where they were questioning me, they would say but he picked mike pence. so he has to know what he is doing. [laughter] and it's true. he has been -- you know on the scale of 0 to 10 i rate him a 12. thank you very much, mike, appreciate it. but most importantly today i want to thank the american people. your faith and prayers have sustained me and inspired me

through some very, very tough times. all around america i have met amazing people whose words of worship and encouragement have been a constant source of strength. what i hear most often as i travel the country are five words that never, ever fail to touch my heart. that's, i am praying for you. i hear it so often. i am praying for you, mr. president. [applause] no one has inspired me more in my travels than the families of the united states military. men and women who have put their lives on the line every day for their country and their countrymen. i just came back yesterday from dover air force base to join the family of chief william

ryan owens as america's fallen hero was returned home. very, very sad, but very, very beautiful -- very, very beautiful. his family was there. incredible family, they loved him so much. so devastated. he was so devastated. but the ceremony was amazing. he died in defense of our nation. he gave his life in defense of our people. our debt to him and our debt to his family is eternal and everlasting. greater love hath no man than this, that a man lay down his life for his friends. we will never forget the men and women who wear the uniform, believe me. [applause]

from generation to generation their vigilance has kept our liberty alive. our freedom is won by their sacrifice and our security has been earned with their sweat and blood and tears. god has blessed this land to give us such incredible heroes and patriots. they are very, very special and we are going to take care of them. p [applause] our soldiers understand that what matters is not party or ideology or creed, but the bonds of loyalty that link us

all together as one. america is a nation of believers. in towns all across our land, it is plain to see what we easily forget, so easily we forget this. the quality of our lives is not defined by our material success, but by our spiritual success. i will tell you that. i tell you that from somebody that has had material success and knows tremendous numbers of people with great material success. the most material success. many of those people are very, very miserable, unhappy people. and i know a lot of people without that but they have great families, they have great faith, they don't have money, at least not nearly to the extent, and they are happy. those to me are the successful

people, i have to tell you. [applause] i was blessed to be raised in a churched home. my mother and father taught me that to whom much is given, much is expected. i was sworn in on the very bible from which my mother would teach us as young children. and that faith lives on in my heart every single day. the people in this room come from many, many backgrounds. you represent so many religions and so many views, but we are all united by our faith in our creator and our firm knowledge that we are all equal in his eyes. we are not just flesh and bone

and blood. we are human beings with souls. our republic was formed on the basis that freedom is not a gift from government, but that freedom is a gift from god. [applause] it was the great thomas jefferson who said the god who gave us life gave us liberty. jefferson asked, can the liberties of a nation be secure when we have removed a conviction that these liberties are the gift of god? among those freedoms is the right to worship according to our own beliefs. that is why i will get rid of and totally destroy the johnson amendment and allow our

representatives of faith to speak freely and without fear of retribution. i will do that, remember. [applause] freedom of religion is a sacred right. but it also is a right under threat all around us, and the world is under serious, serious threat in so many different ways. and i've never seen it so much and so openly as since i took the position of president. the world is in trouble, but we are going to straighten it out, okay? that's what i do. i fix things. we're going to straighten it out. believe me when you hear about the tough phone calls i'm having, don't worry about it. just don't worry about it. they're tough. we have to be tough.

it's time we have to be tough, folks. we're taken advantage of by every nation in the world, virtually. it is not going to happen anymore. it is not going to happen anymore. we have seen unimaginable violence carried out in the name of religion. acts of wanton slaughter against religious minorities. horrors of a scale that defy description. terrorism is a fundamental threat to religious freedom. it must be stopped and it will be stopped. may not be pretty for a little while. it will be stopped. we have seen -- [applause] and by the way, general, as you know, james mad dog, shouldn't say it in this room -- mattis. there is a reason they call him mad dog mattis. never lost a battle.

always wins them and always wins them fast. he is our new secretary of defense. we will be working with rex. he is in south korea, going to japan and going to some other spots. i tell you what, i've gotten to know him really well. he is the real deal. we have somebody who is the real deal working for us and that's what we need. so you watch. you just watch. [applause] things will be different. we have seen peace-loving muslim, brutalized and murdered and oppressed by isis killers. we have seen threats of extermination against the jewish people. we have seen a campaign of isis and genocide against christians where they cut off heads. not since the middle ages have we seen that. we haven't seen that. the cutting off of heads. now they cut off the heads,

they drown people in steel cages, haven't seen this, nobody has seen this for many, many years. all nations have a moral obligation to speak out against such violence. all nations have a duty to work together to confront it and to confront it viciously if we have to. so i want to express clearly today to the american people that my administration will do everything in its power to defend and protect religious liberty in our land. america must forever remain a tolerant society where all faiths are respected and where all of our citizens can feel safe and secure. we have to feel safe and secure. in recent days, we have begun to take necessary action to achieve that goal. our nation has the most generous immigration system in

the world. but these -- there are those that would exploit that generosity to undermine the values that we hold so dear. we need security. there are those who would seek to enter our country for the purpose of spreading violence or oppressing other people based upon their faith or their lifestyle. not right. we will not allow a beach head of intolerance to spread in our nation. you look all over the world and you see what's happening. so in the coming days we will develop a system to help insure that those admitted into our country fully embrace our values of religious and personal liberty. and that they reject any form of oppression and discrimination. we want people to come into our nation, but we want people to love us and to love our values.

not to hate us and to hate our values. we will be a safe country. we will be a free country, and we will be a country where all citizens can practice their beliefs without fear of hostility or fear of violence. america will flourish as long as our liberty and in particular our religious liberty is allowed to flourish. [applause] america will succeed as long as our most vulnerable citizens -- and we have some that are so vulnerable -- have a path to success. and america will thrive as long as we continue to have faith in each other and faith in god. [applause]

that faith in god has inspired men and women to sacrifice for the needy, to deploy to wars overseas and to lock arms at home to insure equal rights for every man, woman and child in our land. it is that faith that sent the pilgrims across the oceans, the pioneers across the plains and the young people all across america to chase their dreams. they are chasing their dreams. we are going to bring those dreams back. as long as we have god, we are never, ever alone. whether it's the soldier on the night watch or the parent on the night shift god will always give us solace, strength and comfort. we need to carry on and to keep

carrying on. for us here in washington, we must never, ever stop asking god for the wisdom to serve the public according to his will. that's why -- [applause] thank you. that's why president eisenhower and senator carlson had the wisdom to gather together 64 years ago to begin this truly great tradition. but that's not all they did together. let me tell you the rest of the story. just one year later senator carlson was among members of congress to send to the president's desk a joint resolution that added under god to our pledge of allegiance. it's a great thing. [applause]

because that's what we are and that is what we will always be. and that is what our people want. one beautiful nation under god. thank you, god bless you, and god bless america. thank you very much. thank you. [applause] >> bill: a couple of headlines from that. we have to feel safe and secure with regard to immigration. president trump, we want people to love our values and that pointed remark toward tend, we must always ask god for the wisdom to serve the public. we've got a lot of people waiting in the wings. before we get to orrin hatch, rex tillerson and others i want to bring in others watching. while the president was talking there he mentioned this. when you hear about the tough phone calls. don't worry about it. with regard to mexico and the prime minister from australia when the news broke overnight. also at the same time iran is saying that general flynn's remarks are repetitive,

baseless and provocative according to iranian state tv moments ago. ed, can you frame where we are and what we're witnessing from 30,000 feet? >> this is a very important speech. i thought the tone of the speech was great for that audience and for the constituency he did so well. evangelical christians. he has been tough the last couple of days. flynn is telling the iranian government the behavior of the past is over. we'll be very tough and deliberate in what we do. he reinforced that message today in a more gentle way but clearly this is a different kind of administration and a much tougher administration and no nonsense and it's almost like it is a crusade. we're doing it for the -- under god and -- >> bill: a crusade. doug, how do you say it? >> i believe it was an important addition. so long people are saying what holds this administration together? what are the underlying values?

today and just now the president told us. he said our commitment to faith, to god is what undergirds what we're doing. don't worry about each detail. though i will say the concern i think is very real, bill, as we sit here that we could be in a quick confrontation with iran, who are, after all, the proxies of the russians with their own provocative and assertive actions in eastern ukraine. what the president was saying is we are home, we are on it and we are committed to our core values, which is one nation under god. ed is right. a very good speech but bill, these problems are really unprecedented 10 days, 12 days into a new administration. >> bill: he with the king of jordan earlier today and they had a conversation. you know how things communicate and how they are communicated effectively. would you have put general flynn in the briefing room

yesterday? >> it's the first time i've seen that happen and been around for 50 years. i think the critical thing is i would advise when the president sends a tough message he needs to send it one-on-one and not through a messenger or i don't think he should do it by phone. i think the phone conversations sometimes are misunderstood. i think the conversations yesterday with two important allies may have backfired a little bit. >> bill: thank you very much. we'll rely on you to reflect based on your experience and so much more. thank you fellows. shannon. >> shannon: all right. we are awaiting the secretary of state rex tillerson to address employees. in the meantime utah senator orrin hatch chairs the senate finance committee and sits on the judiciary committee. sir, you have a very full plate. thanks for making time for us this morning. >> good to be with you. >> shannon: i want to get your reaction, the back and forth with iran. we put them on notice today. they're saying the comments are repetitive.

baseless and provocative. your take. >> the president is right and it's time to start calling them on it and let them know he is not the pushover his predecessor was. and i can't think of a worse agreement than what was entered into between iran and the united states under the previous administration. it's just awful. >> shannon: in the meantime speaking of pushing back you had a bold move yesterday in the senate finance committee. the democrats decided not to show up and you decided to vote on two important nominees to head hhs and treasury department. the democrats are calling you out on that saying it broke with all decorum and rules. technically can these two nominees move forward under that criteria? does a democrat under rules of the senate committee have to be there for these votes to matter? >> the poor souls decided not to show up the day before, decided not to show up that day. we used the rules in an appropriate manner to put the two of them out onto the floor.

i presume the democrats will do everything they can to stop them from going through on the floor and it is really pathetic what they are doing here because we immediately helped president obama to have who he needed. president clinton to have who he needed within a relatively short period of time. 15 were chosen within a week of their -- president obama's people, within a week of the inauguration. yet here we are in the second week after the inauguration and they are still playing all these games with these nominees. and they are excellent nominees and they are coming up with phony arguments and everything else. now, we were prepared to sit and listen to them all day yesterday if necessary. they refused to even come. you can't let that go and you can't let them get away with that kind of crap. >> shannon: listen, when i heard you say the word crap yesterday and today -- those of us who know you, you are very

much a gentleman. those are fighting words coming from you. that is strong language from you. i want to read what one of your democratic colleagues had to say. he said in effect you are looking the other way in the face of strong evidence of serious ethical problems for two nominees. he calls it exceptionally troubling. he says there are still questions to be answered. is there more information that could be provided? is that a legitimate way to try to get it moving forward? >> we had extensive hearings on it. they could ask any question. i gave them all the time they needed. treated them very fairly. they raised all these questions and now they're trying to say some of the most picky things you've ever seen. they're trying to say we should have another hearing. give me a break. they would go on and on and on without getting anything done if they had their way. i won't permit that as chairman of the committee and i don't think they would permit it if we were doing the same thing. >> shannon: you will have a

vote again on the same nominees today. >> we aren't going to have a vote again on these nominees. they are on the floor. we'll have votes on the floor for them and they can express themselves at that time and whatever they want to say. look, i love my colleagues on the other side. no use kidding about it. i care for them. i care a great deal. they were out of line yesterday and they know it. that's the thing that kills me. they are still trying to make a case that they were proper and totally -- totally refusing to show up at the committee and do their work. well, i don't think they deserve the time of day on that. >> shannon: mr. chairman, you also serve on the senate judiciary committee. now we have neil gorsuch to fill the empty seat on the supreme court. he is starting the visits on capitol hill. do you think you'll get together enough democratic senators to get to the 60 vote

threshold without having to consider the nuclear option which would take the threshold down to 51 but forever change the rules of the senate or the protocol. >> we always did it for them. we always cooperated even though we didn't like their choices. i am hopeful they'll do it for judge gorsuch. you can't find a better qualified person for the supreme court than neil gorsuch. he is the top of the line and the 10th circuit court of appeals. we know him. honest, brilliant. he has all the capabilities that a justice should have and they ought to put him through as quickly as they can. >> shannon: we'll be watching. mr. chairman, thank you for your time. good to see you. >> bill: listening to the national prayer breakfast. it's time for amazing grace. that is a moment, shannon, right? >> shannon: literally and figuratively. >> bill: democrats say they're ready for a fight on the

supreme court. president trump says bring it on. >> if we end up with this gridlock. mitch, go nuclear. >> bill: is that next? donald trump won west virginia by 42 points. the democratic senator joe manchin will talk to us next live from the hill about where this battle goes next.

>> bill: moments ago donald trump finishing up at the prayer breakfast. we watched it live together. now we're waiting rex tillerson speaking with employees at the state department. you'll see that live in a moment as well and you just heard from republican senator orrin hatch. many senate democrats are digging in their heels already vowing a fight against the president's supreme court nominee. with republicans needing eight democrats to get to 60 votes and break a filibuster president trump sung he is not

against using the nuclear option. you only need 51 votes as a last resort. this is what he said. >> if we end up with the same gridlock that they've had in washington for the last longer than eight years in all fairness to president obama, a lot longer than eight years. if we end up with that gridlock i would say if you can, mitch, go nuclear. because that would be an absolute shame if a man of this quality was caught up in the web. >> bill: what will happen? joe manchin with us. how are you and good day. always good to have you on our program. we were talking during the break donald trump won west virginia by 40 plus points. i had it at 42. you said it was 43. >> close, a lot. >> bill: what is the level of pressure on you to not go along or agree, but perhaps to consider -- strongly consider any policy suggestion he gives in order to satisfy the folks

back home? where are you on that? >> i've been around west virginia for all my life. i was born and raised there in beautiful farmington, west virginia. people know me. i've been involved in public service since 1982, 35 years. and they've watched me over the years. they know i'm going to be very independent in my thought process and decision making. but i will make the decisions based on what i can explain back home. i've done that. the pressure doesn't bother me whatsoever. i will remind everybody mitt romney won west virginia in 2012 by 35 points and i was able to get reelected with 24, 25 points. >> bill: as a former governor you were popular, too and very effective as well. i think about you and joe donnelly in indiana and others, tester in montana and on the list goes. do you believe you can get 60 votes? >> i would hope so. let me just say this.

what harry reid did in pulling the nuclear option basically was wrong. i was against it. i begged him not to do it. i said don't do it. the institution of the united states senate is different than any other institution in the world and basically it is supposed to be the balancing act that brings people together and creates a bipartisan movement. if you don't have that atmosphere and break down that, then you basically have disintegrated what we are as the senate. how do you ever get a bipartisan agreement? the 60 rule is something we should strive and work hard to protect and all look very openly at president trump's nominee. the democrats, my democrat colleagues, a lot of my constituents feel strongly wait a minute, you had a most respected person in merrick garland. he couldn't even get meetings with republicans. the courtesy of a meeting let

alone a vote. i thought that was wrong also. but two wrongs don't make a right, bill. >> bill: now it's february of 2017 and i'm thinking 11 years ago this guy passed 95-0. >> correct. >> bill: not a single democrat opposed him, even schumer. schumer said judge gorsuch has sided with corporations over working people and most troubling an ideological approach that makes me skeptical he can be a strong, independent justice on the court, wow. let me just say this, bill. i don't know where this was in 2006. whether or not you think he is playing it straight. is he? >> let me say with judge gorsuch. i had a chance to meet with him. he came by the office late afternoon and happy to sit down with him and get to know him more. he is a strong, committed constitutionalist. i like that from this standpoint. i don't like judges that get on the bench and try to create and

write their own laws. they don't like what was voted on, they don't like what has come down. basically through the legislative process and they try to interpret differently. i don't believe that you will find that in judge gorsuch. i haven't seen that in any of his rulings that strong. i'm very favorable and looking at every option i can. i like what i see. we'll see where it goes if here. >> bill: is that a yes? >> let's see where it goes from here and see if we can get other people in making sure we vetted every process. so basically we just met him, okay? he seems like a very honorable, nice guy with impeccable credentials. for someone to say i don't know about this. i don't think i'll be there. i'm against him. that's wrong. so if any of my colleagues are making pre-determination without meeting him that's what happened to merrick garland. give him a chance. so that's where i am. i'll do everything i can to work with him.

>> bill: looking at the delays and sense of decorum and the stateliness of the senate is in free fall and we'll talk about that. the democratic senator joe manchin from west virginia on the hill. >> shannon: fox news just scored the first exclusive interview with new homeland security secretary john kelly. catherine herridge met with him. he set a bold deadline hoping the wall is done in two years. >> what message does the wall send to other countries? >> that america is protecting its citizens. >> shannon: catherine herridge is live near the u.s./mexico border in mission, texas, good morning, catherine. >> we're reporting live from one of the most heavily trafficked areas on the southwest borders. any given day border parole

agents pick up 600 people who enter the u.s. illegally. fox news traveled exclusively with homeland security secretary john kelly to witness the challenges firsthand. kelly said the wall will take a multi-layered approach. the physical wall and parts of the wall you can see through because it will rely on sensors and other technology. kelly also set an ambitious timeline. >> i think it will be built where it is needed most first and then filled in. that's how i'm looking at it. really hope to have it done within the next two years. >> he told fox news he believes they already have the authority to build the wall. they are just waiting for the money. he thinks that will come easily and expects construction could begin just within months, shannon. >> shannon: great interview. thank you so much. >> bill: that's another development. is that enough for you? >> shannon: a wall,

confirmations that aren't happening, fights. >> bill: rex tillerson coming up, too. you can see the hundreds of employees in the state department. he was at the prayer breakfast so he has to get across town. how far is that drive? >> shannon: not that far. none of the rest of us can move if you're in a motorcade. pretty quickly. >> bill: we'll carry that speech as he was approved just yesterday by the u.s. senate. that's live next in a moment here on "america's newsroom." at bp, we empower anyone to stop a job if something doesn't seem right, so everyone comes home safely. because safety is never being satisfied. and always working to be better.

>> shannon: we're now standing by live awaiting rex tillerson's first address at secretary of state. he was sworn in last night just after being confirmed by the senate. president trump says everything tillerson has done in his life has led up to this moment. >> this is where you were meant to be right here, today, at this crossroads in history.

it's time to bring a clear-eyed focus to foreign affairs, to take a fresh look at the world around us, and to seek new solutions grounded in very ancient truths. >> shannon: we're live from the state department with a preview of what he may say. do we know anything about his message to those tens of thousands of employees he will now oversee >> he will come to the state department. employees have been gathering here for the past hour. the hall is packed as it is every time a new secretary of state addresses employees in the state department in the washington, d.c. what we expect rex tillerson to say is to stress the importance of american foreign policy and diplomacy in dealing with national security. and also talk a little bit as you heard president trump discuss, his history.

he rose to chief executive officer of exxon and how to administer foreign policy at the department of state. we heard a number of democrats criticize he wouldn't be able to make the transition. the republicans say they saw it as an asset because of the number of world negotiations and leaders that he has spoken with over the last 10 or 15 years in leadership at exxonmobile. beyond that he has to address a number of employees reportedly in the hundreds who are already objecting to an executive order when it comes to halting immigration from several different predominantly muslim countries. on top of that we expect him to have to address who else is going to be working beneath him at the department of state. a number of top officials have been essentially let go by the

trump administration. resignations accepted by president trump with decades of institutional knowledge and you have a number of diplomats. this is what rex tillerson has ahead of him and a conversation, a discussion in his speech that he will have with the employees of this sprawling bureaucracy that will he now take over. >> shannon: he mentioned that dissenting memo. people know there is something called the dissent channel at the state department set up during the vietnam era. people who had criticism of decisions could do that and express it without getting into trouble. my understanding is that this memo that has come through has gone through that channel. so we're going to hear more about that. we understand we're getting very close, bill, to secretary tillerson actually getting out there and addressing the employees knowing he is walking into a situation where not everybody is on board. >> bill: some of the points

rich makes are relevant when you think about previous secretary of states and how they run the state department. john kerry spent his life on the road. hillary clinton did both. how will rex tillerson manage this large, government operation. we'll find out at the top of the hour. in decades, a talented workforce, and world-class innovations. like in plattsburgh, where the most advanced transportation is already en route. and in corning, where the future is materializing. let us help grow your company's tomorrow - today at esd.ny.gov

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aw man. hey, wait up. where you goin'? here we go again. >> shannon: we begin with a fox news alert. a lot of news breaking now. newly sworn in secretary of state rex tillerson about to speak to employees at the state department. as we're expecting new drama on capitol hill over president trump's nominees for his cabinet. another jam-packed day on "america's newsroom." i'm shannon bream in for martha maccallum. >> bill: i'm bill hemmer. a lot moving at this hour. seems to be the new american news pattern. senate committee voting on scott pruitt to lead the environmental protection agency. democrats say he is unfit because he sought to shut down the agency he may soon be leading. >> shannon: peter doocy is live

on capitol hill. give us an update. this thing changes minute by minute. where do we stand now? >> right now we're waiting to see if democratic senators show up. staffers we have spoken to say they hope democrats come today because when they didn't show up yesterday the environment and public works committee lacked the two members of the minority party they need to vote on things like an epa secretary nominee. they couldn't do it. even though republicans are arguing the president's pick scott pruitt has been subjected to historic levels of scrutiny. >> let's be clear. attorney general pruitt has answered more questions than any past epa administrator nominee in recent memory. he answered a total of more than 1,200 questions. he answered over 1,000 more questions than the epa administrator nominees for the incoming obama, bush and clinton administrations. >> now we're waiting to see if

republicans change the rules so they don't need any democrats to advance the epa pick here. that's what their colleagues did at the senate finance committee yesterday to advance the president's picks for treasury and hhs secretaries. democrats didn't show up. they made new rules. >> shannon: the question with that and if it happens today, why don't democrats show up and vote no and lodge their protest? >> in this case, the pattern generally has been the democrats are trying to slow things down as much as they can. in this case specifically senators on the left are arguing they don't think there will be much of an epa left if pruitt takes over. bernie sanders said i was glad to join the boycott of mr. pruitt's hearing. he is more interested in dismantling the epa than protecting the environment. the top democrat on this committee senator tom carper doesn't think mr. pruitt has

been forthcoming with some of the questions he has been asked during his confirmation hearings. we should know how it will shake out 15 minutes from now. will they show or not? >> bill: stand by on the tillerson speech. a violent protest from the campus of u.c. berkeley. there was a peaceful protest of 1500 people until anarchists showed up. the event was cancelled after this mob outside turned violent. >> we got into the building, started preparing for the show and people started arriving in black clothes and masks carrying concealed weapons and

things. things were thrown at the building. i was evacuated. >> bill: we're live in berkeley this morning 7:00 local time. claudia, what happened? >> you can see some of the damage here, bill. this gas-powered floodlight was torched, windows smashed. a lot of people are wondering how the birthplace of the free speech movement could be so intolerant to an invited guest. this mob last night through its actions said speech should not be protected when it comes from this conservative writer and speaker milo yiannopoulos from breitbart. it began as a peaceful demonstration by students but turned to a riot when anarchists attacked the venue hurling bricks and smoke bombs and using a metal barricade as a battering ram when police cancelled the thing and whisked

the guest speaker away. milo has been visiting campuses. he courts controversy where he goes. most on this campus don't agree with his far right views on women, islam and other issues but one woman who wanted to hear what he had to say was pepper sprayed. others were beaten. police were attacked and many said they were ashamed. >> if this was up to us everything would be peaceful and civil. but these people -- this is what they believe -- this is what tolerance is at u.c. berkeley. >> police say one person was arrested. the repercussions are reaching to the white house with president trump condemning the violence on twitter and bill, there will be a lot of soul searching today as administrators at u.c. berkeley work to fix the school's reputation as well as repair property.

>> bill: shannon has more on this. >> shannon: more on this for the senior editor for national review. jonah, you heard the college republican guy in the piece with claudia saying this is what tolerance looks like at u.c. berkeley where they have been so many fights for free speech for decades. do you think they see the irony? >> there is a lot of irony here. first of all, the whole notion that berkeley was ever a real home for free speech, the idea the free speech movement began there has always been a misnomer. actually the birth of the sort of delicate snowflake safe space left on college campuses where the students like little moms get to dictate to administrators how they'll live and what policies they'll live under. that's what the free speech movement at berkeley originally was in 1964. they had brilliant marketing by calling it a free speech

movement but it was a little authoritarian mob ideology that has spread to other campuses. >> shannon: it's interesting. we say free speech is not for speech that everybody finds happy, pleasant and wonderful. the supreme court favored 8-1 for the baptist church that have signs so bad we can't show them on tv. there is protection for things we don't like. that seems to be getting lost here. do you think it's truly people upset about what milo would have to say or are these people like we saw during the inauguration in washington who are anarchists to reach havoc and create instability? >> not to get too deep into batman movies. some people want to see the world burn. it's what a lot of these guys are -- milo feeds this and gets much more national exposure. he has a parasitic relationship with these mobs and delighted by all of it.

what i'm outraged by is first of all, one arrest? they should have -- there should have been paddy wagons full of people. when you break property and aim fireworks at police, they should all be arrested, zero tolerance. everyone says we need zero tolerance for this and that. how about zero tolerance for people with sledgehammers and destroying policy and person using the pepper spray should go to jail. >> shannon: we have video somebody who appeared to be a trump supporter being sprayed with mace, pepper spray or something and you would think that video would be enough to have an initial arrest or conversation with a law enforcement officer. one of the things that milo says in these situations and you talk about how he courts it. it works for him. it is good for his brand. what he says the left has essentially gotten to lazy they can't argue anything on content. and they've now resorted to bullying because they can't argue facts and content. do you think that's an accurate

description of where we are? >> i think that's true. i wrote a book called liberal fascism a decade ago. the best working definition of a fascist in america was a conservative winning argument. the way the left operates they try to shout down anybody who disagrees with them. the campuses are basically the soft totalitarian states where disagreement is heresy. by all means milo has every right to speak. he has free speech rights. they should have let him speak. the far smarter strategy would be to ignore these things. the clamp down on free speech that is more troubling is when they block people like condoleezza rice from being able to give a speech. the whole point to protecting outrageous speech it keeps the zone of speech -- free speech for reasonable important speech safer. and the way they do this kind of stuff is so counterproductive and feeds into the worst impulses on both

the right and the left. and i think berkeley and the administration of berkeley should be ashamed of itself. >> shannon: the president said if they can't allow free speech and violence against innocent people he questions whether they should receive federal funds. that's another part of the conversation we don't have time for today but great to see you. >> bill: the oakland police have been watching this group called black bloc. 150 agitators that showed up in masks causing trouble in oakland for some time. when the woman gets sprayed in the face wearing a trump hat that's pretty much an insult. >> shannon: you have to hope there is some legal action that accompanies that. >> bill: more from berkeley. we'll see how the school reacts to that. more from rex tillerson. we're awaiting his arrival at the department of state. we understand he is en route there and we'll carry it for you. his first comments since being approved from the senate. 56-43 vote late yesterday

afternoon. he is being compared to george schultz who came from the private sector like tillerson did. we'll see how he manages this now in a different job working the globe. >> shannon: with the world at stake, very different. president trump pointed to religious freedom at the national prayer breakfast this morning. >> our republic was formed that freedom is not a gift from government, but that freedom is a gift from god. [applause] >> shannon: more on his message and some of the controversy with tony perkins next. >> bill: a divided senate committee that approved jeff sessions. will we see fireworks on this one on the floor? chuck grassley is live today as our guest moments away. we'll talk to the senator about all that and more. >> they were able to ask every question they wanted. i sat through it and gave them

all time they needed. treated them very fairly. they raised basically all these questions and now they are trying to say on some of the most picky things you've ever seen they're trying to say we should have another hearing. well, give me a break.

>> shannon: newly sworn in secretary of state rex tillerson has arrived at the state department. you hear the applause as he is

walking in to address hundreds of employees, maybe thousands. they don't have a lot of room in that hall but it is a decent size there. he walks in as he is going to address them for the first time with a lot of challenges ahead internally and externally, domestic and foreign. he is walking into an agency he knows where he will face some dissent and it has already been lodged. >> bill: this address comes an hour after his boss said the world is in trouble. we'll straighten it out. we're taking advantage of by every nation in the world. it isn't going the happen anymore. that is mr. president trump said at the national prayer breakfast across town. rex tillerson leaves that breakfast and makes his address. the first of his address to the state department. >> shannon: let's listen in. >> good morning, all. we apologize for being late. it seemed this year's prayer breakfast people felt the need to pray a little longer. [applause] [laughter]

but i certainly welcome them all. thank you for such a warm reception and it is a pleasure to be here. obviously i've been anxious to be here and so pleased to have my wife of more than 30 years. she has been steadfast through this process encouraging me on and reminding me what this is really all about. so thank you. [applause] also want to thank acting secretary tom shannon who has been superb through this entire process and tom, thank you so much. [cheering and applause]

it was truly and indeed an honor that tom joined us in the oval office last night for my swearing in and appreciated that he was there. i also want to recognize and thank all of you here at headquarters of our state department, the staff and partners around the world who have faithfully performed your duties regardless of who was in charge. it was so important. i know many of you have assisted ambassadors and other officials during the senate confirmation process and indeed some of you have been through it yourself. having just come through it for the first time, i can assure you the senate still takes it as serious as ever. as energetic and thorough as ever. but we're here. [laughter] [applause] in the days and weeks ahead we are going to have plenty of opportunity to discuss in more detail the goals, the

priorities and strategic direction. i want to communicate my high regard for the men and women of the state department and share with you some principles for all of us to live by as we pursue our shared mission. the individuals who comprise this department are among the finest public servants in the world. many of you serve our nation abroad and have served our nation abroad. state department staffers in the field are not just conduits for policies and plans, you are our emissaries of our nation and the ideals we stand for. when people see you, they see america. when i wake up each morning, the very first thing i ask myself is are all of our people safe? the safety of every single member of our state department family regardless of where he or she is posted is not just a priority for me, it is a core value.

it will become a core value of this department. [applause] this means the state department family here in the u.s. and all those agencies serving under chief of missions abroad including civil service, foreign service officers and specialists, locally engaged staff of host country and third country nationals. interns, fellows, support contractors and implementing partners and not least of all the family members who support us at home and in our service to our country overseas. the foreign service is not the only component of the state department. the civil service workforce at the state department plays an indispensable role in all we achieve. we can't attain success without the mission critical services you provide. we often live in a world of headlines working outside of the public eye, does not make

you any less ention to our operations. your education, intelligence and sound judgment are the brick and mortar elements of all we do. we all depend on your good work and i know it will continue. one of the great -- [applause] one of the great challenges and thrills for the state department staff is deciding how to confront changing conditions in every corner of the world. i encourage all of you to use your natural and well-developed skills to adapt to changes here at home as well. i know this was a hotly contested election and we do not all feel the same way about the outcome. each of us is entitled to the expression of our political beliefs. but we cannot let our personal convictions overwhelm our ability to work as one team. let us be understanding with each other about the times we

live in as we focus our energies on our departmental goals. as secretary, i will deploy the talent and resources of the state department in the most efficient ways possible. that may entail making some changes to how things are traditionally done in this department. change for the sake of change can be counterproductive. and that will never be my approach. but we cannot sustain ineffective traditions over optimal outcomes. i will gather information on what processes should be reformed and do my part to make sure we are functioning in the most productive and efficient way possible. regardless of the circumstances shaping our country or our department, we must all remain focused on the mission at hand before us. i remind you that our undertakings are larger than ourselves or our personal careers. our duty is to faithfully represent our nation in the arena of foreign affairs. if we stay focused on the work before us, i promise i will

work to insure you achieve your own personal success and your professional satisfaction in what you are doing. for every individual who works at the state department, i ask that we adopt a few core principles. first, i believe that any organization runs best when all of its members embrace accountability. from the mail room to the boardroom, every member of a team has a job to do. i know nobody will always be perfect and that certainly includes me. but i ask that everyone strive for excellence and assume responsibility for their actions and their decisions. the new england patriots have signs posted all over their team facilities that simply say do your job. it is a brief message but one with profound importance. if we all do our jobs and embrace a willingness to be held accountable for our performance, we work better as a unit, move closer to attaining our goals.

it has worked pretty well for the patriots over the years, i must admit. secondly, i want us to be honest with one another. we're on the same team. we share the same mission. honesty will undergird our foreign policy and we'll start by making it the basis of how we interact with each other. lastly we're going the treat each other with respect. no one will tolerate disrespect of anyone. before we are employees of the state department, we are human beings first. let us extend respect to each other, especially when we may disagree. what i ask of you and what i demand of myself i will embrace accountability, honesty, and respect no less than anyone. before president trump called me, i thought i would be entering retirement this spring after four decades of business experience. we were ready to head off to

the ranch and enjoy our grandchildren. but when i came back from my first meeting with president trump and he asked me to do this, my wife said you didn't know it, but you've been in a 41-year training program for this job. [applause] so despite our own dreams she said you are supposed to do this. well, my first days here i'm on the job, hi, i'm the new guy. [laughter] [applause] as such i will depend on the expertise of this institution. there are over 75,000 members of the state department workforce both foreign and civil service employees with an

average of over 11 years of service in the department. i have 25 minutes. you have accumulated knowledge and experience that cannot be replicated anywhere else. your wisdom, your work ethic and patriotism is as important as ever and as your secretary i will be proud to draw upon all these qualities in my decision making. i ask that you join me in upholding high standards of ethics and professionalism committing to personal accountability and honesty and respecting your colleagues. there will undoubtedly be times of vick tee but many times of difficulty. let's go forward as a team through all of it. let's make the american people proud of what we do in this building and beyond. inscribed on the walls of the lobby are the names of fallen foreign service personnel. in the words of abraham lincoln, they gave their last

full measure of devotion. they died in service of causes far greater than themselves. as we move forward in a new era it is important to honor the sacrifices of those who have come before us and reflect on the legacy that we inherit. in closing, i'm honored to be serving alongside each of you as i serve our nation as the secretary of state. so i want to take a moment and pay my respects to those individuals that are memorialized on this wall and i look forward to making the rounds and greeting you personally and make take me a few days but in all sincerity i do hope to have the opportunity to shake the hand of every one of you that is here. thank you so much. [applause] >> shannon: a brand-new secretary of state rex tillerson at times joking making fun and light of himself as he introduces himself to his new employees starting with lavish praise for those working in the state department who

helped him in the transition. talking about a three core values he wants them to share. accountability, honesty, respect for each other. he has got his wife by his side. he was thinking he would be retired by now but when the president called him they talked about it and she said you didn't know it but you've been in a 41-year training program to get to this point and he will pay respects to the memorialization who last full measure of devotion in service to this country and through the state department. he stops there now briefly. >> bill: hang on this picture a moment here. when you talk about embracing accountability as the ceo. that's what you do. he pointed to a motto of the new england patriots playing in the super bowl a few days from now. do your job. he said this, too, shannon. the first question i ask myself in the morning, are all of our people safe? it is a core value. howard kurtz has been listening. we brought you in to talk a

little more about president trump but just reflect on what we're seeing right now. when he talks about accountability and are people safe, i think many on the right would think about benghazi, hillary clinton, whether they approved or not of her leadership there at the department of state, how will he be different do you believe? how do you take this mammoth government organization under republican leadership and make it different. when he says change for the sake of change is not always a good idea. >> that's the challenge facing rex tillerson who was talking not only to the assembled multitudes of the state department but to an american public who doesn't know the exxonmobile chief. he struck a high minded and folksy tone. he said some of you may not have wanted the outcome of this election. but time to put aside personal

political preferences and work as a team. it comes against a back drop of the dissent cable that more than 1,000 state department officials have anonymously signed. embassies around the world disagreeing with president trump's temporary ban on refugees and all citizens from certain majority muslim countries. rex tillerson has to both carry out what will be a very different foreign policy for this new president but he also needs to win the loyalty and get a sense of teamwork in this far-flung and giant bureaucracy. >> bill: you're very good at this, howie. that's putting your finger on the tone and the message. he struck a nice tone. it was friendly, approachable, it was done without barriers. >> it was very impressive. i haven't seen him speak very often. he did strike all the right notes in praising the work that people at the state department do outside of the headlines. it was good. keep in mind, it may have been someone at the state department, we don't know, who

took this extraordinary step of leaking to the "washington post" and associated press the transcripts or characterizations of private conversation president trump had with the leaders of mexico and australia. done by the leakers to try to attempt to embarrass the new president. he needs to assume his job, carry out what will be a tougher foreign policy, certainly with nations like iran. we saw that in the last 24 to 36 hours. also to win the support of the people who he has to rely on to carry out these policies. >> bill: general flynn putting iran on notice. howard, thank you, he is there in d.c. stand by. there will be more, howie, don't go far. see you real soon. >> shannon: all right. we're getting word from peter doocy on capitol hill the committee considering the

nomination of potential epa chief and foreign oklahoma a.g. scott pruitt. the chair of that committee has been told by the ranking member democrats senator carper that democrats aren't going to show up today. so we are watching this turn by turn. they will get this guy confirmed is what they say. what is going to give here? democrats don't plan to be a part of it. stick around.

>> bill: a lot moving. rex tillerson making his way. said he wanted to shake the hands of everybody working in the state department. that could take time. he is working the room now screen left. screen right is the committee hearing for the nominee to be the next head of the epa. scott pruitt. apparently democrats are not going to show up. why is this important? it's important because yesterday after two days of delays, senator orrin hatch

took the unusual step of suspending the rules in committee and the rules state that you have to be there, you have to have both parties present in order to carry out a vote. the democrats were absent. senator hatch went forward with the vote anyway to move steve mnuchin through and tom price through. the rules for change happened. how to reestablish them we don't know. apparently a similar scene is taking place on pruitt's confirmation. we'll watch it and see whether or not there is a voice vote on behalf of republicans. if there is pruitt moves through. the republican from wyoming has a say in this. >> freedom religion is a sacred right but also is a right under threat all around us and the world is under serious, serious threat in so many different

ways. and i've never seen it so much and so openly as since i took the position of president. >> shannon: the president focusing on one threat in particular in his speech at the national prayer breakfast. terrorists are attacking religious freedoms around the globe. his message is a hopeful one focusing on changing the world for the better. let's bring in tony perkins. i believe you were at the breakfast this morning. your reaction to the president's remarks. >> i thought it was outstanding. the president's remarks were very on target as well as the keynote chaplain barry black from the senate talked about how our voice needs to be heard in heaven. that's the most important thing. the president really focused, as you pointed out, on religious liberty. not just internationally but also domestically and was very clear. he called once again for the repeal of the johnson amendment which was introduced yesterday

with steve scalise majority whip in the house, jody hice and james langford senator of oklahoma was there when we introduced the bill again. religious freedom needs to flourish in this country. our country's ability to flourish was contingent upon that. >> shannon: the johnson amendment makes most churches and religious leaders feel like their hands are tied. if they express endorsement of a particular religious position, party or person who is running for office they risk their tax exempt status. he pledged to do that during the campaign and it sounds like he will follow through on that. you know there are plenty of those out there worried when he starts talking about these issues of religious freedom. there are reports about a particular order that has been drafted the white house says they have nothing to announce. but it is called i understand establishing a government-wide initiative to respect religious freedom and will offer some protections to businesses and organizations so that they are able to express their religious

views even if they aren't popular and not be punished for that. it works with adoption agencies and child welfare groups to protect them if they have certain religious standards and may set up a group within the justice department to work on protecting religious liberties. you know the left sees a lot of worry in that. glad president and ceo says if anything in this document were to become federal law it would be a national license to discriminate. it would endanger lgbtq people and their families. your reaction. >> it's simply not the case. religious freedom. we have to start with that definition. it is not just the ability to choose what church you want to go to or what prayers you want to say. it is the ability to live your life according to your faith. what is really in conflict right now is this new sexual license that has been pushed forward about doing anything

you want and making everybody embrace it regardless of whether you are a religious organization or a private business. what we're looking for is simply allowing people of faith to operate in the public square according to the ten either -- tenets of their faith. what is happening now? what could happen is organizations like catholic charities that do a lot of great humanitarian work alongside our federal government could be prohibited from doing that simply because they hold a biblical view of human sexuality. that is not right. that's not religious freedom. i am very optimistic that administration will address that. >> shannon: you and i have talked about many of the cases where there were people who are business owners who run up against this very difficult situation in which they are approached whether to bake a wedding cake or take pictures of a same sex ceremony which is legal but they don't want to do it. the groups that express

concerns now feel like this order will give license for people to just across the board say i won't offer service to people i don't agree with. >> first off that expresses no faith in our free market system because people are going to be driven by profit. and when people have a point of contention of faith. it comes down to this is not across the board. we don't have cases of people denying people to serving them a meal or rent a room. this is the issue of marriage primarily almost all of these cases have resolved around wedding photographers, things of that nature, cake bakers. so what we're talking about here are religious elements and we just shouldn't be forcing people to do stuff that is against their faith. >> shannon: we have to watch and see whether it becomes something the white house embraces as we understand this draft, nothing official yet. tony perkins, good to see you. >> great to be with you. >> bill: we have heard from senators orrin hatch and joe

manchin on the right and left and soon we'll hear from senator grassley. he is front and center in the judge gorsuch battle. he is next live. we're hearing in the committee you're watching right now there is another democratic protest being staged in committee apparently they will not show. so what comes of scott pruitt, the epa, another nominee? we'll tell you next.

>> bill: there was another expected democratic protest in committee, this time over the nominee to run the epa, but the room is starting to fill up. so drop in here, senator brasso is talking. >> bill: it's disappointing they chose that course of action. we will not allow it to obstruct. this committee has conducted a thorough and fair process of reviewing attorney general pruitt's nomination. that includes a hearing of

unprecedented length, number of questions and timely responses from the nominee. it is unprecedented for the minority to delay an epa administrator for an incoming president to this extent. we had an election last november. the people spoke, and now it is time to set up a functioning government. that includes a functioning epa. to do that, this committee has to do its work. so at this time i ask for a motion to suspend rules 2a, 4 and 8 of the rules of the environment and public works committee for the duration of this business meeting. >> so moved. >> is there a second? all those in favor please say aye. all opposed say nay. in the opinion of the chair the ayes have it. rules 2a, 4, 8 and the rules of the committee of the environment and public works are suspended for the duration of this business meeting. at this time i would like to

call up presidential nomination 44 scott pruitt of oklahoma to be administrator of the environmental protection agency. could i have a motion to approve and report the nomination favorably to the senate? >> mr. chairman, i so move. >> is there a second? on this matter i ask for a recorded vote. the clerk will call the roll. [roll being called]

>> the nomination of pruitt to be administrator is approved and reported. the funding resolution to fund the committee through 2019 in three financial periods. >> bill: there it is. this is a strange thing, folks. if you're watching at home or at work or on your mobile device, you are seeing stuff the same way we are. we are looking at committee rooms that have people on one side and empty chairs on the

other. the second day in a row it happened. scott pruitt moves forward in committee. senator grassley, good morning to you and thank you for your time. generally speaking, has the decorum of an otherwise stately senate as we watch judge gorsuch make his way toward more meetings today, is the statelyness of the senate in free fall? what is going on there. >> only because of one senator, senator schumer, the new leader of the united states senate. he is dictating to democrats not to go to their committees to approve these nominations. that did not happen in my committee yesterday or the day before. we did have some long speeches, but i was able to have the full cooperation of democrats on my committee and we did vote out senator sessions.

it is just the way senator schumer is trying to respond to all the marches that are against trump that he is reflecting that view. but i think it will go over with the people because there is one thing that i hear at my town meetings and i have a reputation for having town meetings all over the 99 counties every year for 36 years. when they come up with a question similar to yours, this is the way they put it to me. when are you guys ever going to get along there in the senate? and the grassroots of america are fed up with this sort of obstructionism. >> bill: you put all this at the feet of senator schumer. >> i believe so. i know that in our committee one of his top staffers was there telling democrats what to do. i can't speak for the finance committee even though i'm on that committee. but they didn't show up and you saw today they didn't show up at epa. >> bill: judge gorsuch is making the rounds again today.

11 years ago he passed 95-0 with no democratic votes against him. chuck schumer was one of those votes in the approval column. just yesterday he put out a statement questioning his views on women's rights and right on down the list. do you think he is playing it straight, senator? he is your colleague. you know him well. >> i'm baffled by the fact that you could get through for the 10th circuit and circuit court judges are just next to the supreme court. the most important jurists in the united states. there are still 31 senators of that unanimous vote 10 years ago. 11 democrats. it seems to me somebody that was not only justified for being on the 10th circuit by a lot of democrats and what they said about him before he was

approved, and at that point maybe didn't have a lot of views, the bottom line of it is he was approved and he has a record now that is very good record for being on the supreme court. >> bill: i have more questions but i don't have more time. break here. back in a moment.

>> bill: during the break a republican senator from mississippi. peter doocy is talking to him and listening to his comments about judge gorsuch and he said what a lot of republicans have been saying so far. give him a hearing and a vote. the democrat from west virginia manchin said that an hour ago. now we have senator barrasso, the one who just allowed the committee to vote on scott pruitt epa without any democrats in the room. drop in here.

>> from the beginning we've talked about you aren't going to see the republicans coming down on the floor of the senate with a 2700 page bill like the democrats did. we'll do it step-by-step and piece by piece to help people get affordable care. the whole purpose is to lower the cost of care and insurance. obamacare is failing miserably. insurance companies say we don't want to sell under obamacare. people saying it's a bad deal. 8 out of 10 americans said we need something different because obamacare has failed. >> bill: we're moving to another topic. the reason why we wanted to drop in there is because we're curious as to how this unfolded this morning. we expected the committee room to be full. it was not just like yesterday when orrin hatch changed the rules because democrats were not present to involvement >> shannon: there some was rumbling of the democrats in the senate started talking

about this being their strategy saying we aren't getting where we want to go with these nominees. they say they aren't getting the information they want and they have ethical concerns. republicans say it's nothing but stonewalling. we sped through president obama's nominees quickly. they are taking their ball, going home and saying they aren't going the play. >> bill: a lot of viewers and voters can relate to. grassley said he tour east counties in the state of iowa, when will you get your act together and get something done? this is an example of things not getting done. he laid the blame squarely at the feet of chuck schumer, the democratic minority leader in the senate and did not back down from that when we pressed him as to who should be held accountable here. let's say. he said chuck schumer several times. >> shannon: he is the one who threw down the gauntlet. we don't care who gets --

>> i have no idea what's going to happen tomorrow. >> you are going to need a nap after the show. we'll be here, it will be friday. >> enjoy your day everybody, "happening now" starts her now. >> jenna: we begin with a fox news alert, major develops it development at home and abroad, welcome to happening now, i'm jenna lee. >> jon: i'm jon scott, very busy morning already, we are about an hour away now from the white house briefing with press secretary sean spicer, following president trump's remarks at the national prayer breakfast this morning upholding the tradition going back to president eisenhower, where mr. trump reiterated one of his key campaign promises to evangelicals. >> it was the great thomas jefferson who said the god who gave us life gave us liberty. jefferson asked, can the liberties of a nation be secure when we have removed a conviction that these liberties are the gift of god?