tv The Five FOX News February 6, 2017 2:00pm-3:01pm PST
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have not been the judge in question. which continues how this team has fooled america. i have no idea, but that could be the new england patriots. wow. is to go i am dana perino with kimberly guilfoyle, juan williams, jesse watters and tom shillue. it's 5:00 in new york city, and this is "the five" ." one hour. that's how much time is left for the white house to justify the president's temporary travel ban to a federal appeals court. they have until 6:00 p.m. eastern to present more arguments. the question remains, will the court reinstate the president's executive order? washington state and minnesota filed paperwork to support their stance against the travel ban. shame james robards ruled.
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this weekend, the president tweeted the opinion of this so-called judge which takes law enforcement away from the country is ridiculous and will be overturned. >> mr. trump reiterated the need restrict some immigration. >> you have been seeing what's been going on over the last few days. we need strong programs. so that people that love us and want to love our country and will end up loving our country are allowed in. not people that want to destroy us and destroy our country. freedom, security, justice will prevail. >> i want to talk process. kimberly, let's start with you. you worked with the nine circuit court in california. you have the scars from its thee
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dash the district court had a ruling. i think the federal government's position is going to prevail eventually but you have a problem potentially in that the ninth circuit court of appeals, three-judge panel, two liberals, one moderate. if that court does not agree with the trump administration, then it reverts back to the lower court or they take it to the supreme court or we have a tie right now because we're waiting for gorsuch to get confirmed. do i have the process right? >> kimberly: 100%. you nailed it. >> dana: gold star and my day back. >> kimberly: that's the path. to be honest, does anyone really think that the ninth circuit is going to agree with the president? know. if you study in terms of the case law and how they come down on certain issues. >> dana: you don't think they will? >> kimberly: i think they will not agree with president trump.
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i think the federal government's position is actually pretty strong. i think his position is extremely strong and this is the reality. the historical precedent of the ninth circuit. >> dana: they will still deny it? >> kimberly: correct. the best chance is not going down to the lower courts. it's going to the supreme court. you would predict, looking at case law. he has a way better chance in the supreme court. does he need to wait for his injustice to be confirmed? does that take this so much further down the road because that's really ultimately the best chance he would have. in terms of someone who would look at the law and uphold it and not try to legislate from the bench. >> dana: president trump talked about this with bill o'reilly on sunday per let's take a look. >> i think it was very smooth. 109 people out of hundreds of
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thousands of travelers, and all we did was vet those people very, very carefully. >> you wouldn't do anything differently if you had to do it over again? some of your people didn't really know what the order was. >> that's not what general kelly said. he said he totally knew. he was aware of it and it was smooth. >> dana: on the merits or the process, where do you think it stands? >> juan: the way you described it was accurate. i disagree, though, that the case is strong for the president. the reason i say that is, remember what happened with president obama with his order, trying to limit implementation of daca. the state of texas said no, that's going to cause us some injury. therefore the court ruled in favor of the state on the same basis. yes, the president have the authority over immigration but if it's going to affect the state, and in this case you have google, apple, uber and the
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state of washington say they would suffer injury. i think there's a real case to be made, and that's what you're going to hear on the night circuit. -- ninth circuit. >> dana: 16 states have filed an amicus brief. >> juan: i wanted to come to the point, the larger story here, i imagine this will end up in the supreme court. it will be a 4-4 split. therefore president trump is not going to win on this. the congress, which has tried to stay out of president trump's way. they are worried about the populist wave of the support for trump. they want to why the -- ride te wave. the courts are not of the same mind. they are the obstacle at the moment. that's why neil gorsuch, his nominee to the supreme court, it is now under pressure to say hey, donald trump, you can't go out there and call someone a
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so-called judge and undercut the integrity of the judicial branch. >> dana: the only thing the nominee has to say as he will rule based on the constitution. >> jesse: i think the difference between the obama smack down by the court on the trump situation is this deals with national security. obama was trying to may be delayed deporting people but there is a major precedent. the immigration and naturalization act of 1952 gives the president authority to temporarily suspend the entry of any class of alien. in '93 the supreme court said the president has the authority to order an naval blockade to keep haitian out. he does immigration pro bono work. this guy may have an ax to grin
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grind. >> juan: he's a republican bush appointee. >> jesse: there were some never-droppers. >> juan: you have no respect for him as a judge. >> jesse: that's not true. >> dana: when i was press secretary, we had -- the president introduced a bill called the clear skies act. it was to deal with air pollution. every single time the media would call it the so-called clear skies act. it was called the clear skies act. that was the name. >> tom: this is a mild one for trump. he didn't give him a special name like little marco. this was mild, i think. does it impugn the integrity of a judge? judges are political now. they are political. people attacked scalia. you've got ruth bader ginsberg
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is a hero of the left. we should stop pretending they're not. how many judges have we seen walking down the street with a hoodie over his head because he's being chased by jesse watters? president obama attacked supreme court justices to their face at the state of the union. it was outrageous. >> dana: the state department does make decisions based on region and not religion but i do think that the state of washington, when it filed, it will claim religion. part of the reason they are looking at that is from the tweets that president trump put out and also what former mayor rudy giuliani said about wanting a muslim ban to be implement it. we are a little bit in the situation where it's not clear cut. >> kimberly: nevertheless they are going to have to look at the document to determine whether or not there is a rational basis to support the suspension and travel in the interests of
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national security. it is certainly within purview of the president. he has an obligation to protect the united states and protect his citizens from threats and terrorist attacks and those that would do us harm. certainly from radical islamic jihadists. he's going to be able to put forward the case. i think it's a strong case. i think if you saw president obama doing this or president clinton doing this, it would not be met with the legal ferocity that we have seen. >> dana: possibly that's based on process. you had in "the washington post" and "new york times" this weekend, senior staff at the white house saying we will do better and if those things had been put -- if the ducks had been in a row they might not be in the situation. >> jesse: the democrats sent protesters to gum up the works. cnn interviews every sad iranian who got held up at the airport because they didn't make the
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flight. maybe it wasn't done completely smoothly. they didn't get a lot of help from their enemies. >> tom: and what way could it have gone smoothly? in what way could they have released this? don't you think the same things would've happened? >> dana: i think they know it. they were telling the north times and "washington post" they could've done better. when you want to change the subject, you give the media a process story and you have to make a full pivot. i learned that from someone i worked with before. i've seen it done. it's not fun. to say yeah, we could have done a better job but it's what allows you to turn the conversation around so you can reset it. i think they did it successfully in "the new york times." >> juan: they could have done a better job with green cards obviously. that was a terrible mistake. they didn't fully inform their own people about the change.
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they didn't go to the legal authorities in state, intel, justice and get it rolled out in such a way that people would've understood. >> kimberly: she is saying it's about communicating the rollout. >> juan: the president has had the rollout was smooth. i don't agree. is saying when you look at the impact, 109 people, secretary kelly is behind him. i don't think under under any circumstances could have been completely smooth. >> juan: implementation was my point. to get back to jesse's point, if there was a trigger here, if there was something that it happened as opposed to the kentucky massacre. >> jesse: do you want to know what happened? >> juan: trump is elected. so jesse, you want a dictator and a king. i don't. >> kimberly: why did he say that?
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you know what? the court is going to decide on whether the president has the latitude to do this. >> dana: who are weak? coming out, the president has caused another stir with some new remarks on vladimir putin. we will do some monday night quarterbacking on super bowl sunday. stay tuned. so with our ally cashback credit card, you get rewarded for buying stuff. like what? like a second bee helmet with protective netting. or like a balm? you know? or a cooling ointment for the skin. how about a motorcycle? or some bee repellant. i'm just spit-balling here.
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♪ >> kimberly: welcome back. the president visited centcom for the first time in office. >> our administration will always honor our sacred bond to those who serve, and we will never, ever forget you. believe me. we will never, ever forget you. we will ensure the men and women of our military have the tools, equipment, resources, training, and supplies you need to get the job done. today we deliver a message in one very unifying voice to these
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forces of death and destruction, america and its allies will defeat you. >> kimberly: president trump is hoping russia will help us eradicate islamic terrorism from the globe. bill o'reilly questioned him about his position on vladimir putin and it made some headlines. >> do you respect putin? >> i do. i respect a lot of people but that doesn't mean i'm going to get along with him. he's a leader of his country. i say it's better to get along with russia than not and air of russia helps us in the fight against isis which is a major fight and islamic terrorism all over the world. >> putin is a killer. >> there's a lot of killers. we've got a lot of killers. do you think our country is so innocent? do you think our country is so innocent? >> i don't know of any government leaders who are killers. >> take a look at what we've done. we've made a lot of mistakes. >> kimberly: that was an interesting interview.
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he's going to have more on that tonight. what do you make about the comments about bill o'reilly calling putin a killer and then president trump's response? >> jesse: it was a strange exchange. i didn't know what to make of it. i think he was trying to deflect and do some misdirection because bill is pretty strong with him, and it wasn't a political answer. it was the answer of a businessman. the only thing i can think up he's trying to say is i'm going to keep the relationship with russia clean at the jump because we need them for leverage over the iranians. we want to double-team china with the russians. working with the pipelines, we need help with that. we need help with isis. that's the only thing i can think he was trying to do there and maybe he doesn't need to slam the leader. he needs to move forward in the international arena. >> kimberly: you are spinning in every direction.
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>> juan: you are spinning in every direction. eric will be back shortly. >> kimberly: he has security on on "the o'reilly factor." >> juan: my point to you is you are saying o'reilly was so tough. o'reilly asked him a real question and then he said somehow that we, america, the united states of america, that we are engaged in this kind of activity. >> jesse: it is funny you are upset about this because president obama said he believed in british exceptionalism. you didn't say anything then. >> juan: you are off the rails rails. we, the united states of america are the equivalent of murderous thugs? >> jesse: i don't think he was making a moral equivocation. i think what he was trying to say was maybe we do dark things to further our national interest. >> juan: oh, my god. >> jesse: so did russia. >> juan: you are so deep in the hole.
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i am trying to get inside trump 'as head for you. he has done it before. it's a weird answer. he has been asked about russia and he said we've done things. it's not a good answer but why doesn't he say -- you keep asking me whether i like putin. i don't know putin. >> juan: he said that in the debate. >> jesse: it is a strange thing, the obsession with putin and trump. we didn't ask obama when he wanted to normalize relations with cuba. we didn't say what about castro? is a murderous thug. >> juan: i did it. >> jesse: you don't believe trump is not a patriot. >> juan: why would he call us, the american people.
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do you think american leaders, american presidents, our poisoning our political opponents? >> kimberly: we have gone to war. we have defended our country. this is not a country that has always lived in peace. we have to do what we need to do to defend ourselves. >> juan: that's a different ball of wax then poisoning people, invading neighboring countries. >> dana: throwing journalists out the window. >> jesse: i think trump would like to throw a few journalists out the window probably wouldn't say that on tv. >> dana: we don't do that. therefore we are different. >> tom: i like the answer. he says do you respect putin? he says yes. >> dana: 99% of the way. when he said we deliver a unified voice. america and its allies will defeat you. that reminded me of you are with us or you are against us. i was with him until then.
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>> kimberly: i don't think he is referring to any u.s. presidents. he is referring to u.s. military presence versus we don't have anybody that was the head of the kgb. >> tom: it's a one-day situation. it is a small gaffe that will be forgotten tomorrow. >> jesse: mr. o'reilly, who i will not criticize, he didn't say that putin poisons people. he says kills people. he said he's a killer. >> dana: like we are expected to understand what trump meant. you know what o'reilly meant when he said that. talking about people who mysteriously have organ failure because they are against the government. >> tom: i'm not going to criticize. >> kimberly: for more on o'reilly and jesse's job security, watch "the o'reilly factor" tonight.
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more of that exclusive interview with president trump. new clips you haven't seen. 8:00 p.m. eastern tonight. did you stay up to watch the biggest comeback in super bowl history? i sure did and i've never seen anything like it. we've got a lot to say about the big game, big halftime show, and much more when "the five" returns. stay with us.
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brady has his fifth. what a comeback. >> thank you to all our fans, everyone back in boston, new england. we love you. you've been with us all year. we are bringing this sucker home! >> tom brady! >> jesse: tom brady has five super bowl rings, more than any other quarterback in history. patriots ended up defeating the falcons 34-28. i thought the game was over at halftime and then you have the strip sack. field goal range, then the holding penalty, the amazing catch by edelman. >> juan: i didn't think it was incredible. i was rooting for the falcons. i thought it was over. i've got two -- tom brady, incredible. hats off. that was beyond magic. i got a thrill watching him do that bit right there.
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i've also got to give a hat tip to matt ryan, quarterback for the falcons. i thought he had a great game. julio jones made some catches beyond belief. fabulous super bowl game. fox coverage, i thought it was excellent. >> jesse: coverage was fantastic. roger goodell booed. he hands over the lombardi trophy to kraft. he railroaded them with deflategate. is it protocol? today go through -- i think they shook hands. that was probably a formality. >> tom: i celebrated, the coin toss. the coin toss in overtime. you can't stop brady at that point. i thought they are going to win this. i knew he was going to drive. i went nuts.
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>> jesse: speaking of coin tosses, we have this amazing footage of bush 41 in the beginning of the game. let's roll the tape on that. [cheers and applause] >> president bush, would you please toss the coin? it is tails. >> dana: even men would say they were not ashamed to have been that cried or got a little teary. about ten days ago, president george h.w. bush was in intensive care for treatment for pneumonia. he rallied and not only that but he said, he and barbara bush said to the staff, we have to go. this is houston. this is our home. we have to go help be good hosts. i thought it was a great moment
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of american unity for sure. >> jesse: houston was a fantastic post-city. i was down there doing some things for fox. everyone kept coming up to me, where is k.g.? media members. where did you watch the super bowl? >> kimberly: i infiltrated your world. i was in my son at his grandparents. we had an amazing time, super fun party and great food. i was all in. i hate everything. chicken wings, chips and guacamole. also they had delicious spinach ranch dip. i love football. this is one of my favorite things to do, watch games with my father growing up. we have the best parties every sunday to watch the game. this was amazing. i have never seen a super bowl like this and i kept watching. i was like, let me tell you something. do not count tom brady out. i called up for the patriots to win like so many people did. but that it wasn't looking so good and you hear the reports of
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the private planes that were like, wheels up. they were all taking off. >> dana: dana's mascot theory. >> kimberly: how about the two-point conversion? when does that happen? >> jesse: speaking of falcon someone else was flying through the sky. it was halftime. lady gaga. we have some tape on her. >> ♪ open one nation under god with liberty and justice for al. ♪ baby, i was born this way.
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>> jesse: let's go around. good or bad? >> tom: great performance. after she jumped off the roof, my daughter said, i can see the strings, dad. >> dana: i thought she was great. technology is amazing paired when she was doing the pledge, the lights behind her were actually drones. >> jesse: did you dig the gaga? >> juan: i like her music for exercise. it always pumped me up. she was in constant motion. >> kimberly: she wasn't lip-synching. >> juan: those drones, that was incredible. i read they had to do it before had because they cleared the air space. it couldn't be live. it was taped. they used the drones to create the images, the flags. unbelievable. if >> kimberly: i loved it. i thought she smashed it. i loved that she didn't make gratuitous political comments.
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she honored this country and the men and women that served. i love the way she sang. this is what hard work and dedication and focus, to be able to sing that live and nail it. not easy. >> jesse: the buildup was whether or not she was going to get political and she didn't. >> kimberly: i thought she was fantastic. >> jesse: lots of leaks coming out of the trump administration about phone calls he's made with world leaders. the president thinks he knows he's responsible -- who is responsible. abdominal pain? bloating? you may have ibs. ask your doctor if non-prescription ibgard is right for you. ibgard calms the angry gut. available in the digestive aisle at cvs, walgreens and riteaid.
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details of those calls leaked to the press and the president thinks he knows who is responsible. in interview with fox news contributor judith miller, mr. trump blamed "obama people," holdovers from the last administration prayed he said "it's a disgrace the league because it's very much against our country. it's a very dangerous thing for this country." the president said those people are being replaced ray dana, what do you think? >> dana: i don't know the particulars. that was a weird camera shots. did you see that? i'm short but i'm not that shor short. as a white house press secretary or deputy, i don't remember having to deal with leaks like this in my own personal experience. if we dealt with a leak in the media about a national security issue or a world leader call it was almost always the other side that was leaking it. >> juan: you mean the other countries leader? >> dana: right. we would do a call with the iraqi government every other wednesday and sure enough before
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i got upstairs, reuters would have a story based on the spokesperson from the iraqi government reading out the call to them from their point of view. reuters would call me and say what did you see or hear? so that was -- we didn't tape the calls. there were detailed notes. i think the white house's right to try to track it down but in my experience it's usually the other side. i saw kellyanne conway's comments about how it was our allies that looked bad so that she didn't think it was actually leaks from the other country that they were coming from somewhere within our government. >> kimberly: they think they are from obama administration holdovers. >> juan: i think state and holdovers at state, the idea being that the readouts had to go to state and it was leaked there. the contrary view is that there is so much going on inside the administration with various cliques and groups and there is
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a lot of rivalries and distrust. >> tom: as usual, the problem is not the leaks but the narrative that's created by the press after the leaks come out. we've had mischaracterizations of all these leaks. we had, they said he hung up on the australian prime minister. he didn't hang up. they said he said he was going to invade mexico. that is a mischaracterization. these leaks are perfectly innocent, the information. if you look at boat was released, nothing bad but the press spins it into an anti-trump story. >> jesse: why was the australian prime minister's team leak that he got hung up on? i don't buy that it's always our allies doing the leaking. i do think there are people, never trumpers or obama hold over officials that are trying to undermine the president from within. >> kimberly: he knows who is doing it. they are not going to be around.
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five. >> juan: politico was reporting that steve bannon wants to hire his own p.r. person. >> dana: i refuse to believe that until there is more evidence. for today, you have one of the editorial board writers that "the washington post" writing an article about how the media got the national security, who was going to be on which principals committee, they got it wrong and that the white house didn't explain it well and the media reported incorrectly. i think the white house has a legitimate beef with the press. i also think that in the articles this weekend in which they have senior staff on the record saying we will do better from the white house point of view, maybe things will settle down in a couple weeks. >> juan: if you look at from the outside, do you have this chance that it's been a rough few weeks? governing as opposed to campaigning. >> kimberly: i think he has actually been very onpoint in terms of what he wants to accomplish. he is used to the press behaving
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like this. he expects it from places like "the new york times." it is sort of power from the chorus. he has been battle tested that none of this is a surprise and he is trying to remain undeterred in his focus. sure there is going to be situations with roadblocks or setbacks that you are seeing but the press' unhealthy obsession with steve bannon, the rest of it is bordering on hysteria. the misinformation that's coming out, it's not true. i know it from the inside. >> juan: alec baldwin was back doing his trump impersonation on "snl" this weekend. that is not the skit that got everyone talking. this is. >> are you okay? >> i will put you in the corner with cnn. >> we are not fake news! >> like that, like that dork.
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♪ >> tom: "saturday night live" loves to tear about the new administration. they have added a new character to the mix. melissa mccarthy as white house spokesman sean spicer. >> i would like to begin today by apologizing on behalf of you to me. for how you have treated me these last two weeks. you need some props? are my words too big? when it comes to these decisions, the constitution gives our president lots of power and steve bannon is the key advisor. okay? and our president will not be deterred.
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in his fight against radical muslims. [laughter] >> tom: was spicer amused? >> it was cute, funny. i would rather talk about the issues that the president is so committed to helping americans on but you know, it's part of american culture. >> tom: could have used some props there on that one. dana, you were in the white house in a more innocent time. >> dana: i call of victorian age. i must have really boring. that's fine. i think that's what sean was saying. he found humor in it but that as the press secretary, you don't want to be the story. you shouldn't be the story. the story should be focused on the president. but it was funny and sean has a great sense of humor. >> kimberly: i thought it was amazing. >> tom: he said "saturday night live" was kind of mean but he was talking about
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trauma, not himself. he took his own impersonation in pride. >> kimberly: look at the squirt gun. i love it. >> tom: are they going to be able to keep it up? >> kimberly: of course. >> tom: all through the four years? they're going to lead the show with a trump thing? >> kimberly: i don't know. i think melissa mccarthy is unbelievably talented she was telling it on the super bowl too. she had a funny super bowl commercial. i was like the two of those, she's like the king. there is obvious that going to be some desire to have her come back and do this. everyone is going crazy because it was so hilarious. cnn was in the cage and a diaper and the fake news. >> dana: there's plenty of material, they will go after the democrats within the next month. >> kimberly: she is better as sean spicer then baldwin is as president trump. >> juan: those casting moves were extraordinary. i didn't recognize her. i didn't know what was, and it's even better when you realize it's melissa mccarthy. she has transformed herself.
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the gum, knowing sean spicer and the fact that he chewed a lot of gum, he said it was over the to top. >> kimberly: not it wants. >> dana: that was beast mode. >> tom: one more thing is up next. across new york state, from long island to buffalo, from rochester to the hudson valley, from albany to utica, creative business incentives, infrastructure investment, university partnerships, and the lowest taxes in decades are creating a stronger economy and the right environment in new york state for business to thrive. let us help grow your company's tomorrow - today at esd.ny.gov
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>> dana: it is time for "one more thing." >> juan: family pride overflowing this weekend. my son antonio was named the presidential leadership scholar for the class of 2017. highly selective program seeks to help a diverse group of leaders prepared to face societies in america's greatest challenges. he will get to travel to the four presidential centers. presidents johnson, clinton, both bushes. he will hear from the former president, white house officials and more paired i could go on and on about this, the amazing program, my pride in tony. i'm so proud. i want to do a hat tip to my friend dana perino who was -- alerted me to the program. >> dana: great program. i wish i could participate. you get to meet a lot of people. he is a great young leader.
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you have raised three of them, and the grandchildren are following closely behind. >> juan: they build a wonderful network of alumni to really work together after the program. >> kimberly: congratulations to you, juan. the best family. kimberly's royal news. in case the crown didn't give it away. queen elizabeth the second, a little bit hard to look down and do this, has become the first british monarch to reach the milestone of 65 years on the throne. can you believe it? they celebrated today with a 41-gun salute which is really incredible. there you see it right there. interestingly, she doesn't celebrate of the anniversary she ascended to the throne and
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became queen because that's the anniversary of her father's death. i can relate to that. she didn't want to have a celebration on that day. long live the queen. >> dana: this is the day she was crowned? >> kimberly: yes. she surpassed queen victoria as britain's longest-serving monarch. such longevity. i am juan's queen. he gave this to me for christmas. >> dana: i might try this. i have never done a girls weekend until this weekend and i had so much fun. i started out in nashville at the national cattlemen beef association. amazing group of people. it was like going home. i loved it. i got to go to the bookstore in nashville. huge turnout, big fans of fox news and "the five." marsha blackburn came to see aspen we got to go to the opry and we went backstage.
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josh turner. the deepest voice in country music at a fan of the show. and then we went to tootsies. we saw jake mauer. that is kevin lawler, kyle jennings. it was the best weekend. a lot of shopping. >> kimberly: you have the best weekend. >> dana: i did. i wasn't at the super bowl but jesse was. >> jesse: speaking of milestones besides the queen, we have a lot going on. tom brady, five rings. i think this year we touched down on jupiter and tonight "watters world" has reached its 300th episode. i am watters and this is my world. bill o'reilly has a question for it he wants to know when you are coming on "the factor." >> i think he's ridiculous but i
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don't enjoy his show. >> jesse: that is me at a nudist colony. there will be more of that on the 300th episode of "watters world" ." >> tom: the wyoming, minnesota, police department was live tweeting the super bowl. check out this tweet. they weren't impressed with the commercial by justin bieber. if you drive drunk tonight, we are going to subject you to the justin bieber super bowl commercial the entire way to jail. then they tweeted this at around halftime. >> if you are caught drinking and driving, we are going to watch you -- make you watch patriots game tape. brutal. late in the game, we take back everything we said. >> dana: i love it that the police department is having a little fun, getting people to follow them on twitter. >> tom: i wish people would be more loose with twitter like
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that. >> dana: really? >> kimberly: you must admire someone. >> dana: set your dvr so you never miss an episode of "the five." "special report" is next. >> the president fights for his immigration order in court and a ruling on that order could come at any moment. this is "special report" ." good evening. i am bill hemmer intimate for bret baier. the fate of president trump's immigration order is in the hands of three judges in san francisco. a decision from that panel is expected quickly, perhaps within hours. the eventual decision is likely headed to the highest court in the country. where are we at the moment? chief white house correspondent john roberts starts us off. good evening to you. >> good evening. i am
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