♪ heather: patriots coming home to a hero's welcome. somebody return the jersey. clayton: come on. heather: good morning, you're watching "fox & friends first" i'm heather childers. clayton: and i'm clayton morris. the white house will face off in a high-stakes hearing on the immigration order. heather: president trump demanding that it be restored immediately to keep america safe. griff jenkins. >> the federal government defends travel ban executive order before the ninth circuit court of appeals. relying on expressed statutory authority to suspend entry of

any class of aliens, the president directed temporary suspension and countries previously identified link to increase risk of terrorist activity. and in central command yesterday the president was met with cheers. >> we need strong programs so that people that love us and want to love our country and will end up loving our country allowed in. not people that want to destroy us and destroy our country. [cheers and applause] >> as you mentioned, he also took a shot at one of his favorite targets, the dishonest media. >> you've seen what happened in paris and nice, all over europe it's happening. it's gotten to a point where it's not even being reported and in many cases the very, very

dishonest press doesn't want to. >> aboard air force one sean spicer was forced to defend those comments. >> he thought members of the media don't always cover some of those events to the extent that other events get covered. protests get blown out of proportion. >> the federal government and the states fight it out. the court has a liberal reputation many expect that they would reject the government's arguments that would put us in a fast-track to the supreme court. heather: thanks, griff. clayton: president has the authority to suspend any type of immigration forpublic health, safety or national security reasons and fox news legal contributor andrew napolitano criticizing the ruling saying

the state doesn't stand a chance if it heads to the high court. >> my view is the president is so much in the right, the states are so much in the wrong, they don't have the standing to sue. they are claiming that people that live in those states are harmed and the obligation of those alleging harm to sue, but if the justice department wins and the states of washington and minnesota appeal to the supreme court. i don't think the supreme court will hear it but if the states win and the justice department appeals to the supreme court, i think the supreme court will hear it because the supreme court is interested in the orderly administration of governmental function and this is profoundly disorderly for a single federal judge to stop the president from examining people with more care as they enter the country. >> so let's keep talking about this, what do you think had the stronger case, the presidents or

the states, use the #keeptalking. heather: holding the floor, desperate democrats staging an all-night senate session to derail secretary of education pick, betsy devos. >> heather, good morning. it's been a marathon session on the senate floor as democrats try to stop president trump's choice to lead the department of education. betsy devos has been faced opposition, government -- they intend to do it to voice her opposition to president trump's choice. >> ms. dehaves' answers at the hearing were embarrassing. in my mind, she is the least qualified nominee in a historically unqualified cabinet. we need just one more vote and we can get a lot better

secretary of education than the one who is nominated. >> two republicans are already standing with democrats to vote against dehaves, democrats hope to go sway one more to join them to derail dehaves' nomination. in the event of a tie, vice president mike pence will cast the deciding vote. republican senator similar scott spoke on the senate floor passionately explaining what he supports dehaves. >> this is not an issue of republicans versus democrats, it's not necessarily betsy devos . >> she has a set of fresh eyes. >> the critics say her views are just too extreme. the vote expected to take place

at noon today. the democrats tactics on stalling vote has become the slowest confirmation of cabinet members since george washington. back to you, clayton and heather. clayton: things moved slower back then. heather: thank you. clayton: a manhunt intensifying right now. a string of murderers down south, suspected of killing three women, two in florida panhandle and one in alabama. that woman now in critical condition, police say boyette has told people that he won't be taken alive. a convicted drug dealer is that was given a second chance, wasn't year after life sentence was commuted, cops nailing him with two pounds of cocaine after a high-speed chase in texas. he now faces up to 40 years in prison. while in office obama commuted

715 sentences, more than any other president. heather: another democratic mayor defying orders from the white house. now a sanctuary for illegal immigrants, says that he's following the national trespassed because he too is an immigrant and he says that there's nothing to lose because it doesn't rely on sanctuary funding. a state senator is passing a new bill to hold communities responsible for not cooperating with federal immigration authorities, similar bill introduced in california today, it is intended to help families like that of kate stanley who was murdered by and illegal in san francisco. the participants tried to sue the city but were unsuccessful. the alleged killer was deported five times.

clayton: new england patriots ready for celebrating of epic win. heather: up to a million people expected at today's victory parade. well-deserved celebration after incredible comeback from a 25-point deficit to beat the falcons in first ever super bowl overtime. clayton: texas rangers stepping in to help police find it. >> i put it in my bag and i came out and it wasn't there anymore so it's unfortunate because that's a nice piece of memorabilia, so if it shows up on ebay, someone let me know, we will try to track that down. heather: one option site says it can be worth a million dollars, but like you said, they'll know who took it. clayton: right if you have it or have people over dinner party, guess where i got that.

stole it out of tom brady's locker. >> fox news senior meteorologist janice dean tracking down the forecast and the jersey. janice: i mean, who would do that? clayton: ridiculous. janice: clayton, i'm watching you. let's take a look at the maps, they are going to get a mixture of freeze, sleet, but the worst of it tomorrow night and into thursday, however, it's not going to be a great day for a parade unfortunately, i think they are still going to celebrate. look at the future radar, this is on wednesday, tomorrow, we are going to watch the system exit the northeast and then what happens here, here is the system bringing the threat for snow across the big cities, dc, philadelphia, new york, boston, this is going to start wednesday night into thursday. now, the exact timing and track and how much snow still yet to be determined but it does have

the potential to bring several inches of snow on the morning commute on thursday, so keep in mind, there's one of the forecast models, we could get several inches of snow. long island, upwards of perhaps a couple of inches so this is something we are going to have to monitor, one thing is for sure, if you live across the northeast, you need to be keeping track of the storm system and we will keep you updated. the other big story is going to be the west, heavy rain, mountain snow for this region so that's going to be a problem specially for commuters as we head through the workweek, i have some crazy video from a police dash-cam, guys, look, meteor from the dash cam in illinois. this is really incredible. we are starting to see better video of these things and atmosphere and they saw it in four different states, pretty cool, right? clayton: they asteroids that

passed by. janice: as it enters the atmosphere is meteor but it if hits it's meteorite,. >> how many arrests have there been from the foreign countries since 9/11? the answer is wrong. heather: wrong. the answer revealed in a fact- check.

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break out the febreze, and [inhale/exhale mnemonic] breathe happy. heather: welcome back to "fox & friends first", we are back with fox news alert for you, sounding the alarm at nation's airport scathing security laws putting americans at risk for lone-wolf attacks. "good day charlotte" from fox business here with what you need to know. good morning, cheryl. cheryl: a new government report raising concerns that airports throughout the united states are vulnerable to insider threats that could be carried out by lone-wolf attackers. airports and aircraft are vulnerable to attack by, quote, nofarias individuals and security standard can cause harm. 73 aviation workers had possible ties to terrorism that was not

found in background checks. history showed it happened before. back in 2014 at the minneapolis st. paul airport, three male workers who had access for planes recruited by isis. also smuggler smuggled 153 firearms. about 900,000 people we should say work at airports across the country and can bypass normal security screening, only miami, orlando and atlanta screen all employees and their bags and in response, tsa says it appreciates the committee's effort, they are reviewing the report, back to you. heather: longer lines. clayton: fact-checking a statement made by the federal judge who halted the president's travel freeze. >> how many arrests have there been of foreign nationals of those seven countries since 9/11?

>> your honor, i don't have that information. >> let me tell you, the answer is none, as best as i can tell. clayton: recent review of cases now proving the judge wrong, iraqi refugee was arrested on isis-related charges last january admit to go plotting bomb attacks at two texas malls. last falls two radicalized somali refugees carried out attacks one inside the minnesota mall and the other at ohio state university. the trump administration is refuse to go back down. >> it's such an important thing for everybody to know because the judge from the bench had asked the attorney how many people have been arrested under this type of order and she said, i don't know, he said, i will tell you zero and that's just not true. >> president trump himself slamming judge saying his decision is putting the country in danger. >> the judge also helped resettle refugees pro bono before overturning the

president's immigration order. clayton: one-minute commentary and a message for judge, good morning, todd. >> good morning, heather and clayton. the poster child for everything that's wrong with america's legal system. he's the guy who blocked president trump's temporary immigration ban. understand this, we do not have a moral or constitutional obligation to let people into the country who want to blow us but judge's restraining order puts us at play. president trump was right to call him out. the only way to root out the infestation is for president trump to name conservatives to the appellate courts, republican presidents have bad habit that putting nominees. i am talking about you, judge

robart, bush appointee. not only do we need extreme vetting in the white courthouse, we also need vetting in the courthouse. i hope you get a copy. back to you. clayton: deplorables guy, thanks, todd. don't forget it's in stores right now. it hits store shelves today. heather: after getting sick. ♪ ♪ ♪ heather: nelson will not be on the road again after postposting three concerts. he's expected back on the road next week. clayton: vladimir putin could be fazing off with the u.s. on the ice, putin reportedly plants to

play exhibition hockey game against the philadelphia flyers and not clear if its schedule will allow it. defenseman who organizes the team to russia f putin plays he will have to eastern the win, he may end up in siberia if they beat him. be ready to be knocked into the boards on the side. heather: time now 20 minutes after the top of the hour. a new cigarette hack, the urgent warning every parent needs to hear. >> the campus now banning conservatives altogether. what'n mountain coffee and fair trade? let's take a flight to colombia. this is boris calvo. boris grows mind-blowing coffee. and because we pay him a fair price, he improves his farm and invest in his community to make even better coffee. all for a smoother tasting cup. green mountain coffee.

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clayton: welcome back, a university sparking outrage banning a conservative group because it makes liberal students unsafe. the student sat santa clara, university rejecting the position, turning point usa. [inaudible] >> i am a muslim as well and they're a direct threat to me. >> clayton: the club should try applying next semester. heather: san francisco first in the nation to make city college free and guess who is footing the $5.4 million bill? taxpayers. textbooks also free for some students. any one who has lived in the city for at least a year can take advantage of the perk.

brand-named products when using food stamps, a new study finds that families using taxpayer benefits are less likely to buy generic brands, instead they opt for more expensive products spending more for the same amount of groceries. a research leading up to getting benefits, families are likely to buy generic products to stretch their dollar. clayton: remember when starbucks placed 10,000 refugees, now veteran has amazing response, avon vowing to hire 10,000 veterans over the next six years, the utah-based coffee brewers currently employ about 50 people. most of them veterans. we will hear more when he joins his plan at the 7:00 o'clock hour of "fox & friends". heather: everything is more expensive in new york city, that, of course, includes the coffee, a brooklyn shop called extraction lab is now selling an

18-dollar cup of joe, 18 bucks, that's the highest price in the country. clayton: made with rare beans, it's grown in panamá, high-tech machine which combines three different brewing methods, the previous record high was $16. heather: wow. >> in san francisco. heather: magic beans like jack in the bean stalk. clayton: i had one of those in seattle. you have to wait 20 minutes. it was delicious and engines pensive. heather: how much was it? >> 8 bucks. once in a lifetime. not something you do on your commute. heather: 26 minutes after the top of the hour. another retailer apparently wants to drop the first daughter's clothing line. the new proof that it could all be about politics. clayton: christy blinkly is back in her bikini. the brand-new sports illustrated issue, you have to see.

heather: look, one of her daughters looks just like her. clayton: which one is christy brinkley. heather: wow. ely. because safety is never being satisfied. and always working to be better.

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clayton: but this may be a teeing up a stand-off in supreme court. heather: griff live in dc. >> get ready for showdown in san francisco this afternoon before the ninth circuit court of appeals as the federal government defends their travel ban executive order, the department of justice arguing in a filing yesterday, quote, relying on his expressed statutory authority to suspend entry of any class of alienses to protect the national interest. the president with temporary suspension of refugee program and from countries that have a previously identified link to an increase risk of terrorist activity. and a central command in tampa, yesterday, the president rallied the troops. >> we will deliver a message in one very unified voice to these forces of death and destruction,

america and its allies will defeat you, we will defeat them. we will defeat radical islamic terrorism and we will not allow it to take root in our country. >> but he also took a shot at one of his favorite, the dishonest media. >> you have seen what happened in paris and nice, all over europe it's happening. it's gotten to a point where it's not being reported and in many cases, the dishonest press doesn't want to report it. >> sean spicer was forced to defend it. >> protests gets blown out of the water and attack doesn't get same coverage. he's doing whatever he can to

protect this nation, our people. >> all eyes on the ninth circuit court of appeals. and regardless of the outcome, guys, this will ultimately end up before the supreme court. clayton: timeline, many, many months. heather: live at the senate floor where an all-night session is still underway. the goal to derail today's confirmation of education nominee betsy devos. >> in my mind she is the least qualified nominee in a historically unqualified cabinet. heather: two republican senators are plan to go vote against devos setting up a potential 50/50 split. vice president mike pence will hold the tie-breaking vote. clayton: president trump has only been in office a few weeks but a florida congressman is implying ha he could lose his

job, defending recent remarks in which she says greatest desire to lead the president right into impeachment. >> i have not called for the impeachment yet, he's doing it himself. i think that he is leading himself into that kind of potential -- position, where folks will begin to ask, what are we going to do, eventually we have to do something about him. clayton: waters cites the president's relationship with vladimir putin could warrant impeachment. boris slamming the left for delaying picks calling it a stunt. >> not allowing the nominees of the president for cob net seats to be concerned and i'm not confirming, he's a true judge's judge, a perfect pick. so just because the left tries to obstruct, does not mean that this president or the administration will stop.

we will continue to go full speed ahead. that's why president trump was elected. clayton: president trump now has more unconfirmed cabinet nominees than all previous presidents combined. heather: protests has reportedly -- was reportedly a staff member. screen grabs on twitter showing alleged employee talking about getting into a fight with a fan of milo, the speaker targeted targeted in protest, writing some good samaritans come and pull me off of him and as always happens in the cases, i take a couple of weak shots to the face. the tweets have been deleted and the university is looking into those accusations. in the meantime casey anthony emerging from seclusion. infamous florida mom seen in antirally in west palm over the weekend. the 30-year-old showed up

smiling and gold bracelet on. she does not support immigration policies. anthony has layed low since she was cleared in the murder of her daughter kaley back in 2011. the time now is 20 minutes new -- until the top of the hour. the dog food that could kill your canine. clayton: biggest challenge that the trump administration is facing? heather: how to get free doughnuts from krispy kreme? ♪(music plays)

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order. heather: federal appeals court will hear arguments to reinstate the executive order so where would the case go from here? attorney eric can joining us now. thank you for joining, us, first of all. >> good morning. heather: there are three judges. >> let's stipulate that the president does not have home court advantage going into this one. judges at the outset tend to be differential to lower court rulings, that's the first challenge he faces, the second is ninth circuit tends to be the most left-leaning of the courts, they are going to have it 6:00 o'clock eastern time, one hour of oral argument, over the telephone live streamed and we will get a dogs -- decision possibly as early as tonight. clayton: but sunday we had the appeals court denying the justice department's request for reinstatement of the executive order, will that carry weight this week?

>> it will, the two judge who is denied lifting the tro have going to be hearing the case this afternoon. to the extent they tip their hand, that means lawyers are going to have uphill battle today. heather: you mentioned the tro, the very narrow thing that they are addressing now. >> correct. correct, but in order to get to the question, the temporary restraining order, they do look at the con -- constitutional implications and issues that will be explored thoroughly later will be touched upon in the oral argument today. clayton: one of the things from trump's administration, kellyanne conway, vice president mike pence and the president himself is that this is national security and tieing 1952 immigration law, tell us about that, what does that mean for this case? >> sure the 1952 stature is broad. that's tempered somewhat by a 1965 amendment which bars

discrimination based on national origin in the issue of certain types of immigration visa but the executive order touches not only temporary visa but students visa, et cetera. heather: fdr, truman, obama all had similar orders and they were upheld. what about the impact to president trump's pick for the supreme court judge gorsuch? >> that's a great question. the timetable is not clear. even if the supreme court does decide to address it it's not even that judge gorsuch will be in time to participate in the argument. clayton: is that something he would have to recuse himself from? >> no, even though he's a trump nominee, unless he's had personal involvement with the litigation or if he has personal stake in the litigation, he can still sit and determine it. heather: tell us, what do you think will happen, give us our prediction?

>> if we learned in the 2016 election it's that making predictions on tv is risky -- clayton: smart. >> he will go to vegas but won't do it on tv. >> thank you. clayton: having to foot the bill for your renters to move, reality of landlords in oregon. property owners are suing, the new law requires landlords to cover moving commodities under no-cause evictions and if the renter wants to move because of 10% or more or it violates state law and posing unfair financial burden on those tenants. heather: would you stay in a hotel with a stranger? >> you're holding my hand. where is your other hand?

>> between two pillows. >> those aren't pillows. >> communal rooms, they share a common living aimed at extended families or coworkers who struggle together and may want separate bedrooms and shared living space. clayton: i like that. >> not shared beds. clayton: all right, we will be right back lexus nx turbo and hybrid. the suv that dares to go beyond utility. experience amazing.

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steve: considering coverage with deputy assistant to president trump dr. sebastian gorka, that's right, he now works at the white house. judge napolitano still works here. we will talk to him about that.

miss universe 2016 laura engram, we have all things to talk about politically, senator tom cotton and henry winkler, what is he doing these days? he's writing kids' books, back to yawl. heather: women are now being told to march off the job by this group, this is the same group that cheered for discussing statements like this. >> yes, i have thought an awful lot about blowing up the white house. heather: yes, a tweet from organizers of the antitrump women's march calling for a day without women. a nationwide strike for female workers on a date to be named later. it has been retweeted nearly 19,000 times. they are trying to capitalize on the march which drew protestors to the streets the day after the inauguration. clayton: first in nordstrom and

now nieman marcus. e-mail sent two days before yanking her merchandise. they say it wasn't political but in a leaked e-mail to employees brothers bashed immigration plan, diversed employees and customers we serve are top of mind. heather: fox business alert, urgent pet food recall that every pet owner needs to hear. clayton: cheryl casone is with a recall that could kill your dog. cheryl: very small scale, do i want to put that out there. they make hunk of beef and it's a very specific type of beef that they use. well, the supplier for the company turns out, there's some kind of bacteria that has made one dog sick enough to pass away, five dogs in total were sick, now, they believe that all of the pet food that was manufactured back in 2016 has

already been sold and ingested, so this may be behind them but they're trying to be extra, extra cautious for dog owners, they, of course, they love their dogs, so there's five sold june 6th 2016 and one dog death but we believe that the food is, you know, unless it's sitting in your cabinet expired, you should be okay. here is a map of all the states of recall, washington, california, michigan, wisconsin, pennsylvania and new york. go to the website, there are a lot of states involved in the recall. clayton: first afters drones and now they have an idea for grocery stores? cheryl: it's funny, we had talked about this before, clayton. they want to do automated grocery store, think of it this way, you walk in, pick what you need, walk out, the app is open on your phone and so just like the guy you see in the video, there's no check-out line but that means that amazon is going to open up grocery stores, we think according to reports with

as little as three employees, if you need help, sorry, there's no line, no check-out employees, fewer job but out maición. clayton: apple does this already. you can literally walk in and walk out with item and with your app it will charge you that way. cheryl: technology is there. it's just -- and so the new york post is reporting that they're actually look at opening an actual retail space that could be as big as 10,000 square feet to put this out there so with amazon anything is possible. heather: speaking of being possible, free doughnuts and this isn't just for today it's all month long. cheryl: right, we are trying to get ready for swim suit season and they throw this at us, yes, they have two new coffees at krispy kreme and they say if you come in, the specific dates february 6th and february 28th in the u.s. or canada and buy new coffees you get a free glazed doughnut.

heather: it's not 18 bucks clayton: no. i'm getting ready for bikini weather. heather: i will have one or two. clayton: patriots fans ready to celebrate this morning. heather: jessica reyes is live in the parade route, good morning, jessica. >> it's a calm before the storm. in a few hours they will watch patriots in boats. fifth time the guys are coming home as super bowl champs but never does seem to get old for them. they were greeted by fans of all anales. the mayor says they are expecting about a million people

to be out here for the parade this morning and the police commissioner does say that they will have several police officers, dozens along the route in both uniform and plain clothes keeping everyone safe. wasn't big question this morning, though, is what happened to tom tom brady's jersey. heather: are there any ideas, i thought i heard earlier yesterday morning that possibly someone who was cleaning up may have taken it but i guess that's not true because they still haven't found it. >> right, there was a post on instagram, somebody put a instagram that they had jersey, they are still trying to figure out, it does seem right now where it could be. clayton: all right, jessica in boston for the big parade.

thanks so much, jessica. it could go between half a million and million dollars. everyone know you stole it. be nice piece of memorabilia, though. dangerous new e-cigarette hack. the warning every parent needs to hear. heather: christy brinkley back in her bikini, sports illustrated issue that you have to see. why do some cash back cards make earning bonus cash back so complicated? they limit where you can earn bonus cash back to a few places... ...and those places keep changing every few months.

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clayton: it is 58 minutes after the hour. before you leave the house this morning here is what is happening today. the white house will face off on high stakes immigration order. three federal judges will listen over a conference call to determine whether did should be restored or not. if rejected the supreme court will be next. desperate democrats staging all night senate sessions to derail today's confirmation hearing of nomination nominee betsy devos. the vote likely to happen at noon. looks like it's headed for a 50/50 split. mike pence is honored to be

the tie breaking vote if need be. search warrant issued in a fraud case. the social media site says it has a right to challenge request for a user's personal information. lower courts says that challenge needs to come from the users themselves. heather: time now for the good, the bad, and the ugly. first the good, 63 years old christie brinkley proving she has still got it. legendary super model back in a bikini maggie this time making it a family affair. her two daughters joining her in a picture shot caicos and turks. young ecigarette smokers called dripping take the victim poor rising pen apart. direct it on to heated coil and inhale the vapor, it makes for a more powerful hit of nicotine while unknown health consequences occur. finally the ugly, the patriots won the super bowl, but some "boston globe" readers may

have thought otherwise. early editions of the paper suggested the atlanta falcons won the big game. oh no. clayton: all the people who went to sleep and regretted it like this one. "fox & friends" starts right now. have a great day at home. heather: bi. >> this is a fox news alert. fox news confirming a moment ago we're hearing from the appeals court, the ninth circuit in san francisco. it has ordered one hour of oral arguments tuesday. >> 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. [cheers and applause] >> why do the democrats oppose, oppose, protecting americans from violent foreign criminals, why?