"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? >> because they think that's

their -- >> i have not called for the impeachment yet. he is doing it himself. >> radical islamic terrorists are determined to strike our homeland. it's happening. it's gotten to a point where it's not even being reported. >> president trump sitting down with some enlisted troops at mcdale air force base. >> tom brady lamented his place, right? he did a great job. >> if it shows up on ebay somewhere, someone let me know. try to track that down. steve: he is back from the super bowl,. brian: , we are so confused because tom brady's equipment was missing and the then the equipment manager said i put it in his bag and then it's missing again? ainsley: here is my question as a sports guy how will they actually know it's his jersey. does he put something in the tag? brian: it will smell like him. everybody knows what tom brady

smells like. bottle it up and smelling in boston. steve: old spice that's him ainsley: called sweat. brian: greatest come back in history. see bob kraft he's like i can't find meijer'sy, really? fine, check online. steve: if you are bob kraft what would you rather have your jersey or that tiffany trophy right over there, buddy? ainsley: as a parent he is thinking i have got to give this to my son one day. brian: he has so much though. ainsley: this is the jersey that broke his record. he wants to keep that. brian: symptom brady has so much to choose from. plus, that kid. ainsley: funny thing is after all the news happening this week and last week e this is the thing that everyone is talking about. steve: this is better. the other stuff is pretty serious. ainsley: true. brian: one thing soccer changersy at the end of the soccer game some the best players so do you want meijer'sy they wear each other's stuff.

odd thing and embarrassed about as a soccer player. i don't mind sweating but i don't want to smell like another guy's sweat. >> yuck. ainsley: wear another guy's jersey and you will smell better. brian: what's the big deal. steve: as soon as they locate it will be a big deal. brian: not the baseball team. you do not want the baseball team helping you find stuff. ainsley: not the hockey team either, right? brian: please keep the hockey team out of it the white house will face off on high stakes hearing on immigration order. ainsley: president trump demanding it be restored immediately so we can keep america safe. steve: griff yenins joins us now why this could wind up before the supreme court, griff? >> good morning. we don't have the jersey here but we do have that popcorn ready for that showdown in san francisco this afternoon before the ninth circuit of appeals at the federal government defends travel ban executive order.

the department of justice arguing in a filing yesterday that the president has, quote: expressed statutory authority to suspend entry of any class of aliens to protect the national interests. and, he says, or they say, that the purpose of this ban is to permit an or did hely review and rescission of screening procedures to ensure that adequate measures are in place to protect against terrorist attacks. central command in tampa yesterday. president trump 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 are allowed in. not people who want to destroy us and want to destroy our country. [cheers and applause] >> he also took to twitter making his case writing the threat from radical islamic terrorism is very real. just look at what is happening in europe in the middle east.

courts must act fast. in that they will. all eyes will be on that ninth circuit of appeals today. all arguments the 6:00 p.m. via telephone. most expect this will ultimately end up before the supreme court possibly as early as the end of this week or early next week, guys? steve: things going fast in diamondback. griff, thank you very much. on this ninth circuit of appeals. there are two democrats. one appointed by jimmy carter and one by barack obama and one republican appointed by george w. bush. so, you know what? but the law is very clear. if they don't reverse course on where we are right now, clearly it's political. and last week we heard from that judge robart out in western washington state, a question that was very political, which is disturbing. ainsley: he sat down, the doj was asking him it he was actually asking the doj had there been any people in those seven countries that had been arrested.

listen to the doj's response. we will talk about it. >> how many arrests have there been of foreign nationals for those seven countries since 9/11. >> your honor, i don't have that information. >> let me tell you the answer to that is none as best i can tell. so i mean, you know, you are here arguing on behalf of someone that says we have to protect the united states from these individuals coming from these countries, and there is no support for that. brian: there is a couple things to say if you are without the legal training to be presenting your case on the part of the justice to that judge can you see listen, judge, these are broken nations. they are terror-laden nations. these are the percentage that are taste, subscribe to two or three terrorist organizations. this is what we have been listening. go back in your chambers and show you the potential danger and go over to europe and see what's happening and understand their target. kellyanne conway heard this said guys, can you do me a favor can you actually pick up this story in the a.p.?

because in this story has examples of terrorists coming over here and targeting us. listen. >> this is such an important thing for everybody to know because the judge from the bench had asked the attorney how many people have actually been arrested under this type of order. and she said i don't know. and he said i will tell you zero. that's just not true. steve: the key is the word arrested. the judge made -- well, he was thinking what about the people who attacked the boston marathon or san bernardino or any of those places. he said simply arrested. the associated press, eric tucker at a.p. did some fact checking and the judge absolutely wrong and there are a number of instances. ainsley: this is what the a.p. found just last october iraq refugee living in texas pleaded guilty to attempting to provide support to the islamic state group he wanting to blow himself up in an act of martyr dumb. >> a.p. goes on in november somali refugee injured 11 in a

car and knife attack at ohio state university. the main problem is and the main difference is over the last 8 years when things like this happen, the story just crater he is because the administration doesn't get behind it don't take action because of it they actually look to push it away. that is the approach of the last 8 years. the previous 8 years was totally different to the point where people were saying george bush is looking to jack up his approval ratings by looking at all the terror opportunities. >> in that sound bite as best can i tell. is he wrong. a.p. did the fact checking. those were just two exeamples that we read. brian: true. ainsley: and my opinion is why -- why even risk it? all it takes is one person. these are countries that are terror ties. steve: sure. brian: ainsley, to build on what you say not even say don't come. want to ask you extra questions to make sure you are the person you say you are. steve: under reported -- we have reported a lot of these things. but a lot of the other

mainstream outlets don't even touch this stuff. ainsley: mainstream media, i was watching another network, they were showing the example of a family refugee. they sent their son-in-law here who was a burn victim a little boy and he was trying to get care here and they were stuck over there because she was pregnant and she couldn't travel. her baby was born. she was trying to get to her first son and she couldn't. yeah, my heart goes out to those individuals. i agree with you it's a case by case basis. all he wants to do is say hold on, let's take a pause for a minute and figure out how we want to do. this i'm not saying you can't come into this country. i just want to make sure people coming in is safe. steve: that sounds like a case where the mother should be with the child. broirl sat down with the president. most of it aired during et super bowl. you saw 9:5 on sunday. he went on to do extended interview. here is bill o'reilly talking to the president about illegals. >> why do the democrats oppose, oppose, protecting

americans from violent foreign criminals? >> because they think that's their voter. steve: so they think that's their voter. got another sound bite we want to play for you given that. here is the senate leader out in california, a democrat by the name of kevin dale daleon. what he is about to admit is extraordinary. is he about to admit that half his country is in the country illegally with fake drivers licenses and social security cards as well. felonies all. listen to this. here is the leader out in california. >> i can tell you half of my family would be eligible for deportation under the executive order. because if they got a false social security card, if they got a false identification, if they got a false drivers license prior to us passing ab 60, they got a false green card. anyone who has family members, you know, who are undocumented

knows that almost entirely everybody has secured some sort of false identification. that's what you need to survive, to work. they are eligible for massive deportation. brian: because they don't belong here and they should be eligible for mass deportation. and until they can get -- i don't think they will be targeted initially. that's a totally different thing. steve: that's fear mongering. brian: they say as much as everyone is talking about the ninth district. today we will find out later and heart cases being liberal. i thought krauthammer made a great point and he made a point made by judge napolitano. it is so obviously constitutional for president trump to do what he did, he would not be surprised if one of the liberal judges went to his side. steve: it's clear. one thing regarding that senate leader in california. he is talking about his family having fake social security cards and fake drivers licenses. that's how you vote. is donald trump right about that? ainsley: that's what donald

trump was saying. steve: we don't know the numbers but there is going to be -- mike pence is going to head that up. we heard that from brian's interview e it's 6:12 here in new york stock exchange. today heather childers has the news. head let busy day. let's start with a live shot. this is from the senate floor democrats staging all night session grill education nominee betsy devos. >> keep in mind, she is the least qualified nominee in a historically unqualified cabinet. >> well, the white house says that devos is an unbelievable champion of education. two republican senators. they're set to vote against her in a potential 50/50 split. then mike pence would deliver the tie breaking vote. the military pushed to the breaking point. that's what you will hear from top pentagon officials today. they're headed to capitol hill to fight for a 30 billion-dollar budget. this just one day after

president trump promised new equipment at mcdill air force base. >> and we're going to be loading it up with beautiful new planes and beautiful new equipment. we have been lack ago little equipment. we are going to load it up. you are going to get a lot of equipment. believe me. heather: money is expected to help pay for new fighter jets, armored vehicles and typically prove training. manhunt underway right now for an armed and dangerous pair accused of murdering three people. billie jr. and mary wright suspected of killing two women in the florida panhandle and one in alabama. they are also wanted for breaking into a florida home and shooting a mother with her baby just steps away. that woman is in critical condition. she hahe has told people he will not be taken alive. convicted drug dealer back behind bars one year after his life sentence was commuted by president obama. robert martinez gill busted with two pounds of cocaine

after a high speed chase in texas. he now faces up to 40 years in office. while in office obama commuted 715 sentences. more than any other pet. and those are your headlines so far today. very busy. steve: indeed. in fact we have another fox news alert. could parents be hiding in plane site at our nation epps airport. disturbing new report coming up insider threat. brian: you saw the ad. 84 lumber slamming donald trump's border plan. why did s. big business spending so much to go after him. stuart varnly says they are playing with fire. is he going to say something else because we booked more time ♪ just like magic ♪ i'll be flying free ♪ ic, widespread pain drained my energy. my doctor said moving more helps ease fibromyalgia pain. he also prescribed lyrica. the result of overactive nerves. lyrica is believed to calm these nerves.

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brian: it was one of the super bowl's most controversial commercials. do you remember this? an ad for 84 lumber showing a mom and her daughter in mexico, it seems, trying to sneak across the border only to be met by a big bad wall. while the young daughter clutch as tattered american flag. a direct shot at president trump some say. and it wasn't only spot to take a jab at our commander-in-chief subtly. why is big business spending big bucks to go after our big president? stuart varney is the host of varney and company in the fox network. it start at 9:00. goes until 12. stuart, what's the tactic here? >> okay. some of the biggest companies in the world, big american technology companies are

lining up against president trump and they are focusing on what's called the immigration issue. silicon valley, the big tech companies, they are desperate for more visas for foreign workers. mr. trump opposes that. so you have got a clash. now, big companies are getting political overtly political. taking enormous risk in doing. this because, in many ways, they have politicized business and they are really pointing voters in the wrong direction. they are deliberately confusing this immigration issue donald trump wants to have temporary travel restrictions imposed on some people coming to america. brian: seven nations. >> seven nations. that's testimony the big corporations are saying oh he hates immigration. he doesn't like immigrants. he is opposed to immigrants. this is false dichotomy here. it's a false argument. a huge risk here. brian: 50% of the country saying they are taking a shoat

at our president we are going to avoid that company. big picture, if you can provide security at the borders, the rest of the stuff can be worked out and in back rooms. it's not going to be as nearly as controversial. >> you now have a very public, very well organized opposition to president trump from big corporations, the left in general, democrats, and the media. brian: right. hey, stuart, we're going to watch you on this topic and so much more from 9:00 until noon this morning varney and company. >> thank you very much indeed. thank you. brian: casey throne back in the headlines. you will never believe where she was just seen. we all know what president trump thinks of the mainstream media have you heard? >> as you know, i have a running war with the media they are among the most dishonest human beings on earth. [laughter] brian and the crowd roars. is the crowd right or totally off base? brian we'll analyze ♪ i don't care

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♪ ainsley: here is some headlines for you. another democrat defying orders from the white house. declaring sanctuary for illegal immigrants. this syrian born muslim says he is following national because is he an immigrant. he also says there is nothing to lose since his city doesn't rely on federal funding. virginia lawmakers want to hold sanctuary cities responsible. state senators approving a new ball to allow people to sue if they become a victim of illegal's crime. it is intended to help

families like kate steinle's who was murdered by illegal in san francisco. her parents tried to sue the city, but they were unsuccessful. steve? steve: thanks, ainsley. in just the first three weeks of his time in office. president trump has dominated the news cycle. have you noticed? but has all the coverage been fair? that depends. a new poll claims republicans and democrats could not disagree more. 74% of republicans say the media has been too tough on trump and 49% of democrats say not tough enough. so which one is it? joining us now for a fair and balanced debate. peyton is screen left. and journalist and author cathy arrow. good morning to both of you. >> good morning. >> so, cathy, you say that the coverage the mainstream media has given donald trump absolutely fair. >> absolutely fair. it's the media's job to be every man. we're supposed to go in and ask the questions that the average person wishes that they could ask a president.

that's why the media has access. and when you catch the commander-in-chief and his administration lying about the inauguration numbers, apprentice ratings, the bowling green massacre, you have to call them out for it. we have to fact check. that's what the media is supposed to do. steve: kathy, you know that kellyanne conway misspoke volving the bowling green massacre. there were terrorists from bowling green sitting in prison right this minute. she said massacre when she said terrorist cell and been just as accurate. >> three times she said it. it wasn't just one time. >> all right. fine. what do you say, bree? >> i would say i definitely agree with cathy that it is the media's job to hold politicians accountable and call them out when they lie. it's not the media's job to lie themselves. last week the associated press literally told that's donald trump was going to invade mexico. you know, and the media also told us that donald trump was going to lift sanctions on russia when it was actually a technical fix that pomp had

put in place before he left office. so you know i think it's very clear that the media is just upset that their quinn was -- they are acting like crazed baboons and going after all these dumb distractions as cathy pointed out. they are doubling down and focusing on dumb things like the apprentice rating numbers when they really should be talking about the u.s.' relations with russia and shouldn't be lying about it like they did last week. steve: cathy, how do you feel about the mainstream media's coverage of president barack obama? do you think that was tough and inquiring? because a lot of people have said that just in the last three weeks the mainstream media woke up. hey, we have been asleep for the last 8 years and now we going to started asking the president hard questions. >> actually people think the media woke up so they weren't tough on trump. >trump. steve: i are saying they didn't wake up during the election. >> during the election they were not taking trump sear usely. that's why the media was asleep at the mayle wheel. brian: the put donald trump in

a clown suit. >> they didn't take him seriously and should have taken him more seriously. that was the problem. they were asleep at the wheel with that election but i don't think with obama. they reported things accurately when obama was in office to. have a president now bragging about apprentice ratings is silly and crazy and how county media not report that. steve: all right, bree? final word. >> right, well, i think it's very clear that during obama's tenure he lied repeatedly. he repetaed the lie all the time that if you like your health insurance, you can keep it when that's completely untrue. my family personally has lost the health insurance they wanted because of that lie that the media helped them perpetuate and obama ben rhodes even bragged about how the media acted like eager lap dogs willing to repeat the lies about the nuclear iran deal. very clear the media was very easy on obama all through the his tenure in august. now it's clear the reverse is true. the media is interested in

serving liberal elites in office. steve: folks out there in tv land, what do you think? email us, facebook or tweet us as well. thank you very much. >> thank you. steve: coming up on this tuesday, nordstrom says it pulled ivanka's clothing line over pour sales. this morning ivanka is revealing evidence it was all about politics. hmm nordstrom, nordstrom, nordstrom. remember when hillary clinton said this. >> just to be grossly generalistic you could put half of trump's supporters into what i call the basket of deplorables. steve: that basket of deplorables line struck todd starner so hard he wrote a book about it deplorables guide making america great again. happy birthday to garth brooks. he is 55. the double nickel ♪ my blues away ♪ and i'll be okay ♪

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>> you c trump's supporters into what i call the basket of dee deplorables. [laughter] right? the racist, sexist, xenophobic, islamophobic. you name it and, unfortunately, there are people like that. he has lifted them up. brian: do you know what you don't hear that? the sound of a car crashing. that was the beginning of the end of hillary clinton. steve: todd starnes is the author of brand new book that comes out this week called the deplorables guide to making america great again. so, todd, how big an impact did that sound bite impact hillary clinton? >> i think it was huge. i think that may have been the

deciding factor for a lot of folks around the country. very similar to what president obama said back in 2007 in san francisco about the folks who cling to their guns and cling to their religion. called them bitter. and now you have hillary clinton calling us deplorable. as i write in the book i'm proud to call myself i'm proud to be one of those gun toting bible trumping deplorable. brian: i can't tell you how many time people would say i'm a door deplorable. ainsley: t-shirts. brian: people took pride. >> we had book signing degree robert jeffress church in dallas. guy came up to me i'm puerto rico deplorable. gave me a fist bump. people embraced what was meant as a smear and they have embraced that as sort of a badge of honor. ainsley: you are very traditional and proud of that and love your traditional values and when this country stands for. you love ronald reagan and compare president trump to ronald reagan. what is it that our country needs to do to get back to the

traditional values. >> i interviewed franklin graham answered said the country was at moral tipping point. a lot of people believe divine providence was at work from this election. there is really no other answer for it i believe we have been given second chance and god is not finished with america yet. that's why i believe donald trump is in the white house. steve: as a professional broadcaster. how would you like to read an expert out of your book? >> i think i can handle this. steve: just a randomly picking something out what's it regarding? >> this is regarding a promise that president obama made back on the campaign trail a long time ago and the result of that. steve: okay. go ahead. >> in 2008, president barack obama promised to fundamentally transform the united states of america. and less than 8 years our former president turned the most exceptional nation on earth into a vast waste land of perpetually offended snowflakes. we have gone from the greatest generation to the entitlement generation.

brian: and we can't afford to be the entitlement generation. our money is running out. >> you are right, brian. you are absolutely right. steve: once again the book comes out today officially. >> the book is out today. we have awesome website deplorables book.com. apparently there are really a lot of deplorable people across the fruited plain. brian: have you one of the popular syndicated columns out there today. good job. >> thank you very much. o. ainsley: when did you buy that url. >> i should have thanked hillary in the acknowledgments. thanks, guys. steve: time with news with heather. heather: a news that is really scary. fox news alert. sounding the alarm at our nation's airport. the house homeland security committee uncovering scathing security flaws that put americans at risk for lone wolf attacks. the committee finding that 900,000 people working in airports across the country can bypass normal security screenings. in 2015 an investigation

uncovered 73 aviation workers with possible ties to terrorism not found in their background checks. the tsa says it is reviewing the reports. and an urgent pet food recall to tell you about. ehave. a. in ger's euthanasia drug in. so supply. illinois company said five dogs gotten sick one of them was killed. recall effects 15 states. cans sold in stores and online last june. evanger's believes all of the affected food has already been sold or eaten. casey anthony remember her seclusion to protest president trump. infamous mom was found at anti-trump. showed up smile with backwards baseball hat and glow bracelets on. once accused killer says she does not support the president's immigration policies. she has laid low since she was

cleared in the murder of her 2-year-old daughter kayly in 2011. ivanka trump coming out swinging after nordstrom yanks her merchandise from store shelves. claiming that the move was not political. this despite mounting pressure from protesters to boycott all trump brands. well a spokesperson for the first daughter slamming the idea that poor sales are to blame. adding this, quote: the strength of a brand is measured not only by the profits it generates but the integrity that it maintains. neiman marcus also pulling her merchandise and now macy's is reportedly filling the pressure from wallet warriors. we will see what they do e. brian: people want it go online anyway. how much do you shop online. ainsley: a lot. brian: do you think you represent a lot of women? brian: a lot of the women that you know? ainsley: i know that are so mad about this they are boycotting nordstrom. but her price points are good. her these are great. steve: my daughters have her boots. ainsley: why would you not buy her brands because her dad --

you don't agree with her dad? steve: in order trump says it was because of lagging sales. turns out there president of nordstrom. the nordstrom family, they put out a statement attacking trump's immigration plan two days before they cut her line. brian: on twitter. hasten the end retail. push more people online. ainsley: pro-equal pay for women. the woman running her company is a single mom and she has employed more women in her company. steve: right. there you go. brian: janice dean, how much do you get paid? steve: is he kidding. janice: that's not an appropriate question. ainsley: that has nothing to do with what we were talking about. janice: brian's middle name not appropriate. ainsley: make sure paid more than you, janice. janice: fair enough. i will take cream in my coffee, brian. ainsley: take a look at my maps. we have a storm across the northeast and the northwest. we have severe weather that could interrupt travel across the mississippi river valley

and that's where we have our tornado actually a severe thunderstorm watch in effect and unfortunately my maps are not cooperating. but i can tell you that it is going to rain and sleet and snow on the patriots parade today. that's happening at 11:00 a.m. we will watch the potential for a big winter storm all along the i-95 corridor wednesday into thursday. a lot to talk about. i will make sure that i fix my maps for my next weather update in the next hour. brian, steve, ainsley, back to you. steve: all right. thank you very much, janice. so it is going to rain and sleet on the patriot's parade. he could really use that warm jersey today. brian: whoever has it give it back. please, enough. he has been through enough tom brady. he doesn't need this type of stress in his life. ainsley: he has had a rough go at life, right? brian: things could turn around. steve: jill could get him a new one. brian: gizelle is begging him to retire. he says he doesn't even get

sore in the morning. steve: he has more gas in the tank. meanwhile, coming up, speaking of tanks, a car company used the super bowl to make a statement about gender equality. did you see this audi ad? >> what do i tell my daughter? i do tell her that despite her education, her drive, her skills, she will automatically be valued as less than every man she ever meets? steve: what a pro-woman message. guess what? audi's management board all men. they are talking about that today. ainsley: okay. and today legal showdown over trump's immigration order. could the court actually block the president from keeping the american people safe? judge napolitano breaks it all down for us. come on, in judge. ♪ move along ♪ like i know you do ♪ and even when you your hope is gone ♪ move along ♪ move along ♪ got to make it through ♪ move along ♪ it's never been easier.

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ainsley: all right. well today an appeals court will hear arguments on the president's executive order limiting immigration from seven countries with ties to terror as liberal activists push to have it overturned. here to break it all down for us fox news senior judicial analyst judge andrew napolitano. good morning. we were on air apparently and didn't know it. >> we have an application in a federal court in seattle to hold a trial about whether or not the president is improperly interfering with the lawful right of people to enter, people with green cards, people with visas, people with medical conditions who obviously are not terrorists and have the right to come here. and these people go to the state of washington. the government of washington. the government of washington files a lawsuit on their behalf and they persuade a federal judge to stop the enforcement of the executive order while they have the trial. and the federal judge makes

conclusions which, in my view, are inappropriate for a federal judge to decide. ainsley: like what. >> basically second guesses the president. he says to the lawyers for the justice department can you show me any terrorists that have come in from those seven countries. he looks at them and says none. now, that is factually incorrect. ainsley: correct. >> but also inappropriate area of inquiry for a judge. the judge's job. that's a picture of him, judge robart. the judge's job is to see if the constitution was followed, not if the president made the correct judgment. so he signs the executive order banning the -- he signs his order invalidating the executive order not just in seattle but everywhere in the united states. ainsley: um-huh. >> then the justice department appeals that. that's the appeal that will be argued by telephone. ainsley: by those three judges today. >> one in phoenix, one in san francisco, one in hawaii. that argument will be argued tonight, 6:00 eastern by telephone. i don't think we have a ruling

until tomorrow morning because this court reduces to writing the reasons for which it does everything. and it's going to take a few hours. ainsley: i know the court has had different nicknames. known liberal court. three judges. two liberal, one conservative. >> i will push back on predicting the outcome here on the basis of the politics of the members of the court. ainsley: they should just be reading the law and interpreting. >> one of them know will do that he is my boyhood friend and classmate cliffton. what a job. he sits in hawaii. god bless him. i think the court is going to do the following. that's judge solidifyton all the way on the right. ainsley: is he the conservative one? >> yes. put aside his politics he is and other two as well devoted to the law. couple principles here. you not supposed to go into federal court and file a lawsuit unless you have been harmed. has the state of washington been harmed as a state? answer, no. you are supposed to have the

people who have been harmed. somebody who tried to come in to have the heart transplant, operation. i'm giving you a hypothetical example and couldn't get in because the president imposed the ban. that person would be an appropriate plaintiff. but not the state of washington suing on behalf of others. so you can't file a lawsuit just because you disagree with the person. ainsley: "yes" or "no," will this go to the supreme court? >> i don't think so. i think this court is going to throw it out tomorrow morning. the executive order will be enforced in an orderly way and the president will move on to his next project. ainsley: that's what the president is looking for. >> the law is on the president's side. ainsley: thanks, judge. >> you're welcome. ainsley: starbucks promised to hire 10,000 refugees. how is this in response for that meet the green beret promising to hire 10,000 veterans. audi getting a lot of pressure about gender equalities. does the company actually practice what they preach? carlie shimkus is here on that coming up next.

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>> put it in my bag and then i came out and it wasn't there anymore. so, it's unfortunate, because that's a nice piece of memo more beal i can't. so if it shows up on ebay somewhere, let me know try to track that down. brian: he is obsessed with his shirt. ainsley: i thought it was taken out of his locker. it was in his bag and someone got it. steve: a fox news alert. brian: it's the million-dollar question on everyone's mind where in the world is tom brady's jersey. it's been missing ever since the patriots won the super

bowl. texas rangers who wear uniforms now helping police with the search. steve: that's right it's worth half a million dollars in memorabilia fees. it won't stop patriots fans from celebrating today. team's victory parade set to kick off in boston rainy day. meanwhile #not my super bowl trending by liberals slamming the patriots for their ties to the president failing miserably this morning. wait until you hear how. ainsley: here with more on today's top trends 24/7 reporter carlie shimkus. people are mad that the patriots won just because tom brady and the owner are friends with donald trump. >> looks like people can't accept the results of the super bowl either. that #not my super bowl champs skyrocketed to the top of twitter's trending section. at prison planet breaking jill stein announces demands for

rematch because russia hacked the football. send her lots of money #not my super bowl champs. palm pilot not my super bowl champs i just heard that starbucks is hiring 10,000 falcons fans. #safe space. joe tweet since the falcons led for most of the time, shouldn't they be the winners? [laughter] #hillary logic. shout out to joe, too. steve: they had the popular. >> beginning. brian: let's talk about audi and what's going on with their commercial as they try to make a big deal that they claim there is no equal pay in this country. >> we have a clip of it. >> what do i tell my daughter? do i tell her that her grandpa is worth more an than her grandma. do i tell her despite her education, her drive, her skills, her intelligence she

will automatically be valued as less than every man she ever meets? >> yeah. here is the big news this morning. it turns out that audi doesn't hire very many women. just 22% of the company's employees are women and only 12% of them are in the senior management. steve: here are the important numbers. on the u.s. management team they have two women. but on audi's global management brand they have zero women. this is a big story. brian: hypothetically they might pay them equally they hired them. >> they do pay the women they have on their steaf equally. steve: if they hire them he. ainsley: 2 out of 14. brian: do you know what the commissioner and new england patriots when it comes. ainsley: you are asking her like she wouldn't know because she is a woman. >> i'm leaving. brian: deflate gate they felt the commissioner treated her too harshly. feelings came out in a t-shirt?

>> let me just simplify this for you. patriots defensive coordinator poo seen getting off a plane wearing this shirt portrays roger goodell as a clown. isn't the only shirt going viral online today. this one as well. you know, i tweeted at roger goolgd recently. i asked him why the super bowl wasn't on a saturday. for some reason he never goat back to me. he. steve: super bowl saturday? brian: have sunday to recover. >> exactly. steve: meanwhile, coming up on this tuesday, the judge blocking president trump's immigration order says no refugees have been arrested regarding terror in america. but you know what? that's not true. sebastian gorka who now works at the white house will run down the facts coming up in 15 minutes. brian: hillary clinton is out of the woods and back in the headlines. she just made a tape ♪ out of the woods ♪ are we out of the woods

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stronger or longer what pain? advil. brian: hours from now the white house will face off high stakes hearing on immigration order. >> but we do have our popcorn ready for that showdown in san francisco this afternoon before the ninth circuit of appeals. >> 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? >> because they think that's their voter. >> i've not called for the impeachment yet. he's doing it himself. >> radical islamic terrorists

are determined to strike our homeland. it's happening. it's gotten to a point where it's not even being reported. >> president trump sitting down with some enlisted troops at mcdill air force base. >> tom brady lamented his place, right? he did a great job. >> if it shows up on ebay somewhere, try to let me know so we can try to track that down. ♪ half way there ♪ living on a prayer ♪ shake my hand ♪ we'll make it i swear. steve: if somebody does put the jersey on email? what do you think? 25 seconds later the cops show up? brian: at this point the mona lisa. steve: wait, is it missing too? brian: it could be taken in some naked gun sequel it could be taken. ainsley: everyone is talking about the jersey. the jersey is policing. we were getting different reports yesterday. steve: right. it was very clear yesterday that the equipment manager put

it in his bag for safekeeping. not true. was that the same equipment manager who supposedly deflated the balls? if it was poor guy. brian: i don't think tom brady will do that again. do i remember -- i do think it's important to point out that tom brady and joe montana are so similar and he worshiped joe montana both known grew up used to watch the 49ers play. joe montana was so calm under pressure he famously said in the game winning drive against the cincinnati bengals he saw how nervous his defensive lineman. hey, harris see who that is over there it's john candy. get his mind off it. tom brady to win and off of this come back i can't find meijer'sy. it's such a non-non-seq. non- >> steve: tom brady dad where does he get this calmness? the mother.

the mother battling cancer. ainsley: he has experience. he has been to the super bowl a number of times. steve: he sure has. brian: didn't get caught up in lady gaga. steve: hours from now, the battle over president trump's immigration order coming to a head in a high stakes hearing on the telephone. brian: all right. the white house demanding it be restored immediately to keep american safe. ainsley: griff jenkins is live in d.c. why this might be seen as a standoff in the supreme court. hey, griff. >> good morning. the stage is set for showdown in san francisco before the ninth circuit of appeals later today. the federal government will argue that the travel ban is all about national security. the states will argue that it's unconstitutional. the president was making his case yesterday at central command in tampa. >> 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] >> in a file yesterday, the department of justice argues that the president has, quote: expressed statutory authority to suspend entry of any class of aliens to protect the national interests. and it says that the purpose of the ban is to permit an orderly review and revision of screening procedures to ensure that adequate standards are in place to protected against terrorists attacks. president trump also took to twitter yesterday, making his case writing: the threat from radical islamic terrorism is very real. just look at what is happening in europe, in the middle east, courts must act fast. and act they will. possibly very fast. oral arguments begin today at 6:00 p.m. eastern. as you mentioned on the phone. the ninth circuit expected to rule quickly. actually regardless of the outcome, guys, most expect this will ultimately end up before the supreme court,

possibly as soon as the end of this week or early next. steve: all right trump -- trump. [ laughter ] thank you very much. i was going to say trump spokesperson sean spicer says the judge has gone rogue in this but, instead my tongue went rogue. brian: it's unbelievable. steve: thank you, trump. brian: we're not constitutional attorneys and basically during this entire process we almost needed to retainer talking point. steve: luckily we do. brian: judge napolitano is full time. he gets full benefits, i believe here. ainsley: he has an office. brian: plus he has another job. i don't know if he turned down our healthcare. here is judge napolitano talking about the constitutionality of this, regardless of what he believes. >> i think that this court is going to degree it out tomorrow morning. ainsley: okay. >> the executive order will be enforced in an orderly way and the president will move on to next project. ainsley: that's what hoping for. three judges in the ninth

circuit, they're in different states. they are going to have a phone conversation at 6:00 p.m. eastern time tonight to discuss this. it's going to be an hour long conversation and decide whether or not trump's executive order is legal or not. steve: it's going to be a conference call. of the law the judge was just talking about there 1952 statute. what it says is the president has the authority -- lehrly says the president has the authority to suspend any immigration of anybody for reasons of public health, public safety or national interests. brian: guess who else jimmy carter. did the same thing when it came to iran in 1979. ainsley: several nicknames. ninth circuit. nutty nine someone of their nicknames and ninth circus. they have two liberals and one conservative. but judge napolitano is say going you just read the law, you're not supposed to -- your opinions are not supposed to influence your decision. he said if you read the law, you are right, donald trump is clearly within the law. steve: if they don't reverse

this judge, it's clearly political. and that's bad. and it kind wind up before the supreme court. although they say if the state of washington wins, the supreme court probably will take the case. but if it's thrown out, the supreme court probably won't take it because they will just say we agree. brian: on a different note. bill o'reilly's interview was 40 minutes. you saw about 9 super bowl sunday. more last night and more tonight. one area we wanted to bring to you is when bill o'reilly asked donald trump about his relationship with the guy we thought was bitter up until they had a chance to meet. here is donald trump's take on what he believes barack obama -- how barack obama feels about him. >> always fascinating to watch you at the inauguration with barack obama. you guys seem to get along. all right? would that be accurate? >> it's a very strange phenomena. we get along. i don't know if he will admit this. but he likes me. >> how do you know that. >> i like him. because of i can feel that. that's what i do in life.

it's called i understand. we had a rough campaign. he was fighting better for hillary than she did. he was vicious during the campaign toward me. and i was vicious toward him. we said horrible things about each other. and then we hop into the car and we drive down pennsylvania avenue together. we don't even talk about it. politics is amazing. >> what did you talk about. >> we talked about the country. we talked about the future of the country. i asked him about what do you think our biggest problem is and he told me. i can't tell you but it's a problem. it's a military problem. >> china. >> no. it's not china actually. but he did mention because did i ask him. i said what would you say number 1, 2, and 3 problems are? and the number one problem that he felt i was a little bit surprised but i fully understand. >> you can't tell us. >> i can't do that i can't do that. not for any other reason other than i don't think he would mind if i said it, i don't want to let that particular

place know that that's the way or i feel. but, we had a great -- it was a great inauguration. i loved evidence minute of it. and i got along with him. in fact, people were sort of surprised. i finished. i turned around. he was smiling. i was smiling. steve: s that fantastic. brian: he said you excore greated him in his inauguration speech. steve: he is standing 5 feet away. brian: why do you think he likes you. steve: other tantalizing thing from that particular sound bite barack obama told donald trump throw is a military problem with a certain place. and he said china? and he said not china. i wonder what that place is? is it a country? ainsley: after that interview he had guests on and guessing what country that might be. one guest says pakistan another said north korea. steve: somebody in washington who know as secret donald trump didn't spill et beans keeping that in confidence. brian: it's always better even when former presidents get along.

when bill clinton and george bush got along i think it's great. heather: from people getting along and putting politics aside. we have some that definitely are not. they have been going at it all night long. let's go live to the senate floor for you. the democrats are staging that session. it has gone on all night. their goal to derail today's confirmation of education nominee betsy devos. >> difficult to imagine a worse choice to head the department of education. heather: well, the white house calls devos saying she is unbelievable champion of education. two republican senators though collins and murkowski are set to vote against her setting up a potential fifth/50 split. vice president mike pence could deliver the tie breaking vote. a manhunt underway right now for armed and dangerous pair accused of murdering three people. billie boyett jr. and rice are suspected of killing two in the florida panhandle and another in alabama.

also charged with breaking into a home and shooting a mother her baby just steps away at the time. that woman is this critical condition. boye it te has told police he will not be taken alive. women now being told to march right off the job by the same group that cheered for disgusting statements like this. >> yes, i have thought an awful lot about blowing up the white house. >> a tweet from organizers of the anti-trump women's march calling for a day without women. it would be a nationwide strike for female workers. they have not yet decided on a date. and finally, at 63 years old christie brinkley is proving she has still got it legendary supermodel back in the bikini for this year's "sports illustrated." yes. actually a family affair. those are her two daughters. 31-year-old alexa and 19-year-old saylor. they all look the same age, don't you think? the magazine, brinkley thranked the magazine, quote:

we do not come with expiration date. it hits news stands on friday. steve: she might be on the cover. and apparently thank you, heather. there is a story out today that apparently kate upton wanted the cover she is steamed she is not on the cover. brian: you know why she isn't she is a drama queen apparently. steve: i wasn't going to include that part. brian: was that bad i said it. steve: they didn't call her in the paper. ainsley: not sure about that. steve: they didn't call her drama queen. they called her a diva. brian: is it the same thing, ian. ainsley: christie brinkley hands down. so gorgeous. what is her secret. brian: is that a problem for women to see a woman that age that great? ainsley: i'm proud of her. brian: men don't like to see other men aging better. steve: really. ainsley: only people that have a problem jealous women or people insecure or diva he is.

steve: thank you christie brinkley for showing up and giving us another talking pointed. meanwhile straight ahead, the breaks news, the judge blocking president trump's immigration order no refugees have been arrested for terror in the united states. do you know what? he is wrong. sebastian gorka who now works at the white house will run down the facts from the white house. he is next. ainsley: change the memorial all because of a crawl. but this morning, there is a big update. ♪ keeping the faith ♪ yeah, yeah, yeah ♪ keeping the faith ♪ yep. greatness deserves recognition. you got any trophies, cowboy? uh, yea, well, uh... well, there's this one. "best insurance mobile app"? yep, three years in a row. well i'll be! does that thing just follow you around? like a little puppy.

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♪ ♪ >> isis is on a campaign of genocide committing atrocities across the world. 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 report it. they have their reasons and you understand that. steve: there you have president trump blasting the mainstream media for underreporting many attacks around the world. the press asked for proof and they got it the white house provided a list of 78 attacks they claim the press has barely covered. joining us right now is deputy assistant to president trump dr. sebastian gorka.

he joins us from the white house. good morning to you, dr. gorka. >> good morning. > steve: so president trump reported yesterday these are under reported things. we have tried here at fox to report as many as possible. but you have got to admit there is a lot of members of the mainstream media that haven't, during the obama years, touched this with a 10-foot pole. >> yeah. there is a strange attitude to this very serious bold threat. and on the one hand there is the effort to almost dismiss the real nature of the attack almost instantly. do you remember after orlando, after that jihadi attack for which 49 were killed. for two weeks the mainstream media had in this wasn't jihadi, did was he was a repressed he homosexual and taking revenge on latin lover. he. steve: dr. gorka, let me ask

you that why would they want to divert the narrative? >> because there was a white house approved version of what reality is. there was this -- it's nothing to do with religion. don't use the word juwaad. it's about unemployed people. remember the famous phrase all you need are jobs for jihadis. so there was this white house narrative. and the media just facilitated it. steve: let's talk for a moment at what's at stake. later today there is going to be a conference call. the circuit of appeals out in california and western states are going to rule on the trump administration travel ban. if they throw it out, i know you would say that's good. but if they say it's going to stay and goes to the supreme court, what's the matter with that? >> well, it just means that there is more misinterpretation of what is a very, very clear executive order. the rights of the president as laid down in the 1952 law and more recent law are very explicit. if there is a national security threat to america.

then he has every right to halt this temporary put a stop on those who wish to immigrate to the united states or who wish to get refugee status. this isn't invented. this is in the law. and i expect it to be upheld. >> well, you are not the only person who says that there are a lot of legal analysts who say the same thing. dr. gorka, if they don't, it's going to look political, isn't it? >> unfortunately it is. this is one of the saddest things we see more and more judges who want to legislate from the bench or have their political views translated. steve: all right. very good. dr. gorka joining us now from his new job at the white house. sir, thank you very much. >> thank you, steve. steve: it sure is noisy there, just saying, the white house. meanwhile, coming up, no conservatives aloud. the college campus where republicans now not welcome. apparently banned. and starbucks promised to hire 10,000 refugees. so how is this for a response to starbucks? you're about to meet the former green beret who is promising to hire 10,000 vets

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♪ ♪ brian: all right. time for quick headlines. trouble with schools addition. california university banning a conservative group because it allegedly made liberal students feel unsafe in bold letters. the students senate at santa clara university rejecting the petition the former chapter of turning points u.s.a. the school says they could apply again next semester. and cashing in on controversy. the university of minnesota law school just got 25-million-dollar donation to

help provide free legal services to illegal immigrants. get that. the public university is active in immigration law. and san francisco will be first in the nation to make city college free starting next fall. anyone who has lived in the city for at least a year can take advantage. and you guessed it. taxpayers will foot the bill. just when you thought you would have some extra money. steve: all right. now before we start the next segment, let's all take a sip of coffee. ainsley: cheers. well, you remember u guys, when starbucks pledged -- here, evan, thank you. to hire 10,000 refugees to fight against the president's immigration order? steve: we did hear that news. well our next guest who we just clinked cups with had the perfect response. he is an army special forces vet and has a coffee company of his own and he is going to hire 10,000 veterans. brian: joining us right now the ceo of black coffee company special forces veteran evan halfer.

welcome back. steve: that's a good cup of coffee. >> i appreciate it. ainsley: how did you go from those pictures to now having coffee company. >> i have been roasting coffee 10 years starterred in one pound coffee roaster no colorado between deployments. i was basically going back and forth between iraq, afghanistan, and colorado. steve: your side job. >> a little side job. something that i really enjoyed doing. actually took me out of that element of combat and gave me something different than just working out or shooting or something like that. steve: so when starbucks came out and said we are going to hire 10,000 refugees and i read some legal analysis says that's discrimination and against the law enforcement forget about the law. you said for yourself wait a minute, i have got to do something. who are these 10,000 vets you are going to hire? >> when we look at the statistics of veterans in underemployed ratio of veterans 2.5 veterans post 9/11. we have been at war roughly 16 years right if mymate is

right. about 2.5 million. we have higher percentage of those veterans, depending on age and demographic underemployed or unemployed. so we're going to be pooling from movies the post 9/11 veteran pool or reach into the older, meaning the gulf wear veterans too. ainsley: that's a lot of veterans you are going to hire. you have successful company. you are growing leaps and bounds. are you planning on starting some companying in the south. >> yes. ainsley: and where a lot of people support our veterans. >> we have a really fantastic outreach program for expansion. we have incorporated a couple really big or well-known guys. we have tom davin from 5/11. matt ceo of amantor facial comp. a three star general on our team. our plan is to build 600 stores in the next six years. i'm going to try to push this forward with the community behind me. so a lot of things i really

want to talk about sorry. brian: before we go, you have just glazed over your service. >> yes. brian: what has he it plenty to you? how has ha formulated how are today and have this drive to do more for veterans today? >> it's my d.n.a. i'm a veteran. and what i always tell guys is hiring vets is not p.r. for me. it's who we are. so my company is veteran owned and veteran operated. i have 50%. i hired 12 people yesterday. manufacturer went out of business. i'm folding a lot of those guys out to me. ainsley: our guys have so amazing and support our troops. u. will do very well. steve: how can people get your black rifle coffee right now. >> black rifle coffee.com. i do want to touch on one thing blue lives matter is really one of our big partners in this. steve: to support the police. >> exactly. so all the profits from thin blue line which is a roast-to-order colombian

coffee supremeo all the profits go back to law enforcement through. steve: whoa. >> through blue lives matter membership. we provide life saving equipment. like the rapid. tourniquet system back to law enforcement through those profits. i have teamed up with two other nonprofits. so a huge portion of my net profit over 5% goes back to nonprofits. i gave away more money, guys last year than i personally made. ainsley: you support our troops. steve: that's going the long way. ainsley: tell us about your family. have you baby on the way. >> i do. i have a six month -- my wife is six months pregnant. steve: congratulations. >> i have a 3 year 2 month going on 5-year-old daughter. ainsley: what's her personality. >> nara is incredible. my wife is incredible. i mean my family is everything. brian: good answer by the way. steve: if folks once again would like to support him. find out more information about your big plans to open 600 stores in six years go to black rifle coffee.com? >> absolutely.

thank you very much, you guys. ainsley: having a boy or girl? >> two girls. they call the that the como guy curse. ainsley: as a mother of a daughter you can't have too many of them. they're the most amazing creatures. they are great aren't they. >> yes they are. ainsley: god bless you. thank you. a fox news alert, could terrorists be hiding in plain sight in our nation's airports? a disturbing new report is next. brian: and it was major campaign promise made by president trump. >> let's get to the bottom of this. 2017, can americans expect a tax cut? >> i think so, yes. and i think before the end of the year i would like to say yes. brian: but now many business owners are asking where is that tax cut? are republicans in conditioning doing enough to make it happen? brian brenberg will be here to talk about why we need it now. ♪ down the road guy ♪ d again ♪

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♪ >> gartd ♪ party time snoment excellent steve: ainsley? ainsley: well, it is your shot of the morning wayne's world still partying on 25 years later. >> brian: cult classic returning to theaters today and tomorrow because blockbusters closed in celebration of their anniversary. steve: blockbuster closed in my town forever five years ago. two metal heads starring mark meyers and dana harvey based on characters from "saturday night live." here is a wayne's world quiz for you who is their favorite president. they had a favorite president. who was it? brian: anyone know.

steve: babrahan lincoln. brian: thanks toba. steve: obviously cheating. thanks, toba. heather childers is helping us today. heather: i can't believe that's been 25 years. start with this glert for you. as you board your next flight, listen to this, the person checking your luggage could be plotting an attack. that according to brand new report from the house homeland security committee it is blowing the lid off of the very real security vulnerabilities like the 900,000 u.s. airport employees who regularly bypass routine security checks. a 2015 investigation also uncovering that 73 workers would w. possible ties to terrorism, those red flags not found in their background checks. the tsa says it is reviewing the report. another democrat defying orders from the white house. the mayor of prospect park, new jersey declaring it a sanctuary for illegal immigrants. the syrian-born muslim says is he following the national trend because is he an immigrant.

he also says there is nothing to lose since his city does not rely on federal funding. and faith wins out. a story we have been following. a cross at a veterans memorial park will stay put. vets and supporters restoring the display after atheists demanded that it be taken down. they had argued that the cross violated the separation of church and state. but officials in belle plains minnesota just approved a free speech zone inside the park and that allows the cross to stay. >> junior, if you are muslim, if you are american, whatever you are, we are all americans fighting this war together. heather: just in case some of those guards stood guard overnight to keep the cross safe. finally hillary clinton is out of the woods. yep, she is breaking her silence for the very first time since the inauguration. the failed candidate saying that the future is female. >> despite all the challenges we face, i remain convinced that, yes, the future is female.

just look at the amazing energy we saw last month as women organized a march that galvanized millions of people all over our country and across the world and to support makers mission to share women's stories and celebrate -- heather: clinton also taking a jab at the president in the video calling on strong women to set an example for every girl worried about their rights. and those are a look at your headlines. she's back. steve: that's right. she is back. she has a new book deal and she will start making speeches to make some more money. brian: see more of her. janice dean always you a clamor to see more of you. janice: thank you so much, brian. that makes up for the comment earlier at 6:30. take a look at the maps. rain in the forecast. also some severe weather. we have a tornado warning for central louisiana and severe thunderstorm watch for parts of arkansas and towards tennessee. so ongoing severe threat throughout the day today

across the mississippi river valley. we could see large hail, damaging winds, isolated tornadoes. not only that but we have two storm systems one across the east coast that is going to rain and sleet and snow on the patriots' parade. i don't think they are going to care. they will be dancing in the streets. 11:00 a.m. for the big parade. you can see that system moving across the northeast. mainly rain today. but we have got a new storm system behind it wednesday night into thursday. if you live in d.c., philadelphia, new york, up to boston. we have a big snow event that's going to disrupt the morning commute. so be alert for that and then across the west coast, a new storm system moving in here. going to bring heavy rain and mountain snow and that's also going to disrupted some travel plans. we will keep you posted. all right brian kilmeade back to you. brian: all right. let's talk a little bit about the economy. president trump with some good news for americans telling our own bill o'reilly tax cuts on the way. >> let's get to the bottom of this. 2bg9 17, can americans expect

a tax cut? >> i think so, yes. and i think before the end of the year i would like to say yes. brian: he would like to say. but our next guest says that is not soon enough. why isn't tax relief at the top of the to-do list. joining us is brian brenberg chairman of the business and finance at kings college in new york city. so, brian, is that a good tactic waiting until the second half of the year to put it forward? >> probably what they have to do. look, it needs to get done this year. and simple reason is because americans expect it. this was the centerpiece of the president's campaign. it was the right thing to make the centerpiece. but that means he and the congress have to deliver this year. people are getting nervous it's not going to happen. i do think it will. but justifiably because obamacare appeal is taking so much time right now. brian: it is. you said technically do not get into detail on it but you cannot do both at the same time. >> he is right it has to do with the budget and baseline and where revenues is going to come from. they have to get focused on

tax reform and say here is what it is going to look like. brian: show it to us and say it's coimg the second half of the year and make it retroactive. >> that's what people want to see. want to know what it isn't and when it is going to take effect. so many issues on the table. they just want to see that the president, paul ryan are making this a real priority. brian: when we found out a couple of days ago or a one couple of weeks ago that it might not happen right away. the market reacted. >> they bake these tax cuts in if they don't happen then you will start to see stock market pull back. you will see invest wanted and hiring pull back. critically important this happen. >> everything is really dependent upon it. brian: so the problem also i hear that paul ryan's plan or brady's plan chairman of ways and means might not be something that donald trump could sign on to. he said it was too complicated. >> at the end of the day i don't think that's going to be the case. they are pretty close here. there may be changes on the margin. they are aligned on the principle. brian: when people start

talking too much about it will start amplifying exponentially. >> the critics are being too hard. ronald reagan didn't get his tax cut in '81 passed until august. you have a little time. this can happen and can happen in a timely way they do need to get focused on it. brian: brian brenberg thanks so much. coming up straight ahead, we all know what president trump thinks of many in the media. >> as you know i have a running war with the media. they are among the most dishonest human beings on earth. [laughter] brian: and the crowd record at the cia. is trump right or totally off base? we'll examine. they have been rivals since the beginning of time. this morning ceats and dogs are getting along. yes, very a very good cause. we will tell you about it ♪ don't take it from me ♪ you can go your own way ♪ go your own way ♪ you can call it

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ainsley: a quick look at some headlines for you. landlords in portland, oregon are being forced to foot the bill for evicted renters to move. it applies if the renter wants to get out before the monthly rate increases by at least 10%. or under no cause eviction. some landlords are now suingment and here's a house that you would never want to be evicted from. only 3,000 people in the world can afford this 250-million-dollar mansion. -million-dollar mansion. the los angeles pad has 12 bedrooms, 21 bathrooms. five bars and even a bowling alley. it is the most expensive house in the united states of america. brian: you only need four. steve: brian, you only need one. brian: sorry. i was thinking about the wrong house. steve: donald trump tweeted out just a couple minutes ago. i don't know putin have no

deals in russia and haters are going with c number one in terror no problem. brian: cuba he can make a deal with. steve: sure this goes to the point obviously is he reading something or saw something on tv that said look, they are best friends with putin. ainsley: might be after the bill o'reilly interview? brian: where he came out at the end -- because bill o'reilly how can you be friends with him the guy is a killer? he said we are not so great either. that was the problem equating them both. we asked the vice president about that. he said he wasn't making a moral equivalence. steve: that brings up the question have the media tweeted president trump fairly and there is a brand new gallup poll that shows that 74% of republicans say the treatment by the media has been too tough. then on the democrats, look at that only 9% democrats say too tough but 49% say not tough enough. ainsley: that's laughable. the mainstream media has been pretty tough on him. they are saying should be tougher? is that possible?

brian: now you know why chuck schumer is crying mid night every night can't get an hour off. as tough as he is his base wants him to be tougher. daily caller has a story today talks about their mission is to destroy their whole agenda. that's what these protests are all about. steve: that has been from the get-go. remember, you had the mainstream media before he was elected saying he was not a legitimate candidate. he is unserious gets elected. next thing you know they come up with all these fake news stories as trump and his supporters have suggested like -- the coffee is really good -- like russia hacked the election. that he won the electoral college and didn't win the popular vote it goes on and on and trying to delegitimize the president. the press, not just the democrats. ainsley: some celebrities that we watched all these award ceremonies lately get up and their platform. recently you had morgan freeman came out and said let's move on as a country. matthew mcconaughey said give him a chance. piers morgan was on with "tucker carlson tonight" last

night and here is what he said. >> you wins. have you to stop the squealing, the wailing, the teeth nashing. what we are seeing in britain just as we are seeing in america is just one of the great hissy fits of modern political times my message to the left is if you want to try and beat donald trump then do it democratically. stop trying to delegitimize him. stop trying to make every tweet, every statement, every comment he says the armageddon of the world. and just try and apply some rational political common sense to defeating your opponent. steve: simple. brian: pierce morgan knows him well. he helped him out on the akiss one time. he knew him prior to that not necessarily an advocate he says i want the president to do well. the head of the parliament. i forget the name of it. steve: house of commons who has uninvited him. doesn't want him to speak that guy. brian: telling theresa may we

do not want donald trump to address us? really they just had the chinese president address. that's okay. steve: we cited that gallup poll. what do you think? has the press been fair to donald trump or unfair? email us? you can tweet us. you can facebook us. we when we are not drinking our black rifle country. brian: stay on social media from the time the show ends until the next day. steve: do we? ainsley: they have been archrival since the beginning of time. this morning cats and dogs are getting along for good cause. steve: cats and dogs living together. that's a big dog. biggest dog in the world. brian: irish. bigger than a great dane ♪ i'm back in the new york groove ♪ i'm back ♪ back in the new york grov gro.

♪ ainsley: the american kennel club's annual meet the breeds week kicks off right here in new york on saturday. brian: here to help us meet some of those furry friends that we like so much will be the vice president of the american kennel club gina. >> good morning. brian: welcome. this something my oldest brother wanted biggest dog. >> tallest irish wolfhound. full grown male 120 pounds. almost 3 feet at the shoulders. brian: he used to really hunt wolves. >> galloping hound tonight in chase after fast proving may. lots of energy. with families very gentle. ainsley: not a wolf that's bred. >> chaser of wolves.

steve: name? >> irish wolfhound. steve: no name. >> r.t. very strong, very powerful. steve: tell us about the gordon setter. >> very old breed. first breed register with the akc in 1824. lots of energy. they are meant to go out in the field all day long. they are calm and gentle with their owner. ainsley: what's this one's name. >> winston. they can be a little bit. ainsley: dr. watson. >> little bit aloof with strangers. brian: little bit of arrogant. little bit of an attitude. >> and they have a pretty easy to care for coat. you have to brush it once a week. longer on the boat. brian: give people understanding what type of breed matches with your family. >> meet the breed showcases to learn about the right breed for you and your family. 130 breeds of dog and 40 breeds of cats. steve: have you a couple of cats here.

>> spinks cat looks like completely hairless cat. a little bit of hair on their nose. very social, very gentle. characteristic large ears and lemon shaped eyes. steve: cat holding under right arm. >> you tell me. >> cross to help genetic diversity and keep the health of a breed she is actually a hairy spinks. steve: is she completely haired or partially bald. >> she is completely haired. ainsley: she is so cute and dressed up in her little outfit. ainsley: what is this one? >> spinks. a boy. only four months old. steve: weather like this real chilly outside the owners like to keep them. >> like people they need some coats and jackets in the winter. brian: wolfhound doesn't need a coat. the spinks probably need a coat. >> do they get cold? >> under the covers. keep a little coat on them

that's fine. steve: that's spinks that's cold. sometimes you are allergic to saliva and not the hair you have to check. brian: westminster dog show will be on fox this year. steve: that's right. >> meet the breeds at pure 92, 94 from 10 to 5. come on down. brian: take him home. is that possible? steve: all right. coming up, more on our top story the legal show down gearing down on the west coast for president trump's immigration order. will it go all the way to the supreme court? laura ingraham used to work at the supreme court. she is coming up next. >> say bon jury to the new miss universe. she is here fresh off winning this year's crown. clearly from france bon jeur. steve: next hour coming up in a few minutes. ♪ ♪ ...as a combination of products

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brian: hours from now the white house will face off on a immigration order. steve: but we do have our popcorn ready before the ninth circuit of appeals. >> we need strong 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. >> i think that this court is going to throw it out tomorrow morning as the executive order will be in force in a orderly way. >> why do the democrats oppose protecting americans from violent foreign criminals? >> because they think that's their. >> i have not called on the impeachment yet. he's doing it himself. >> radical islamic terrorists are determined to strike our homeland. it's happening. it's gotten to a point where

it's not even being reported. >> a white house-approved version of what reality is. it's nothing to do with religion. don't use the word jihad. it's about unemployed people. >> president trump sitting down with some enlisted troops at macdill air force base. >> tom brady, he did a great job. >> if it shows up on ebay somewhere, someone let me know. i'll try to track that down. brian: by the way, tom brady is basically out of problems. that is the only problem. when he solves that, he'll have no issues. steve: sure. you know, whenever we have legal questions, we always bring in laura ingram. laura'sgoing to be joining us very shortly. and i'm just curious what sort of hard time with a person -- laura, what sort of hard time with a person who stole tom

brady's jersey be facing? >> well, i guess it depends if they moved the jersey across state lines. we could have mail fraud, we could have wire fraud, there could be a conspiracy, maybe a rico violation here. so there's potential for punitive damages on the civil side. i think brady's going to get that shirt back, what do you think? steve: jersey gate. ainsley: someone went in his bag and deliberately took it, he said. let's talk about what's going on in the courts because these judges are going to be heard in the ninth circuit. what do you think will happen? will they rule in the president's favor or the supreme court? >> well, it's an interesting makeup. we have one obama josh, one clinton judge, and one george w. bush judge. it will be heard in san francisco. the case is not the case on the merits of whether it's constitutional. the case only involves the stay that was put into effect, the emergency stay that was

granted by the lower court, the district court last week. so the appellate court has to look at two things. a couple of things. what is the likelihood of success on the merits for the petitioners? is it likely that this ban will be overturned as constitutional or contrary to statutory interpretation? and number two, the other point is is there irreparable harm that will be done to either minnesota and i believe washington state, or the other state. so minnesota, washington state are the litigants. now, i think those two hurdles are very difficult to clear. both the likelihood and success of the merits, given section 1182, and the irreparable harm that is very difficult to remedy. irreparable harm to minnesota and washington state. i don't think either of those two standards are met. you could also guy, guys, -- i

know it's getting a little legally here, but the states themselves do not have standing to bring the case as states against the trump administration. so those are the three things -- they were briefed, and the justice department's briefed. they'll be argued.ve a feeling e not going to get relief from the ninth circuit. this will go to the supreme court and who knows what happens there. >> what happens when they say no, it goes to the supreme court. having said that, it doesn't stop the administration from putting together their extreme vetting program and criteria and putting it in place in those seven countries. it just stops the pause; correct? >> correct. and so talking to a couple of my former supreme court clerk colleagues last night on the phone, and we were thinking maybe this is a time for repeal and replace. of the immigration pause. maybe you redo that and maybe make it a little bit more specific. the president should come out,

i think, and make the case for why this is in the nation's interest. he didn't do that. and i think -- a lot more people would be open to this idea. you might even get a few democrats on your side if the president goes to the nation and says this is why this is important. brian: exactly. exactly. >> most muslims around the world are welcome here. we welcome people from all over the globe. but this is about you and your safety, and let's get this right before we move forward. i think that would be a great way. that would make the case moot. in other words, the case would lose all standing because there really would be no acase anymore. so that's something i would think about if i were advising the president legally on this. steve: sure and people shouldn't be surprised. president trump promised during the campaign he was going to crack down on immigration. he also talked -- and you know this well because you were following this as well -- kate steynly was killed by an

illegal who wound up with a gun in his hand. he was deported five times. bill o'reilly asked the president about it during that same interview we saw, there's kate steynly. we saw the interview at the super bowl. here's some more on what's the deal with these illegals and the democrats. listen to this. >> why do the democrats oppose protecting americans from violent foreign criminals? why? >> because they think that's their voter. steve: they think that's their voter. now -- brian: potential voter. steve: you go into the twitter sphere and there's a lot of that stuff out there. do you think that's accurate? >> i think he's largely right about that. we know from what a ground-breaking study on naturalized citizens voting was done back in 2012 by james, a professor at the university of maryland. and he examined the voting patterns of naturalized foreign-born immigrants in the

united states. looked at places like broward county, florida. clark county, nevada. and other counties across the united states where new voting blocks overwhelmingly represented the democratic party. so san bernardino county, florida. i mean i lived there for a summer back in 1984. that was a republican strong hold. now there's only like 33% of republicans back in 1980. it was 55% republicans. so there's no doubt about it that immigration has had a lot of benefits to the country. but it's really changed the electoral makeup in democrats. they like that and one of the other reasons they like illegal immigrants getting amnesty. but they know that that's a new treasure trove of voters for them. and they're going to bank on that. ainsley: in the state of california, they're now talking about making -- instead of sanctuary cities, making the whole state a sanctuary state. and one of the leaders, the leader of the senate; right?

the democrat senate leader, listen to what he said about his family members. >> i can tell you half of my family would be eligible for deportation under the executive order because they've got a false social security card. they've got a false identification. they've got a false driver's license prior to us passing ab60. they've got a false green card. and anyone who has family members, you know, who are undocumented knows almost entirely everybody has secured some sort of false identification. that's what you need to survive, to work. they are eligible for massive deportation. steve: so not only is half his family in here illegally, they have fake driver's license. and he's the senate leader for the state of california. >> you know what that's called? that's called state interest. that would be admissible.

this guy's just not very smart. and i have a question for him. what documents can american citizens fake? to board an airplane, to get other federal benefits. steve: to vote. >> and expect not to be prosecuted? the idea that illegal immigrants should be able to use false paperwork and then everyone should just say, oh, this is wonderful. isn't it great because they just needed to work? yeah, there a lot of people who need to work in nigeria, connecticut, in my home state. so okay. we're going to use false paperwork to either come in the country or travel around the country, or get a government job. that is the kind of huberous that i think people are so tired of. there are a lot of people tired out there. i know there are a lot of immigrants who want to come here, and we'll have an orderly process to do that. but the idea we should give

our legal to people who falsify documents puts our national security at risk, and the entire rule of law at risk. that is perfec crazy. brian: he's caught on tape. but that's just tells you how impervious he feels and he thinks there isn't going to be any follow through, and there probably isn't. ainsley: good morning to you. >> good morning to you to everyone at home. we've been following this for you. democrats staging a session since yesterday. their goal to derail today's nominee betsy devos. >> in my mind, she is the least qualified nominee in a historically unqualified cabinet. >> the white house agrees. they called devos an unbelievable champion of education. two republican senators, though, they're set to vote against her, setting up a potential 50/50 split.

vice president mike pence would deliver the tie-breaking vote. and the military to the breaking point. that is what you will hear from top pentagon officials today. they're headed to capitol hill to fight for a 30 billion-dollar budget. this just one day after we heard president trump promise new equipment at macdill air force base. >> and we're going to be loading it up with beautiful new planes and beautiful new equipment. you've been lacking a little equipment. we're going to load it up. you're going to get a lot of equipment. >> that money expected to help pay for new fighter jets, armored vehicles, and to improve training. and finally patriots fans, they're ready to celebrate this morning. the team's super bowl parade kicks off at 11:00 a.m. eastern. and while many of those fans will wear their tom brady jerseys, the search continues for brady's actual jersey. that's right. it's been missing ever since they won. the texas rangers now helping

police find it. defensive coordinator matt patricia wearing a shirt, showing commissioner rodger goodell as a clown. his handling of deflate gate. yes, we're all over the tom brady story. if we hear, we'll let you know. brian: there's so much video at that stadium. i'm sure they're looking at security cameras right now. steve: but he still has his shoe, his socks. brian: he still has his thigh pads. he has everything. steve: yeah, he does. brian: the commissioner, he has a bad rap. he was asked to crack down on the patriots because of a series of allegations. he had to be the bad guy. that's why they pay him so much money to be the bad guy. he's not a bad guy. ainsley: a lot of people disagree with you, brian. get ready for the e-mails. brian: i think he's a great guy. steve: but the patriots fans hate him. ainsley: you're saying he was doing his job? brian: that's what i'm saying. steve: they don't like that. ainsley: well, they shook hands at the end.

steve: they did. here a frantic manhunt for a accused killer couple behind a string of brutal murders in the south. even more shocking, the victims appear to be selecting at random. we'll tell you what we know coming up next. brian: and the doctor is in. only problem? she's not a doctor. steve: that's not good. ♪ with advil, you'll ask what sinus headache? what stiff joints? what time of the month cramps? what nighttime pain? make all your pains a distant memory with advil the world's #1 choice what pain? advil.

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ainsley: a manhunt underway for a armed and dangerous pair accused of murdering three women. steve: billie junior and mary rice apparently on the loose and officers terrified they could strike again. candice murphy joining us right now from pensacola, florida. the suspect last known location. candice. >> yeah. that's exactly right, guys. we are here at the hardee's where the do you owe was spotted recently getting breakfast across the street. we're told that mary rice was seen on camera getting some items from the shell gas station. and currently authorities are searching for these triple murder suspects. now, this killing spree

started police say tuesday afternoon a week ago from today when two women were killed in milton, florida. and then a lillian woman was killed in baldwin county, alabama. and then from there, the most recent shooting here happens in pensacola when a 28-year-old woman was killed in a home invasion robbery. her 2-year-old was home at that time. we are told that the 2-year-old did not witness it. he is with the grandmother at the time. the woman in critical condition. we are told that billie boyet junior and rice stole the car and were at the shell gas station. we're told that they had been traveling between alabama and florida in wooded areas. we're told that she has changed her appearance. she died her hair in orange, and she has a gap in between her teeth so that people could identify her.

and he has a goatee, but we're told he could have shaved it. this multiagency search and manhunt for this dangerous man who we're told is armed. we're told by authorities that he could be using spice and is possibly a spice dealer, and we're told that's why they believe he is still in this area. authorities are saying that they believe he is driving a 2006 chevy cobalt, the one that he took from the last shooting, the victim of that last shooting and that the rear side passenger door is damaged. so authorities on a all out manhunt for this, and we're continuing to follow this dangerous situation. steve: indeed. candice live down there in florida. thank you very much. what's scary about it is the random nature of it. it seems they just randomly picked their targets and the other scary part, they've said they won't be taken alive. ainsley: and they're just robbing individuals at random. like this mother, they killed the mother. she has a 2-year-old with a

child. at the house. steve: we'll keep you posted on that. and, by the way, if you know the whereabouts or see someone who fits that description, call the local authorities. don't approach them. they're armed and dangerous. coming up this tuesday, nordstrom said they pulled ivanka's clothing line and ivanka saying it's about politics and not about retailing. ainsley: but first, the winner is. >> the new ms. universe is france. ainsley: say bonjour to the new ms. universe. she's going to join us live, and she's walking into our studio. come on in. congratulations.

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steve: all right. we've got quick headlines for you on this tuesday morning. the doctor is in. only problem the doctor not actually a doctor. police say cheryl wang pictured right there pretending to be a doctor in training at several boston-area hospitals before it was discovered she didn't have authorization. she was not a doctor. she wore the scrubs, got inside operating rooms, but had limited contact with patients, thank goodness. wang had previously been dismissed from a medical program in new york city. apparently thought she could get away with it. she did not. and dog owners, listen up. some of their hunk of beef dog food supply had traces of the

euthanasia drug in it. the can sold in stores and online last june. ainsley: okay. steve. brian, say bonjour to the new ms. universe. >> new ms. universe is france. ainsley: her name is iris. ms. france. she's taking home the title making her only the second ms. france to ever wear the crown. and joining us now is ms. universe. we have iris sitting here with us today. welcome to new york. >> thank you. ainsley: you're moving here to new york; right? >> yes. one year. ainsley: how many days ago? >> this is my fifth day year. ainsley: fifth day here? >> yes. ainsley: have you ever been to new york before?

>> no. it's my first time. i want to see everything. ainsley: what do you think of new york city, and what have you done so far? >> i really like new york city. it's like a movie, and i feel like i am in a movie. yesterday i had a hot dog. ainsley: you had a hot dog? we call it street meat. well, welcome. we're so glad to have you. there are so many great french restaurants here in the city, i'll have to give you a list. so what do you plan to do over the next year? >> the next year, i'm -- you know, i'm going to be a dentist surgeon, so i'm going to work to another organization, which is mile train. ainsley: because you want to be a surgeon, a dental surgeon. >> yeah. in two years, i'm going to be a dental surgeon, so it's very personal to me. dental health care and this organization do surgery for

children who have cleft pallet. ainsley: yes. >> and i really like it, and i'm really excited because this is exactly what i want to do. ainsley: that is wonderful. oral surgery. i'm reading about these surgeries. that surgery in particular only takes 45 minutes. >> exactly. and 45 minutes you can change a children's life. so it's very important. and i'm very happy because ms. universe, this is not just the greatest, but i think we can give a smile to the children and all children deserve to smile. ainsley: the question of the pageant is always something that's very intimidating i'm sure to everyone in the organization. watching at home, you just pray -- we pray for all of you that it's such a tough time in the pageant. so when they asked you the question. they asked you about open borders and how it's affecting your country.

and you are for open borders. >> you know, it's a very big problem. i'm not for. i'm not against. i think every country can choose, and it's tough to every country. in france, we're in europe, so we have open borders. but if one day the people decide to close, i think they can choose. but for the moment, it's open because france wants you to have a lot of globalization, and it's very important in europe. and for the moment, we are so happy to go to see her neighbor, and i think it's an opening to the world. ainsley: uh-huh. so you think it's up to the people to decide. here in america, people have chosen donald trump, and he's not for that open border issue. so we'll see how that plays out. folks here who watch the loyal viewers, they think you look like one of the anchors here.

our weekend anchor is abby huntsman. we have to put up her picture. >> yeah, i want to see. i want to see. ainsley: you all do look so much alike. when you walked in, all the guys were, like, gosh you look so much like abby. people on social media were saying you look a lot alike. she lives in new york city too. we'll have to go to lunch. thank you so much. >> thank you. ainsley: how do you say street meat in french? >> street meat? [laughter] we don't really have. >> how do you say h snail meat? ainsley: welcome to america. welcome to new york. >> thank you. ainsley: you're welcome. president trump saying the mainstream media is ignoring terror. listen to this. >> islamic terrorists are

determined to strike our homeland, 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 report it. ainsley: well, is he right? we're going to break it down coming up next. and nordstrom says it pulled ivanka's clothing line over sales. well, this morning ivanka is revealing evidence that it's all about politics. this is the story of green mountain coffee and fair trade, told in the time it takes to brew your cup. let's take a trip to la plata, colombia. this is boris calvo. that's pepe. boris doesn't just grow good coffee, boris grows mind-blowing coffee. and because we pay him a fair price, he improves his farm to grow even better coffee and invest in his community, which makes his neighbor, gustavo, happy. that's blanca. yup, pepe and blanca got together. things happen. all this for a smoother tasting cup of coffee. green mountain coffee. packed with goodness.

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call usaa today to talk about your insurance needs. a heart attack doesn't or how healthy you look. no matter who you are, a heart attack can happen without warning. a bayer aspirin regimen can help prevent another heart attack. be sure to talk to your doctor before you begin an aspirin regimen. bayer aspirin. brian: the big question and the white house feels as though they have the answer. and the question is what about the terrorists of this country and the attacks that have taken place over the last eight years?

and you don't hear much about it outside san bernardino and outside orlando. steve: yesterday donald trump, the president of the united states was down at simcom, he blasted the media for underreporting terrorism in this country. literature. >> isis is on a campaign of genocide committing atrocities across the world. 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 report it. they have their reasons, and you understand that. brian: what you have to do is you have to do that when stuff like this happens. we hope it doesn't happen again. you have to make sure it doesn't get underreported. i think that george bush showed when you take this stuff out front and center, it doesn't get reported. steve: here's the thing. after george bush, we had eight years of barack obama. and so yesterday sean spicer released a list of 78 attacks around the world, most which were underreported. one of the things about fox is we have tried since we got started almost 20 years ago to

bring you all the news. we have covered a lot of things. but as we had dr. sebastion gorka on earlier, a lot of them didn't follow this during the obama years because they didn't want to make him look bad. ainsley: so they didn't report it -- steve: they didn't want them reported. brian: winning the war on terror. yet we didn't question anyone. we haven't put anyone in gitmo. our interrogation practices aren't really made to get maximum out of intelligence. and i would just say for one thing, do you notice how serious president trump is, much more serious and direct after he started getting these briefings? he knows how bad it is. he knows he can't tell us everything, but he also knows how serious the threat is. steve: and that interview that ran with bill o'reilly last night, he revealed during that car ride from the white house up to the capitol on inauguration day, he asked barack obama what to be concerned about. and he revealed one military

area of this world that he is really concerned of. barack obama was. and donald trump, the president, would not reveal. ainsley: bill o'reilly after the interview when was finished had a guest on and his prediction was pakistan and north korea. brian: heather has the news for us. >> yes. good morning to you. let's see if the other media ignored this story. a convicted drug dealer is back behind bars just after one year after his life sentence was commuted by barack obama. robert martinez was busted with two pounds of cocaine after a high-speed chase in texas. he now faces up to 40 years in prison. while in office, you may have remembered that obama commuted 1750 sentences. more than any other president. lawmakers want to hold sanctuary communities responsible. state senators approving a new bill to allow people to sue if they become a victim to an illegal's crime.

it is intended to help families like kate steinle who was murdered in san francisco. and emerging from inclusion to protest president trump. the mom seen in west palm beach over the weekend. she showed up smiling with a backwards hat on. the once accused killer saying she does not support the immigration policies. she of course has laid low since she was cleared in the murder of her 2-year-old daughter caylee back in 2011. ivanka trump coming out swinging after nordstrom yanks her merchandise from the store shelves. the retailer claiming that the move is not political, despite the boycott of all trump brands. well, adding this quote the strength of the

brand is not only measured by the profits it generates but also the integrity it maintains and macy's is feeling the pressure too from the so-called wallet warriors. so we'll see what happens next. brian: ainsley, what did you discover? ainsley: his wife texted him and said she has a handbag, and she has some shoes, and it is fantastic. brian: absolutely loves the line. this will move her out of department stores. everybody will be buying online. she'll be even more successful. steve: my daughters all have the ivanka boots. and love them. ainsley: i have shoes, bag, dresses, it's a great price point. they're really pretty, and i don't think she should be punished because her father is president. if you don't agree with her dad? steve: yeah, but nordstrom said it wasn't political yet the president of the company said two days before and said, hey, -- brian: and if she comes with a untucked shirt, i would buy that. steve: it would be a blouse.

brian: janice dean, you buy blouses. >> that was the transition of the year. >> transition of the year. brian: two time champion. >> oh, my gosh. you should be the poster child for untuck it. have they approached you yet? brian: might be today. >> let's look at the mavs. we have a big parade going on in boston, and it's going to be rainy and sleety and snowy, but they don't care. they're going to party in the streets in boston. so we're going to watch this storm system exit. but i tell you if you live across the east coast, you have to be prepared for wednesday and thursday morning. we could have some big snow from dc up to philadelphia and new york city. you've been warned. it could be a mess of the commute on thursday. severe weather today across the mississippi valley, and we have a new storm system moving into the west coast that's going to bring big time rain, big time snow. do you guys want to see a cute video? cute video of the day? look at this adorable otter sliding down some snow in

yellowstone. look how cute that is? isn't that otterly adorable? we love that. we're going to put that on the website and twitter. brian: don't they usually make dams? >> can we just appreciate the video for what it is? a cute otter sliding down snow. steve: that's right and, janice, thank you very much for transitioning from bad weather to the adorable animal video. >> you're very welcome. steve: all right. thank you very much. ainsley: coming up, it's a new plan to raise the bar for illegals coming into this country, and it promises to reduce immigration by 41% in the first year alone. can that happen? senator tom says "yes," and he is here next. brian: and when life hands you lemons, you make lemonade out harry rinkler here with a story of challenges through his whole life. i have asthma... ...one of many pieces in my life. so when my asthma symptoms kept coming back on my long-term control medicine.

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brian: what are the president's signature white house promises? >> there are at least 2 million. 2million, think of it. criminal aliens now inside of our country. we will begin moving them out day one as soon as i take office. brian: but often overlooked as the president's plan to crack down on illegal immigration too and change the criteria perhaps. former congressman tom expecting that to be part of the bill with the brand-new bill that he's introducing this week while working with the white house. enter the facet of immigration reform. what have you and help you with? >> well, brian, i think too often the debate of grame focuses on illegal immigration and security and enforcement. those are certain measures. but right now we have a legal immigration system that is not working for american workers. blue-collar workers, people

who work on their hands and on their feet have seen wages stagnate for decades. at the same time, we've seen record levels of immigration in decades. millions of green cards a year added every year. population of arkansas added every year. almost none are on job skills or demonstrate economic need. so of course they compete for blue-collar jobs and put downward pressure on working-class wages. my legislation is designed to take a first step towards reorganized our illegal immigration system towards employment-based immigration and a way for just unlimited family unification or random programs to plus up numbers where immigration bureaucrats don't think we have enough or an unlimited refugee system. brian: so, senator, it reminds me a little bit if you're putting together a sports team. let's find out what we need as a team to win. don't worry about how the whole league does. let's worry about america first, which sounds like the white house's philosophy.

amongst the things you want to get across is going to reduce the immigration by 50%. prioritize immediate family households and eliminate diversity visa lottery. now, that visa lottery allows 50,000 random people to come here every year; correct? >> the diversity visa lottery serves no real economic or humanitarian need. it doesn't even really serve diversity that much. europe is one of the primary beneficiaries of it. and even people who have supported open borders, amnesty-style legislation in the past have moved to eliminate diversity lottery. and i want to make sure, as do most americans, that we unify families. but we can't have an immigration system that unlimited family-based chain migration without any connection to job skills or economic needs. brian: very interesting because the push back will be, perhaps, that -- look at japan. it has zero population growth,

and it's beginning to wither. look at russia. same thing. withering population. one of our great assets is immigrants repopulating and bringing new energy into our country. are you afraid of losing that? >> well, this -- my legislation would still admit 500,000 green card holders a year. and my legislation does not touch at all temporary visa holders, you know? brian, you mention the nfl draft. that's timely a good example. we should admit people into our country who are world class athletes, whether they're competing in sports or olympics. or world class scientists or senior executives who are making hundreds of thousands of or millions of dollars. what i'm worried of is we've been bringing in low skilled workers who have been hindering wages for a long time. brian: those who feel betsy devos would be a terrible nomination for secretary of education.

her nomination is sunk, do you believe republicans are onboard? >> as far as nguyen 50 republicans, to include myself, have said that we will support ms. devos' nomination. look, i know that democrats have very grave concerns about ms. devos' past support for charter schools and private schools as a philanthropist. but in my conversations with her, she also recognizes that we need the very best public schools. because frankly in a lot of places that i represent arkansas, you don't really have enough people and there's certainly not enough money to support private schools. the only choice people have are an excellent public school or homeschooling. and she knows that we want to make public schools as good as they possibly can be because that's going to be the source of most kids' education in this country. brian: absolutely. it's -- privatizing of schools gets all of that push back from unions. so you don't even know what the democrats believe, they just know where the pressure comes from. and that's a big donor base. senator, thank you very much. every time there's a cutting edge issue, you seem to always be out in front.

thanks for joining us this morning. >> thanks, brian. brian: coming up straight ahead. when life brings you lemons, you make lemonade. that's what harry winkler said. and bill on last night, awesome job, bill. >> thank you. great job in houston, by the way, too. security and terrorism. major topic for the white house today. the president speaking out about that already today. also, there's a major secretary of homeland security. you'll see part of that today. we'll talk with it and talk with the chairman today. drama on the floor. will the president be called to put betsy devos over the top? great line up here in washington d.c. we'll see you ten minutes top of the hour here on america's nm y282uy ywty

a farmer's market.ve what's in this kiester. a fire truck. even a marching band. and if i can get comfortable talking about this kiester, then you can get comfortable using preparation h. for any sort of discomfort in yours. preparation h. get comfortable with it.

. steve: you first got to know him from happy days but today, that actor is on a new mission. harry winkler joins us with his latest book. it's number 33. here's hank. always watch out for the flying potato salad. ladies and gentlemen, harry winkler. >> it's always a pleasure to chat with you. steve: great to have you as well. >> thank you. steve: you know when we saw you in happy days, you were the coolest guy and nobody knew that you personally -- if they handed you a script, you were going to struggle over trying to figure out over what the heck it said. >> it is exactly right. i struggled until i was 31. i had no idea that i had a learning challenge. i just thought that, oh, my gosh this is so humiliating.

steve: how does it impact you -- you've earned your medicare. it was a deal that was made long ago, and aarp believes it should be honored. thankfully, president trump does too. "i am going to protect and save your social security and your medicare. you made a deal a long time ago." now, it's congress' turn. tell them to protect medicare.

>> everybody is talking about the super bowl still. greatest comeback. no one has seen anything like that with the new england patriots keep making history. pretty clear another theme when we were there all about donald trump. why could bob craft be friends

with donald trump? tom brady, explain yourself, how can you be friends with donald trump? they refuseed to answer. we're keeping it about the game. >> some people are so mad at those three individuals for liking president trump. in fact, something that was trending on social media is #not my super bowl champs. >> there were so many people out there talking about the win and stuff like that and not my win. prisoner planet tweeted this out. breaking jill stein announces demand for rematch because russia hacked the football. send her lots of money. #not my super bowl champs. >> palm pilot said not my super bowl champs. i just heard starbucks is hiring 10,000 falcons fans. 1/2 safe space. >> joe kelly says since the falcons led most of the time shouldn't they be the winners?

hillary logic. >> meanwhile, if you were watching the commercials in addition to the game you saw audi had a commercial that was a very pro-woman message. show a little as we talk over it. it talks about a dad encouraging his daughter and yet it talks a little bit about how women are not paid the same as men. now it's being revealed that audi here in the united states have two members of their leadership board that are women but their international leadership board audi has no women on that. >> hypothetically if they hired women they said they would pay them equally but we don't know for sure because they don't hire women. >> if they hired women they would get paid as much as the men. >> that would be great. finally tom brady had a robbery with missing a jersey. we know that the patriots do not like the commissioner but he had them the trophy and the

nvp award. rocking and this was noteworthy for many. >> he is coming from the win in boston. >> patriots' big parade is today and we'll see you tomorrow. >> bill: thank you, guys, fox news alert. president trump's travel ban will have a court showdown. they'll ask an appeals court to immediately reinstate the order arguing that it puts our national security at risk by not doing so. a big day ahead as we say good morning in "america's newsroom." split broadcast today. i'm bill hemmer good morning from washington, d.c. and -- >> i'm melissa for shannon bream. the white house arguing the president is well within his rights to decide who can and who cannot enter