>> i am greg gutfeld with kimberly guilfoyle, juan williams, eric bolling. dana perino. "the five" ." a big time drug dealer commuted by president obama crashed his car into another driver while fleeing a drug deal involving a kilo of coke. i know. what did you expect? there is bound to be a few bad eggs. logic behind the gitmo release. sure, some will return and try to kill you but at least we are trying to do the right thing. it's worth a few bad guys getting through view can

demonstrate your moral superiority. enhanced security, longer jail sentences, real borders. feel-good sentiment over safety, it's the exact opposite of a border, travel ban, new prison. it is a child's view versus an adult. if america wasn't so lucky to have a moat of oceans, the infant would turn the country into a porous hellhole. it is something adults understand. restriction enhanced freedom, security maintains rights. for liberals, restrictions are mean and i can't being -- bear being seen as mean. the right doesn't mind being hated. we get it. a locked door is exclusionary, and how dare your safety take priority over progressive emotions. adults accept being unpopular and safe. it beats being admired and dead. member how the left always

champion safe sex. the key is protection. extreme vetting is terror control. it is a catastrophe condom. this is an eternal conflict. we always fill the right is about safety, the left is bring everybody and prayed that mentality will never go away even though they are wrong. >> kimberly: sometimes those safety measures don't work either. here's the deal. you have to look at it. when you think about it and someone said this to me today. we are trying to make sure that people want to do us harm don't get into this country, right? you lock your door at night. yes? not because you don't like the people outside but you love the people who are inside and you want to keep them safe. that is common sense. it's not meant to be, you know, discriminatory. it's not a quote muslim ban.

it's a travel suspension. the way this came across in the light was put forward, people were not able to wrap their heads around it because it wasn't presented in the right way. >> greg: it was pugnacious. i used the phrase pugnacious. eric, we are entering an area where security is being viewed as mean-spirited. it used to just be common sense. >> eric: yes, until something bad happens. then they are going to go, what went wrong? i just realized to your monologue how close we came to not having a get mode to put dangerous people in, terrorists that we can interrogate and find out what's going on. that was one of president obama's initial promises. i'm going to close gitmo. among other things, we are down to 30. 43. out of several hundred. i'm happy we have that ability to put dangerous terrorists they are. >> greg: dana, i guess there's

going to be a hearing on the immigration executive order. do you think that the supreme court? >> dana: it could. i think the federal government has a strong hand to play. i think the laws on its side and i think it when you finally hear the oral argument tonight in front of the 3-judge panel on the circuit court, it's going to be clear. i think what's important is to talk about the scope of it, how narrow is it. also the concern the people have about, what does it mean for permanent residence? green card holders prayed that will come up and there will be a chance for clarification. i think the government will prevail. i think that they could prevail in the circuit court. >> greg: wan, in your world, there would be no prisons no borders borders and no locks. we would share everything in dance. >> juan: that would be nice.

except -- you have a unicorn in front of you. >> greg: why is the left so fearful of actual security? >> juan: i don't even grasp what you are saying. it seems we live in a country where we have the highest prison population world. that's the reality. you make the argument for guns everywhere and we have guns everywhere. seems to me, for all the terrible liberals you talk about, seems to me america is pretty much like a sanctuary, if you will. >> greg: a well-armed militia. >> juan: we protect ourselves. like today, trump is speaking to a group of sheriffs and he says that the murder rate is as high as it's ever been. he's wrong. it's almost the lowest in 50 years. this is the kind of rhetoric that feeds the far right. it is like red meat.

run for your houses, get your guns. >> greg: rather have red meat then dead needs. >> juan: there is no dead meat. the murder rate is almost at its lowest. >> kimberly: may be nationally but you have to look at specific areas. >> eric: in certain cities. also it's the in 20 years in many cities. >> dana: that's not what he said. >> juan: you're making excuses. >> eric: i am simply saying look, he throws a lot of stuff out there all the time in the media picks up on an error he makes in a number. meanwhile, look at the other things that are going on that they don't talk about prayer look at these companies that are keeping jobs here. to nitpick the fact that he spent five decades instead of 20 years. >> juan: he could be right if i find this on over here. look, he's wrong.

>> eric: the murder rate on a rise, which is a problem. >> juan: overall within increased population, we have one of the lowest murder rates in our history. to me, when you hear this kind of rhetoric, it suggests overreaction and i think it's counterproductive because i think everybody wants to be safe. i don't think it's true that somehow there's these liberals over there who say oh, no. bring the criminals in. >> eric: the only criminals they won't bring in are the ones from cuba who killed our cops. that's an interesting story. >> greg: let's listen to an adult. secretary kelly warning of the risks if you suspend the travel ban. >> let's say for instance a person who is trying get the united states -- get to the united states to do a terrorist attack. coming in during this period that the courts have put us down our enforcement. we won't know that until an

individual is a bad person until they do something bad. it's entirely possible that someone that's coming in whether it is during this stage, this court action or previous to this period to do us harm. >> but you don't have any proof at this point. >> not until the boom. >> not until what? 's to until they act and blow something up or go into a mall and kill people. we won't know until then. >> greg: isn't that pure adult common sense? >> kimberly: he has firsthand experience. he's very well-regarded in terms of his level of expertise. he comes forward and offers this testimony, you take it seriously. he has a nice way of explaining it and laying it out including boom. do you want to wait for the boom? do you want to wait for a terrorist attack on u.s. soil? do we need more of those to

highlight the example, the importance of what we are trying to do. >> eric: the point being this. do you wait until you look back and say what did we do wrong? trump has said let's do this in advance of that. that's why the travel ban came down so fast so that terrorists who wanted to be terrorists, isis was that they were going to infiltrate the system, the refugee system. do you know who actually waited for the boom? europe. europe waited for the boom. now it is booming all over europe and they are going what we do? you can't stop it. you can't put the toothpaste back in the tube. they are already throughout europe. they are going to continue to hear the booms. >> kimberly: the open borders in europe. >> greg: do you know what the curses? when you prevent the boom, you don't get the credit. let's say you've stopped -- what we are trying to do is stop the booming. when there is no booming. >> dana: it's like when you

work in p.r. no one gives you credit for the story that didn't make it into the paper. >> greg: their success will always be seen as access. >> dana: you could say that about president obama too. >> kimberly: juan says yes. >> juan: i am sitting here laughing. thank you, obama. thank you. you can say thank you, obama. >> eric: we need to be able to get back to the border. >> kimberly: what? oh, my god. >> greg: dana, would you like to finish her thought? >> dana: about general kelly, the democrats should take a look at how professional he was today. he also did something that i think the democrats might find refreshing witches he said i should have -- if i had to do it over again, i would've done more to brief the congress, done more to make sure it's in place before he went forward. the democrats listening on

capitol hill should find some comfort in that and also the people who are doing the oral argument for the government can refer to that. it is more narrow in scope than originally believed and i would also say for him, it's an example of how you actually need political strong leadership at these agencies and that the democrats should stop trying to hold up everybody. the treasury department and others. >> kimberly: you are giving an honest assessment. it's true. there has been such a push to not let the cabinet people through. too bad general kelly wasn't in place sooner than later. because of circumstances and national security, trying to put forth this executive order. >> dana: that's not the best example because he was actually confirmed and they didn't tell him. >> kimberly: he was barely in and that was not sufficient. he should have been in for a period of time to be able to sufficiently explain it, go over it and lay it out so this didn't

happen because the reason why it should be upheld is because it's much more narrow in focus than people and the media are alleging it to be which is part of the reaction to it. hysteria about misinformation. >> juan: at the airports wearing people with green cards couldn't come back in the country because homeland security -- >> dana: they admit they could have done better. you saw process stories over the weekend saying we will do bette better. >> juan: i appreciate your honesty, dana, but it's not a successful rollout. it's not saying homeland security -- >> dana: they are going to have to deal with it tonight in court and it will be behind them. >> kimberly: versus legal standing in the authority of the president to be able to issue such an executive order. which is constitutionally sound. you can object to the process, rollout, lack of flowers and balloons but nevertheless. >> juan: one thought on the cabinet secretary, when you see a guy like mnuchin at treasury who somehow doesn't disclose

$100 million, alarms don't go off in your head? >> greg: what about the guy who didn't pay his taxes? >> turbotax. >> greg: always liberals holding things up. more to come from homeland security secretary john kelly had. lawmakers on the border wall with mexico and the threat to withhold funds for sanctuary cities. my friends think doing this at my age is scary. i say not if you protect yourself.

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♪ >> kimberly: back with more on homeland security secretary's testimony today. the secretary told lawmakers border patrol agents agree with the trump administration about a need for the wall on the mexican border. >> they said yes, sir. we need a physical barrier backed up by people like us and

local law enforcement. with technology where it's appropriate. >> what is your timeline that you think you will have it secure? >> i mean, it's hard to say. depends on funding and all the rest of it but i would like to see that we would be well underway within two years. >> kimberly: he also addressed the administration's threat to cut funding for sanctuary cities. >> we are giving grants to a police department or a city specifically to help us in the execution of, say, isis mission. if that's not being done, there's no point in giving grants to the city to execute that but again if we are specifically giving grants for cooperation for removal of illegal aliens any given department city is no longer doing that, it seems irresponsible for me to continue giving them money. >> kimberly: what do you make

of this analysis? saying he would like to have it up into years or at least significant portions of it that are the most problematic. >> eric: two years seems very, very optimistic. i know they keep promising to get it done in two years. i've never seen anything built in two years, especially in 190. i hope as general kelly said that it is substantially underway, and i think he means -- you point out the rio grande. there is traffic that goes back and forth. get that secured. the money and, i don't think it's going to be an issue. for to -- something that's important that's going on. holding back funding to cities, sanctuary cities, it strikes me that this is going to go to a court. a liberal lower court is going to say it's unconstitutional or wrong in the same thing is going

to happen. it feels like this is the democrats play, the left play. since you have a 4-4 italian the supreme court. what's going to happen tonight when the ninth circuit listens this immigration argument. if they find that this day is an order, drunken push push it to the supreme court and it's going to get stuck in a 4-4 tie and go back to the lower court. the left is playing this very smart. they can slow-walk this nomination for the night supreme court justice. once you are down to 4-4, you go back to the lower courts and the lower courts are willing to take the liberal side of things. >> juan: republicans to do this. >> dana: i think it would be a good idea to get the sanctuary city question answered by the courts. neil gorsuch will be confirmed by april, may be june the lates latest. by the time a case on sanctuary

cities, would make it to the supreme court, there's going to be someone there. it won't be a tie any longer. i think that court would rule against sanctuary cities but the question should be put to the court and answered so everybody can figure out the right policy. >> kimberly: don't you think that the right thing to do? >> dana: i do. >> kimberly: budget, finances. greg. >> greg: i agree completely. the wall can't be the only thing, nor will it be. terror suspects are coming from canada, not mexico. i want a retractable dome. if you're going to steal from somebody, i would steal from victor david hanson, who said in a recent column "donald trump may not be normal but his agenda is. we are not used to seeing a normal, centrist agenda. it is so normal that it's

radical, the idea of getting rid of sanctuary cities is common sense. it's an example of something that sounds good but it's deadly. it's like malaria. it will kill you. what i'm saying is what we are seeing is a normal agenda but after eight years looks incredibly radical. >> dana: i don't think there's anybody named malaria. >> kimberly: i'm not going to touch that. juan. he is saying that some of these ideas, they make a lot of sense, they are more centrist but it seems that the left is objecting because of the person proffering these ideas. >> juan: gosh, so many people on the right to have been critical of the sanctuary cities idea. people on this very network have been critical of it. the idea has won support from police chiefs around the country and they say -- i know some of you say it's not true but the

police chiefs say they want people who are illegal immigrants reporting crime, giving testimony about people who commit crime because it's a matter of public safety. they don't want people running away from police, not cooperating with police. that's the argument. that is the heart and soul of it. some of you say that's not common sense. i think that's tremendous common sense. >> eric: i don't know if that's accurate. >> juan: go talk to the police chiefs. it's on the record. >> eric: that they might turn over someone from perpetrating a crime. >> juan: it's not a matter of letting them stay. they are here. >> kimberly: you don't get supported for offering information in the chemical case. >> juan: people who have a criminal record, you are saying. >> eric: as well as others. >> juan: everyone wants the criminals out. president obama called it -- he

was pushing out so many illegal immigrants. >> kimberly: now that president trump is doing it, no one likes it. thank you for making our point, juan. we are going to bring you up on the fight to repeal obamacare. i got it. hashtag "mouthbreather." yep. we've got a mouthbreather. well, just put on a breathe right strip and ... it instantly opens your nose up to 38% more than cold medicine alone. so you can breathe ... and sleep. shut your mouth and say goodnight mouthbreathers. breathe right.

♪ >> dana: an update on a republican effort to repeal and replace obamacare. there is concern among some members of the conservative wing of the party that the process isn't happening quickly enough. president trump indicated the rollout of a new plan could take a while. >> may be some time into next year but we are going to be in the process. very complicated. obamacare is a disaster. going to be putting it in fairly soon. i think i would like to say by the end of the year, at least the rudiments, but we should have something within the year

in the following year. >> dana: house speaker paul ryan says lawmakers are acting as quickly as they can. >> the legislating is going to be done this year. the question is how long does it take to implement? that's why we've got to get tom price at hhs so they can get to work with replacing his collapsing law. >> dana: i'm going to make a point for my great point journal. president trump and speaker ryan get together as a tag team on that issue, they were effective. they sounded reasonable. one of the problems is obamacare was frontloaded with all the goodies up front, all the sugar initially and now if you're going to make changes, there are risks for that to be painful. >> eric: not only that but the longer you wait to replace it, you can repeal, as speaker ryan pointed out. you can replace, repeal right away. it will take longer to replace, but as you take time, the cost

are astronomical. it was cheap up front and backloaded, year five, six where the cost of the government was going to be phenomenal. they need to get it pushed through. they need tax reform pushed through. the conservative right ones obamacare done right away. the tax reform, he will ingratiate himself with the entirety of the american population. do those first. the border wall will get done over time. that's what i would do. >> dana: one of the things you are seeing is that a lot of these town halls, remembering the tea party went to the democratic town halls in 2010 and made their voices known, and made all the republicans rethink whether they should support at all and in any way obamacare. they ended up not doing so but now the left is trying to do the same thing to republicans in their districts. you are hearing there's a lot of political pressure from people saying don't change -- go ahead and make changes to the law but

don't change my benefits. >> kimberly: both are possible. it depends on how they are able to craft it. it's not going to happen overnight. it's going to take some time by their estimate and reasonable estimates of experts that say it could take up to two years. the idea is to make sure nobody falls between the gap. no one wants people in a worse position to not have insurance or to pay more than they are paying now or have less availability. the idea is make it more competitive so that you can actually drive the cost down into competitive markets of they have better choices at a more affordable rate. also to include more people, make it so that it actually makes sense to get in, opt in to a health care system then saying let me take my chances in case anything terrible happens and see how it goes. >> dana: when you were talking about sometimes you have to be mean even if it's unpopular.

good policy isn't always popular. should republicans worry about that? >> greg: the left knows that bad policy can be successful. let's face it. imagine digging a hole about the size of this table, a deep, deep hole and pushing an elephant into it. that is obamacare. it's a horrible idea. the elephant can't get out. it is a irreversible problem. a government program is harder to dismantle than a bomb. you put the elephant in, you can't get it out. he knew it was bad. didn't he say there was a lot of problems with obamacare? once it's there, you can't get it out. it's stuck there. >> eric: it's so bad, they mandated it. if it had merit, they would like to live on itself. >> dana: polls of people saying they aren't happy with obamacare, it's not just because they want it repealed and replaced. they are unhappy it there's not

a single-payer program. that president obama didn't go far enough. >> juan: i think right now, you know, i'm sitting and listening to you guys and i think i shouldn't laugh out loud. i shouldn't be rude. obamacare is going away right away. it is so terrible, get it out of here. this is like the dog that caught the car. what are you going to do? everyone saying we have ideas. chaos in all the insurance markets around the country. this is a situation where donald trump said just in january the minute tom price is hhs secretary come it's out of here. couple days, it's out of here. now it's february and you have republicans privately complaining hey, this is going to be republican trump care and we are going to be weighed down for all time. >> eric: if you remove the mandate, costs will start --

a better option. >> dana: if you want a reading assignment that takes eric's point and expands on it, michael cannon in national review today. that's your reading assignment for tonight. don't go away. president trump's daily battle against the media is what scott pelley calls "divorced from reality." find out about that next. for leisure. so i go national, where i can choose any available upgrade in the aisle - without starting any conversations- -or paying any upcharges. what can i say? control suits me. go national. go like a pro. i love how usaa gives me the and the security just like the marines did.

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understand the total dishonesty of the media better than anybod anybody. i let people know it. the media is a very, very dishonest arm. >> eric: mainstream media keeps proving his point. >> president trump told the u.s. military audience that there have been terrorist attacks that no one knows about because the media choose not to report them. it has been a busy day for presidential statements divorced from reality. >> dana: >> there have been a ce dozen suspicious deaths of journalists in russia who came out against the government there. donald trump has made no secret about going after journalists. do you find this is a dangerous path he is heading down? >> eric: take it, k.g. i'm shocked she would do that. >> kimberly: how do you have a job when you say things like that? >> eric: she is playing the whole putin thing but you have

equated something bad happening and pointing it towards president trump. >> kimberly: saying journalists are going to be murdered here kgb-style. >> greg: trump agrees with her because he said we kill people. >> kimberly: you are absent. >> greg: i'm making a leap. i will say trump -- that was a good point. trump is correct in terms of what is underreported versus what is over reported. if you look at stories like climate change, police brutality, gender-neutral bathrooms bread they get far more coverage than merited. they do not deserve the same amount of coverage as radical islamic terror. terror isn't high on the list for reporters because it's not as exciting to them. they believe, as cnn stated this morning, that lightning is more harmful than terrorism because it goes statistical the amount of times lightning hits people. it's an absurd argument.

lightning isn't intent on destroying your culture. >> eric: in the media, mainstream media, making such a huge thing out of president trump saying it's okay to be at least friendly with vladimir putin. it's not a horrible thing. meanwhile hillary clinton and barack obama sold 25% of our uranium production to russia. you want to talk about a close relationship? that was a close relationship with russia. >> juan: this man is talking -- he said that somehow vladimir putin killing people, killing journalists, is equivalent somehow because the united states. we are not innocent in the united states and our leadership is engaged in activities? that's offensive. >> eric: i think he was pointing toward leadership. president obama did institutes.

>> dana: that's a stretch. we know that if president obama had said something like that. >> greg: we went ape crazy over that. >> dana: it crosses a line if her argument is that america doesn't do this, why put forward the suggestion that america is likely to because that becomes so ridiculous that that it makes you want to support donald trum donald trump. the left overreacts. >> juan: i tell you what. i don't have any sense that katie was talking about something literal. i think she was saying he uses this kind of language. he certainly is angry at the media. the idea that they put out this list. >> kimberly: you don't want to give the president the benefit of t you want to give it to her. >> juan: i give president trump the benefit of the doubt all the time, kimberly. when he puts out a list. the media is complicit. they have their reasons for not covering. greg, cable news lives for

terror incidents. >> greg: cnn devoted years on police brutality. enough hatred toward the cops of the cops couldn't do their job. meanwhile they are doing specials on climate change based on faulty climate models. >> juan: the exception would be -- it wasn't a muslim who did it. it doesn't get covered. what happened in south carolina. when black people get -- that's not mass murder. >> eric: recovered back. -- we covered that. covered the quebec killing. >> juan: that's how i know about it but i'm telling you. somebody said to me today, you know what, on trump's list, no mention of terror attacks in

israel. none. >> eric: other networks covered the quebec mosque attac attack. it wasn't a muslim perpetrating the crime. >> juan: all of us can cover terror to the end of the earth because it gets ratings. it scares people. >> kimberly: it sounds like we are excited about it. i want to make a clear distinction that that's not the case. we don't live for terror attacks paired we have an obligation to report it. >> juan: we do. somehow trump is saying that the media is complicit. they have reasons. >> greg: we live in a world where the media doesn't believed terror is high on the priority list. president obama has said that lightning is more dangerous than terrorism. today on cnn, they parroted the same thing. media believes certain things like climate change, gender-neutral bathrooms,

bullying, the glass ceiling, all these things are more important than us reporting terror. >> dana: you are making a superior argument to putting out a list of 78 terror attacks that weren't covered. that's a better argument. >> kimberly: the mainstream media, they'd turn it into a push for gun control. every time there is a terrorist attack. 580 convicted terror attacks. >> juan: what is offensive is that you have journalists who go out and actually cover on the ground. they risk their lives and somehow president trump is saying they have their reasons, like somehow the media is the enemy. >> eric: we need to go. vice president mike pence made history on capitol hill today, casting the deciding vote to finally confirm betsy devoe's. our thoughts on that when "the five" returns. what's the best way to get

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>> the yeas are 50. the names are 50. the senate being equally divided, the vice president votes in the affirmative and the nomination is confirmed. >> juan: dana, you had two republican women, murkowski of alaska and collins of maine who voted against devos. this is the first time we have seen this in the republican ranks. >> dana: it's not that big of a deal but for those two senators, they have their phones ringing off the hook from their constituents, some people think those were fake calls but they know their districts and their state and they decided. they also knew they could vote against and she was still get confirmed. because pence did the tie. i think the democrats believed this was a wonderful exercise in their ability to show the administration that they are really going to take it to them and i see it as a total waste of time. while they have been trying to deny these nominees who are

going to get confirmed, their confirmation, they are wasting valuable time getting on board trying to figure out how they can be a part of the policy train which is all the way down the road. >> juan: eric, what about the idea that she is for school. >> eric: i will go quickly. jeff sessions, rex tillerson. let's go with betsy devos. now andy potts. here's the next when they're going to do and they will fall one of the time. >> kimberly: no surprise here, especially with collins. what dana said, collins has strong ties to the teachers union and neither the -- the teachers unions are not fans of president trump or betsy devos. >> juan: i am a big fan of school choice i have to say betsy devos has become so polarizing that it's almost like people are focused on her and not on changing schools. >> greg: you are right. her harshest critics cannot deny their abject failure in

educating the young through our public school system. it's an absolute disaster. they have no alternatives. she supports choice, which the left only embraces when it comes to terminating a child but not when it comes to educating one. she has for private schools, charter schools, remedies -- vouchers, you name it. all they care about is protecting thereabouts. >> juan: i think betsy devos, i'm a supporter but i've got to say she did not have good hearings on capitol hill. "one more thing" is up next. ♪ across new york state, from long island to buffalo, from rochester to the hudson valley, from albany to utica, creative business incentives, infrastructure investment, university partnerships, and the lowest taxes in decades are creating a stronger economy and the right environment in new york state

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♪ >> greg: "one more thing." >> eric: maxine waters has been calling for trump's impeachment. grounds for impeachment are treason, bribery, high crimes and misdemeanors. not just that you don't like the guy. >> how can a president who is acting in the manner that he's acting, knowing that he's responsible for supplying the bombs that killed innocent children and families in, in aleppo. the fact that he's wrapping his arms around putin while putin is continuing to advance into kore

korea. >> eric: crimea, not korea. >> kimberly: you know, that really upsets me. >> greg: happens to all of us. for example, greg's awesome news. ten years ago today was my first day on the job at fox. do you want to see how bad someone could be at their job, look at this. hey, this is redeye, a new show about politics, pop culture, and macrame. i am greg gutfeld. the first thing we are going to talk about, we are going to talk about porn. nothing has changed. i can't believe i'm still here. i would like to thank the peopl people. i have outlasted myself at ten years. >> eric: your longest time somewhere? >> greg: it is.

>> juan: it is safe to say former president obama is enjoying his retirement. new pictures show the former president on vacation in the british virgin islands with richard branson and trying a new activity. kite boarding. he told branson he hadn't been surfing in eight years so before trying kite boarding, obama spent two days, practicing flying a kite. once on the water, a lot of falling. even race between the two which obama won back. branson said after all obama has done for the world, he couldn't begrudge him a well-deserved wi win. >> eric: strings are always being pulled. >> dana: i want to welcome to the world a cute fella. he was born to my cousin and his wife last thursday in rapid city, south dakota[. they live in newcastle, wyoming.

he's a sweet cowboy and i can't wait to meet him. >> adorable. >> kimberly: we have a new book out by our good friend todd. it is called "the deplorable guide to making america great again" tom reports from the front lines of the culture war in america. you can check it out. my favorite is chapter 15. would you like me to read from it while you stare at me mesmerized? here we go. >> dana: after yelling at us that we have no time, they want to hear. >> greg: your ten years is coming. >> eric: august. >> greg: we have to have a 10-year party. >> juan: what are you going to do for me? i've been here 20 years. >> kimberly: we haven't driven you crazy?

>> greg: crazy times. set your dvr so you never miss an episode of "the five." that's it for us. >> kimberly: but not really. o'reilly. >> this is a fox news alert. hearing set to begin any minute now over president trump's order. i am bill hemmer in for bret baier. san francisco is the venue, ninth circuit court of appeals. both sides are given 30 minutes to argue and then a decision by a 3-judge panel may come later tonight or later this week. we have team fox coverage. anna napolitano in new york on the merits of the case. dan springer in seattle, but we begin with chief white house correspondent john roberts and how they trump administration is making its case tonight. good evening to you. >> good evening to