♪ ♪ abby: live look there outside of our offices this morning. good morning, you're watching "fox & friends first" on wednesday. heather: i'm heather childers and thanks for starting your day was. fox news alert, a decision could come at any moment in the high-stakes legal battle over president trump's immigration order. abby: fate and epic showdown now in the hands of the ninth court of appeals. heather: griff with the very latest, this was something to listen to. >> it is, good morning, heather and abby, we could get a

decision as early as today. ninth circuit court of appeals deciding whether the travel ban should remain. three-judge paneled hammered away at the administration over motivation for the ban. >> has the government pointed any connections with terrorism? >> in 2015 and 2016 both congress and the administration made determinations that these seven countries post the greatest risk of terrorism and in doing so restricted visa waiver to people who even traveled to those countries over the last five or six years. the executive order relies on that determination. >> the judges pressing attorney from state attorney of the state of minnesota. >> we need to proof that it was

motivated -- >> in fact, the vast majority of muslims are unaffected. >> the statement and top advisers are evidence that at pleading stage to allow us to go forward on that claim. >> earlier in the day, president trump meeting in the white house with sheriffs expressed frustration during the case. >> i can't believe that we are having to fight to protect the security and a lot of people agree with us, believe me. they want to see borders security and country secure. >> while we await that decision, it's important to know that the ruling is not about the constitutionality but merely whether or not it can be reinstated. heather: president trump said he will take it all through the system if he needs to. what is next in this legal showdown over the immigration order? here are four possible outcomes. the restraining order cannot be

appealed, now, the court could find the state's lack stand to go bring the case in the first place or restraining order improperly by the lower court and restraining order was properly issued by the lower court. if two outcomes pan out, it's likely to go to the supreme court where there are only eight justices, remember that, and could end up in a tie. abby: john kelly taking full responsibility of the roll-out immigration halt. he should have delayed the order but defended saying u.s. immigration policy is a trojan horse for terrorism. >> it's entirely possible that someone that's coming in during stay or court action or previous to this period could do us harm. >> but you don't have any proof at this point? >> not until the boom. >> not until the what?

>> until they blow up and they go to a mall and blow up people. abby: in fact, he hopes to trim them down once those countries provide adequate immigration record. heather: senate democrats with another all-time debate with cabinet nominees. abby: elizabeth warren preventing from speak after jeff sessions. >> fall short of having equal participation in the electrical process. he is, i believe, a disgrace to the justice department and he should withdraw his nomination and resign his position. heather: let's get back to jackie ibañez with the latest on this. good morning, jackie. >> jackie: democrats are ramping up tactics this time over jeff

session' nomination for attorney general. president trump borrowing a phrase from senator warren. it's a disgrace that my full cabinet is still not in place, the longest such delay in the history of our country. obstruction by democrats. it was elizabeth warren, she's ban from talking for the rest of the debate on sessions after using the word to slam him as an enemy to civil rights. the response from republicans sending shock waves through washington voting to ban the outspoken liberal from the rest of the debate saying her unfair characterization of sessions violate senate rule 19. >> it's truly time for our friends on the other side to get over the election. let this administration get up and get running. we will get through all of these nominations. it's taking longer than it should. we will get through all of them sooner rather than later. >> vice president mike pence

casting unprecedented tie-breaking vote to end her grueling confer mission process but when asked if democrats would relent minority leader chuck schumer had this to say. >> stay tune. stay tune. >> we will be wacking senator sessions confirmation as the next attorney general set for 7:00 o'clock tonight. >> thank you. heather: 30 hours. in the meantime -- abby: >> seven tornadoes touched down serving a path of destruction. [shouting] abby: unbelievable. security cameras catching

another tornado. so far no deaths have been reported. >> another major storm system taking aim at the east coast. senior meteorologist with what to expect, what is next. abby: it's coming here apparently, janice. >> we had tornadoes across mississippi. thankfully no deaths which is great news. we do have a new system that's going to affect the northeast including the big cities of philadelphia up towards new york and boston. let's look at the last 24 hours. our storm is going to dive up the ohio river valley and become a coastal event tonight over tomorrow. tomorrow rush-hour commute is going to be fresh rouse if not impossible to travel across. there's thursday am. philadelphia and new york up towards boston and new england. this is a quick mover relatively speaking but in the short period of time we could receive 6 to 10-inches of snow.

expect snow days across i-95 corridor. all of this coming really thursday in the morning in towards the afternoon. by friday it's out of there but we have winter storm warnings in affect. millions of people affected from philly, new york and up towards boston. >> 6 to 10-inches of snow in a short period of time is going to disrupt if not cripple travel. abby: people need to be be prepared. heather: thank you, janice. janice: of course. hour's long stand-off with police in georgia motel. accomplice surrendered to authorities awaiting

extradition. suspected of killing four women in florida and alabama. latest victim a mother died after being shot inside her home. her baby just steps away. most of the murderers appear to be random. members say he fell at the basement stairs at a party. the dead is accidental. police has surveillance video from inside the house will help shed some light on exactly what happened. the fraternity is now suspended. abby: tensions reaching a boil point with iran as images showing the nation preparing for missile launch. officials say the satellite image confirm activity during near launch site. the major concern right now

missiles use as ballistic missiles. u.s. has issued new sanctions and put the country on notice. also this morning, thousands of illegal outraged o.13000 complaints unsatisfied about amnesty right rights. heather: epic parade for an epic super bowl win. tom brady and the patriots rolling through boston celebrating fifth championship and 1 million fans and snow and rain to cheer them on. abby: what a game it was. one player had a really, really good time.

he even took his shirt off and shucked a few more. he didn't play in the game because he's recovering from back surgery. heather: falcons fans are not definitely not partying this morning after losing big game, of course, one fan tried to hide his pain by burying his jersey with a time capsule. the note says, if you have uneitherred this you have not found anything vintage or cool, this shirt is bad luck, seriously rebury it immediately. heather: i think they are still looking for tom brady's. abby: on ebay. heather: terrifying video of a store going up in flames as a worker barely makes it out. the urgent warning now from fire marshalls.

surfs up, former president obama loving life, the pictures of post washington lifestyle that you have to see. [laughter]

. . .

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my doctor said preservision areds 2 has the exact nutrient formula the national eye institute recommends to help reduce the risk of progression of moderate to advanced amd after 15 years of clinical studies. preservision areds 2. because my eyes are everything. abby: talk about a bad day at work. take a look at this. a woman narrowly escapes a raging inferno ignited by propane explosion inside the idaho store, she walked outside to make a call after smelling gas, two minutes later flames spreading all the way to the walls, all due to snow pack covering the regulator outside, luckily no one was hurt. an elderly pilot is lucky to be

alive after a crash landing. it started having mechanical issues, witnesses heard the plane explode right into the trees and ran to help him out. the pilot was able to crawl out of the plane itself and two good samaritans were able to walk away from the fire. he was taken to the hospital and is okay. heather: flight club for socialists? >> the first rule of fight club is you do not talk about flight club, second rule of fight club is, you do not talk about fight club. heather: remember that movie? a group from the university of central florida known as the knight for socialism holding a leftist flight club for anyone except republicans and it is design today teach left-wing students they say hand to hand combat against what it calls the alt-right movement. interesting. history, math and spotting fake news, how about this, that is what seattle middle students are learning.

seattle times reporting that librarians at like side school are teaching a class called digital life to fifth and eighth graders and students get questions about stories like what is the evidence and consider the source. one librarian says that it is their job as teachers to address what's going on in the world. abby: well, a shocking clip on climate change whistle blower. cheryl: this is something else, good morning, a whistle blower for the key obama official ignored a change that showed slowdown in global warm. sort of the earth was warming at the same end as last century, but was the report rushed and did the scientist publish report to help boost then president

obama's clean power plan. whistle blower john bates told they had good data and corrected it by using bad data to ships, you never change good data to agree with bad but that's what they did to make it look like the sea was warm. now, another scientist has rallied around carl. rush seems to believe this is personal. >> all he is doing, quote, is calling out a former colleague for not properly following agency standards. this is not the making of a big scandal. this is an internal dispute between two factions between an agency. cheryl: well, thomas carl deny it is report was released and noa spokesman told that the agency stands behind scientists, of course, that debate may continue for quite sometime. abby: i have a feeling it will.

heather: time now 18 minutes after the top of the hour and controversy brewing at starbucks, yeah, the coffee chain offering free legal advice on trump's travel ban and social media is outraged. carley next. >> why pregnant women shouldn't drink out of plastic water that's charmin ultra strong, dude. cleans so well, it keeps

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heather: welcome back to "fox & friends first". your job nay be affecting your ability to get pregnant.

stressful work environments have a negative impact on a women's fertility and that includes working overnight shifts and jobs that require heavy lifting. the underlying cause is unknown but experts agree that women should consider schedule and daily routines before starting a family. abby: if you're already pregnant, drinking out of plastic bottles could make your baby fat. when an unborn child is exposed to bpa it could affect appetite control later on in life. heather: and starbucks now offering free legal advice about a president trump's immigration order. abby: carley shimkus with headlines with what is brewing. heather: always some type of controversy. carley: good morning, abby, heather, starbucks is teaming up with earth&young. the immigration adviser program,

an effort to help workers affected by president's travel ban, but some folks online say shar stucks should -- starbucks should stick to serving coffee. don't go chasing politics, police stick to the nasty mochas and mike crow wave crossants. heather: he had another essential media site? carley: white house press secretary sean spicer is getting trolled is a popular app that let's user request money from friend but spicer supposed account is now getting inundated with fake requests for cash from people he's never met before. here is one woman who wants him to fork over 600 bucks saying,

almost forgot here is my january 2017 bill for mental health counselor, psychiatrist, anxiety medication and my women's health check-up. let me know if you want receipts, i will send them your way. she lathe sent him another request. but it's all not bad news. we know he likes gum. >> he had the website, seanspaceer.com i believe it was and another area that you can go on the internet. he forgot to delete that part of it and it had his personal cell phone number on it and people were calling yesterday. abby: new pictures of president obama. carley: you remember when

hillary clinton was spotted in the woods, it looks like president obama is having great fun outdoors as well out into the white house and water. these pictures are going viral online and a lot of people are getting a huge kick out of them, tr says, the former moocher and chief gets vacation. that's not very nice. joe biden is looking at these pictures like, oh, he wants his friend back. he misses. carley: i tried kite surfing and harder than it seems. heather: can go high in the sky. carley: you need serious upper body strength something i'm still working on. abby: thank you, carley. heather: starbucks offering legal advice or should the

coffee chain stay out of politics. log on for live debate #keeptalking. abby: 27 after the hour and democrats are over confirmation of betsy devos, newest threat is homeschooling. >> you have throwing shade. heather: slowing shade and bench watching. the word added to the dictionary. >> while all of this is going on in washington. this is what president obama has been up to. kite surfing. [cheers and applause] >> with richard branson. obamacare in the world. [cheers and applause] >> that is the smile of a man who had no idea he might not be let back in the country

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♪ ♪ ♪ heather: lights shining on in new york city, time square, rainy morning. a lot of the country dealing with winter weather and bad weather, tornadoes as well. we will get to that in a morning. good morning, you're watching "fox & friends first", i'm heather childers. abby: i'm abby huntsman. legal battle over president trump's immigration battle could come down any moment. heather: the decision in the hands of three federal judges, griff is life with what is next, good morning, griff. >> any minute now the ninth

circuit court of appeals deciding whether the travel ban should remain in effect. a hearing that got heated last night at three-judge panel hammered away at the administration over motivation for the ban. >> has the government pointed any evidence connecting these countries with terrorism? >> in 2015 and 2016 both congress and the administration made determinations that these seven countries posed the greatest risk of terrorism. and in doing so, restricted visa waiver to people who had even traveled to those countries over the last five or six years. the executive order relies on that determination. >> the judges also pressing the attorneys from washington state and minnesota to proof harm. >> executive order itself that caused harm to our states,

minnesota and residents. >> what's the harm to the state of washington? >> unit and faculty stranded overseas, we had families that were separated, we had -- we had long-time residents who could not travel to travel their families without knowing they they would be able to come back. >> earlier in the day the president expressing frustration over the case. >> i actually can't believe that we are hav protect the security and a lot of people agree with us, believe me. they want to see our borders secured. >> the hearing conducted over the phone and made public via life streaming may have topped more than a million listeners for a pretty dry hearing. heather: thank you so much, griff. elizabeth warren silenced, if you can believe that, the liberal banned from uttering a single word during the debate over senator sessions.

abby: ban follows an attack on the attorney general nominee where she quotes a 30-year-old letter by civil rights leader king, take a listen. >> blacks still fall far short of having equal participation in the electoral process. he is, i believe, a disgrace to the justice department and he should withdraw his nomination and resign his position. heather: let's get right to jackie ibañez for the latest. she broke the rules. jackie: democrats ramping tactics pulling an all-nighter in the senate this time over jeff session' nomination. trump administration slamming for grinding the confirmation process to historic halt, president trump says that's exactly why he's working so hard to drain the swamp. >> it's all politics. one person came up to me,

senator, democratic senator came up to me the other day and said jeff sessions is a fantastic man. i said, oh, great, i guess that means you're voting for him, no, i'm not doing that, politics doesn't allow me to do that. >> elizabeth what rent igniting massive fire storm. the response from republicans sending shock awes through washington. voting to ban the outspoken liberal from the rest of the debate saying her unfair characterization of sessions violates senate rule 19. this comes on the heels of a historic confirmation for education secretary betsy devos, mike pence casting tie-breaking vote to end her grueling confirmation process when asked if democrats would relent democratic leader chuck schumer had this to say. >> stay tuned. stay tuned.

>> as always, we will be watching senator jeff session' confirmation set for 7:00 o'clock. heather: first time that the vice president has cast that vote, deciding vote for a cabinet pick. abby: historic day yesterday, thank you, jackie. also this this morning, advocates of school choice by chose to go homeschool kids, furious over confirmation betsy devos, i used to make fun of homeschooling but now we live in opposite land where homeschooling may be the only way to learn science. thank you for confirming our choice to start homeschooling, this one, i have become in extremely in favor of homeschooling. heather: is this a preview of a senate race to come, former major league bringing the high heat against elizabeth warren. >> as i talked about potentially running for senate, this is a blue-collar state.

there is no way that -- that the fishermen on cape cod are elizabeth warren fans. she represents everything we hate about politics. heather: schilling did not make a decision on when he would run. abby: everything is bigger in texas and apparently it's there too. naming austin as the best place to live in america. heather: i interviewed for a job there many years ago. rating on affordability and job prospects and quality of life. denver, colorado, falling from top spot, though, to number two and san josé, california rounds up the top three. abby: austin with a lot of good bash -- barbecue. heather: good music too. janice dean following latest track is up next.

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abby: we are back with extreme weather and state of emergency in louisiana at least seven tornadoes carved a path of destruction through the state. sparks flying as massive twister goes through new orleans. it could be days before power comes back on and only splinter wood stands, so far no deaths have been reported in that state. now we turn our attention to new threat. major snowstorm moving through east. senior meteorologist janice dean tracking the storm. a quick storm but a dangerous one. janice: absolutely.

it's going to come during one of the most vulnerable times, during the rush hour tomorrow dropping a lot of snow in a soft period of time and that could cripple certainly travel. we will see delays cancellations and school closures for sure. this is the storm we are watching the ohio valley, gets off the coast tonight and starts to strengthen and dropping 6 to 10-inches of snow in a very short period of time. ironically 60-degrees in new york city dropping the temperature as 30-degrees as we get overnight into tomorrow. the edge of this coming 4:00 a.m., 5:00 a.m., some of the big cities, we could see a transition quickly from heavy rain to heavy snow. that's going to cause big problems again coming during the rush hour from all of the big cities from philly to boston. 6 to 10-inches easily in a lot of the areas. it'll be hard to show you where the heavy bands are going to show up.

winter weather warnings, winter storm warnings in the pink here. connecticut, lock -- long island, massachusetts where it will exit by tomorrow evening, we have a massive storm system moving to the west as well bringing inches of rainfall. heather, i-95 corridor vulnerable for travel and that's going to cause a ripple affect across the country. people need to be prepared. it's coming. heather: you sent out an e-mail yesterday saying to be prepared. janice: you got it. heather: possibly after a high-stakes hearing on president trump's border order. >> any reason for us to think that there's a real risk? >> has the government pointed to any evidence cicting these countries with terrorism? >> how many federal offenses have we had being committed by

people who came in with visas from these countries? heather: defense secretary john kelly said we won't know that until the boom. where do we go from here. to weigh in attorney chris. thanks for being here. >> thanks for having me. based on yesterday's argument i don't think this court is going to reinstate trump's travel ban. i don't know that they'll necessarily come out today. this is a pretty complex argument. there were four ways i saw them going, two of them seemed most likely, that's number one, they just uphold the district court's decision and number two they actually send it back to the district court and basically say it's too early for us to rule on it at this point, go back to district court, present evidence and then come back and see us after the court, when the trial judge has had an opportunity to review the evidence in a further decision has been made. heather: you said there were four possible outcomes. >> the other two overturn the

district court judge and another would have been, would be my view on it is the -- take the fact that they could impose the ban for syrian refugees who have no connection to these plaintiffs and the second would be to effectively district court's order for the state of washington, their citizens who are actually suing on behalf of. the plaintiff here is the state of washington. heather: the state of washington, they are saying, and minnesota, right. >> right, state of washington and minnesota. heather: the order is based on religion. the president is saying it's based on national security. >> the plaintiffs brought a case saying they are trying to protect their citizens and their businesses, they are sr. no standing to sue on behalf of syria, syrian refugee that has no connection to minnesota or washington and certainly nothing to overturn or trump's broad

authority to determine who can enter the united states and in the national interest of the united states. heather: it's not just muslims from these seven countries because there have been christians who have been stopped as well already specifically from syria. >> absolutely. the current travel ban is much broader than just the seven muslim countries. heather: in terms of the president, he says he's ready to take this all the way through the system, that, of course, would be the supreme court. what will happen there? >> right now we only have 8 justices, defending on -- heather: tie. >> depending who wins, the timing of appeals could matter and depending whether judge gorsuch is ultimately confirmed and sitting on the supreme court. if the lower court rulings are unfavorable to trump, that means when they go to the supreme court they are going to need five of the nine justices and certainly gorsuch and the probability increases of a trump win with him on the court. heather: you have to look at that.

speaking of timing, it was only a 90-day, 120-day ban, so will that start if the stay is in place? >> there's other parts, for example, the syrian refugee ban that's indefinite that could remain in place and certainly what happens and what preference are given to refugees when the ban is lifted and refugees are allowed back in the country. heather: we will see what happens. another busy day. great of you to come in. i have a feeling you're going to talk more about this. >> nope, you pretty much covered it all. we will expand on it, heather, a lot of your topics and sound bites, we will talk about the latest of the immigration battle. sounds boring but very impactfulment here to weigh in jeff blake, big critic of donald trump at times but now he's

talking about overturning and getting rid of the ninth district court and getting new people in there. plus, is this the picture everybody talking about? christie brinkley posing with her daughters, why isn't she aging? does this have to do with movie from last year? also why exactly did she break up with billy joel. we will get to the bottom of that. i urge you on behalf of all america, please get dressed. do not be late again today. throw in the animation, i am going to get busy. (announcer) at boll and branch,

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heather: hero first responders who saved lives on 9/11 scammed out of millions of dollars. abby: cheryl, good morning, what's going on here?

>> a company out of new jersey is subject of a lawsuit here in new york. the attorney general here filing this yesterday alleging that they scammed not only 9/11 victim who is were suffering from medical issues including cancer but also former nfl players who were suffering from ste, concussion disease basically going after them trying to get into their settlements before the settlements were paid out to these victims of these two different issues whether it was 9/11 or whether it was the nfl. basically they were charging them high interest, high fees, this goes into the millions of dollars and the new york attorney general is suing them to try to get restitution for those victims. heather: well, i don't know about you, i don't see the problem here, i always roll down the window to open my door. cheryl: that could be an issue. you think when you roll down the window that that's what's going to happen. what's happening on some nissan atmas the door is opening, not a good thing specially if you're driving, now, if you do have a

nissan atma, you will get a letter within next 60 days from dealer, you take it in and they will fix it. it's a wiring issue but luckily no injuries or accidents have been reported. abby: i want this job. looking for literally paid to taste test. cheryl: yes, taste testing chocolate. sign me up. part time, 7 and a half hours a week, chocolate cocoa beverage tester. it happens to be in the uk, that's the only downside. you'll be tasting new products, a new who are oreo or milk called mocha. we had taco bell, mcdonalds. abby: i think we have proven ourselves. cheryl: we have done well. heather: thank you, cheryl. abby: time for you to rush --

brush up on vocabulary, the miriam winter just added a thousand words. >> what's happening? >> you're throwing shade and you are surprisingly good at it. heather: throwing shade is now officially in the dictionary, to hurl insults. abby: bench watch, micro aggression, photo bomb, yausa, first world problem, that's also one. >> when it comes to politics, truther, scotus, they are all in the dictionary now. abby: yowza, really? heather: hopefully those will go away soon. abby: slippery slope of the words. heather: time now six minutes until the top of the hour. what happens when a burglar

tries to take on chattered proof glass? abby: the adorable donkey who helped his friends escape. >> like you talked to me about your gaming room. >> our gaming room. i was going to put a scented candle. ♪ ♪ ♪ bp engineers use robotic ultrasound technology, so they can detect and repair corrosion before it ever becomes a problem. because safety is never being satisfied. and always working to be better.

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heather: time now for the good, the bad, the ugly. up first the good as always. team work makes the dream work. get it? well a donkey lending a helping hoof to a fellow friend stepping behind a fence in italy and coming to the rescue. the donkey removes the fence. with his mouth and it allowed all the donkeys to escape, including himself. abby: i would do that for you. heather: i would do that for you. abby: you heard of sour grapes. how about drugs drugs fake lims coming from mexico. have street value of $800,000.

heather: ingenuity for something evil. two trying to break into a florida gas station. they tried to use a hammer to get inside. after no avail after getting denied over and over again the burglars finally walked away. abby: they deserve it. heather: glass wins that one. abby: "fox & friends" starts right now. have a good day. >> the decision could come at any moment in the high stakes legal battle over president trump's immigration order. >> i actually can't believe that we're having to fight to protect the security of our nation. i can't even believe it. >> betsy devos has just been sworn in as the new education secretary. >> but it took a never before tie breaking vote. >> the vice president votes in the affirmative and the nomination is confirmed. >> extreme weather alert. tornadoes slamming southern louisiana today ripping houses from their foundations. [screams] a tornado. >> next thing you know i'm in the bass tub and the house collapse. >> elizabeth warren banned after igniting firestorm