>> tomorrow is thursday. tail end of the week. we have judge napolitano on live with us. tomorrow tia kyle. >> i'll be on later if you have some time. >> bill: fox news alert now. any moment now president trump said to speak live at a gathering of sheriffs in washington, d.c. as soon as that happens we'll bring it to you live. first we watch and wait for a decision. attorneys making their case to a federal appeals panel to reinstate president trump's travel ban and a ruling on that could come at any moment. as we do that today we say good morning. back in new york city i'm bill hemmer live in "america's newsroom." >> i'm ready for a big day. excited. i'm melissa francis in for shannon bream. in the meantime an appeals court panel hearing arguments by phone. the justice department arguing president trump's travel ban is

constitutional. the judges pressed both sides, including white house lawyers, who made part of their case this way. >> we aren't saying the case shouldn't proceed but it is extraordinary for a court to en join the president's national security determination based on some newspaper articles. that's what has happened here. that is very troubling, second guessing of the national security decision made by the president. and the notion that we are going to go back into court -- >> this is judge clinton. you deny the statements attributed to then candidate trump and to his political advisors and most recently mr. giuliani, do you deny those statements were made? >> he wasn't going to look at campaign statements according to judge robart. >> bill: let's start with john roberts. good morning to you, 30 minutes

aside last evening. how did the government go about in laying out its case? >> interesting arguments last night, bill, during the supper hour. a big part of this case goes to intent. you heard judge clifton talking about it then. was the president trying to enact a defacto ban against muslims by creating the broader order? the three judge panel expressed concern if that, in fact, was the intent this case could run into some constitutional problems which may make them less likely to lift this temporary restraining order. the president for his part denies this is a muslim ban saying it's crucial for national security tweeting out a couple of times this morning saying i'll be speaking at 9:00 a.m. to police chiefs and sheriffs and discussing the horrible, dangerous, and wrong decision, to impose the temporary restraining order and saying if the u.s. does not win this case as it should. we can never have the security and safety to which we are entitled. politics. the department of justice

career attorney who made the oral arguments last night insisted that it wasn't the president who singled out the seven countries involved. listen here. >> in 2015 and 2016, both congress and the administration made determinations that these seven countries posed the greatest risk of terrorism. the president comes into office with an obligation to protect the national security of our country. >> the critical aspect of this case whether the state of washington and minnesota have standing to bring the case before the district judge in seattle. the white house argues they do not. they can't as states represent injured parties, individuals and that the federal government has the sole authority in immigration and the states have nothing to say about it. the court expressed skepticism to both sides. difficult to tell which way this one will go. it's possible we could have a decision today. a lot of people are saying more likely tomorrow or not until

friday. >> bill: about this time yesterday from the homeland security secretary about the roll-out and the executive order. john kelly. his first public appearance in that position before lawmakers. >> there was a lot of criticism about how the executive order was rolled out. members of congress saying we didn't know about it and reports the secretary of homeland security didn't know about it but he put those the rest. he said we should have done a better job how we got this out there saying basically my bad. >> in retrospect, this is all on me, by the way, i should have delayed it just a bit so that i could talk to members of congress, particularly the leadership of committees like this to prepare them for what was coming. >> back to the court case the president hot under the collar about all of this saying yesterday when he met with members of sheriff's association he can't believe he is embroiled in a court battle over all of this.

he was warned, you heard laura ingraham talking earlier today she told a senior white house official get used to this because it will happen all the time. we'll see what he has to say about it in a few minutes. >> bill: thank you, john roberts there on the north lawn. >> melissa: another all nighter on capitol hill. senate democrats trying to block a trump cabinet nominee. this time it was attorney general nominee jeff sessions. there was also a dust-up between senator elizabeth warren and mitch mcconnell accusing her of violating the rules. listen. >> a person who has exhibited so much hostility to the enforcement of those laws. >> the senator is reminded it is a violation of rule 19 of the standing rules of the senate to impute to another senator or senators any conduct or motive or becoming a senator. >> mr. president.

i don't understand. i'm reading a letter. >> i call the senate to order. >> i'm surprised that the words of coretta scott king are not suitable for debate in the united states senate? i ask leave of the senate to continue my remarks. >> i appeal the ruling. >> object. >> objection is heard. the senator will take her seat. >> melissa: rule 19 peter doocy live on capitol hill where all the flames and smoke and fire are this morning. tell us about it, peter. >> the senate is notorious for taking way too long but they moved quickly last night to vote 49-43 to sideline senator elizabeth warren until the end of debate on senator jeff sessions as attorney general which will come stimulate last night. you heard a little bit of it there. senator warren was trying to use a decades old letter by

coretta scott king to make a case against sessions as a.g. republicans did view the text that she was reading as a violation of rule 19 which clearly states this, no senator in debate shall directly or indirectly by any form of words impute to another senator or to other senators any conduct or motive unworthy or unbecoming a senator. but apparently warren really liked that letter because even after they banished her from the senate floor she went on facebook to read it anyway. >> tonight i wanted to read that letter and senator mitch mcconnell and republicans came to the floor to shut me down from reading that letter. so right now what i would like to do is outside the senate i just want to read the letter. >> senator orrin hatch has been around the senate for seven terms and warned if republicans and democrats don't respect

each other more the upper chamber will turn into a jungle. hatch also defended his friend, senator jeff sessions. >> we're treating him like he is some terrible person who doesn't deserve to be chosen by the current president of the united states, the attorney general of the united states. i think we ought to be ashamed of ourselves, i do on both sides. and frankly, we've got to get to where everything is not an issue here. >> we're likely to hear a lot more about this dust-up in the days and weeks to come. senator warren is considered a contender for the 2020 presidential nomination and she is known as an ideological leader for liberal democrats. >> melissa: when in doubt tweet or facebook it out. thanks so much. john roberts told us about the ongoing legal challenge to

president trump's first imagine or policy move and the add to that democrats doing all they can to slow walk the confirmation of the president's key cabinet picks. chris stirewalt joins me now. this is how we'll do it for the next four years. >> jeff sessions ought to send a fruit basket to elizabeth warren. the good one they dip in the chocolate. it is so good. he ought to send it to her because it not only probably got him votes but it probably got votes for judge gorsuch, the supreme court nominee of president trump because when you engage in conduct like this, it's small, less than, you take away from legitimate arguments on your own side. that's what she did. look, she is running for reelection, we understand the cynical motivations she has in so doing. but she is hurting her party as she does it because she is helping republicans and she is putting waivering democrats on the griddle as they say i don't want to be like that.

>> melissa: tell me the truth because you are a walking political encyclopedia. had you heard of rule 19 before or were you like elizabeth warren when she said what? >> i didn't know its number but she knew its contents. and she is a smart human and she is aware of what she did and i suspect -- this is just guessing on my part -- democrats are looking for a way to make a statement. >> melissa: love seeing you. thanks, friend. >> bill: quick work, reverend. >> melissa: got a lot to cover. >> bill: we have a lot of breaking news now. the battle over the travel ban continues while democratic senators continue to stone wall senator jeff sessions. senator ted cruz, a former solicitor general himself is here to respond to all that. a lot on the agenda for him

coming up. the question before the court right now in san francisco is the temporary restraining order, is it valid or is it not? they're trying to decide that at the moment. >> melissa: president trump set to take to the podium any minute now in washington where he will address a gathering of police chiefs and sheriffs from all across the country. we'll bring that to you live as soon as it happens. >> bill: three judges debate the fate of the travel ban. the arguments have been made. how will they rule and what happens after they rule? plus this today. >> melissa: tornadoes ripped through new orleans damaging areas that had just recovered from hurricane katrina, more on the damage and the first step towards recovery next. >> it's bad. it was darkness, something blowing in the sky. next thing you know i'm in the

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tech: at safelite, we know how busy your life can be. mom: oh no... tech: this mom didn't have time to worry about a cracked windshield. so she scheduled at safelite.com and with safelite's exclusive "on my way text" she knew exactly when i'd be there, so she didn't miss a single shot. i replaced her windshield giving her more time for what matters most. tech: how'd ya do? player: we won! tech: nice! that's another safelite advantage. mom: thank you so much! (team sing) safelite repair, safelite replace. >> bill: we're waiting to hear from the president. we'll take you there live in washington we expect some comment from him perhaps about the ongoing battle over the travel ban. he has been tweeting about it already today. it is now in the hands of the 9th circuit court of appeals out of san francisco. three federal judges striking a somewhat skeptical tone during yesterday's hearings questioning tough for the

government and questioning tough for the lawyers who represent the state of washington so the question here is the motivation for the ban. the department of justice on behalf of the trump administration arguing this ruling was about safety. watch. >> the president determined that there was a real risk. that's why the president determined that the best course was a temporary -- it's a short halt -- in entry for 90 days while these procedures are looked at. that's understandable. the president comes into office with an obligation to protect the national security of our country. >> bill: okay now jay sekulow, good morning to you. and i know we may be interrupted here. if that happens we'll take the president's comments live. the trump administration will argue here that it's temporary and doesn't affect all muslims. the greater majority are not affected. that green card stipulation has

since been amended. is that strong enough to win now? >> it sure is. bill, this is a straight forward question. the real issue before the court and not addressed well by the department of justice, does the president have the constitutional and statutory authority to issue this proclamation and executive order regarding alien entry into the united states? the straight forward and simple answer to that is absolutely he does. it has it by statute and article 2 of the constitution. the idea the court is trying to second guess this or the court trying to make this into some kind of muslim ban as if it's a religion clause violation is absurd. i think the court got it wrong in their questioning way off field and frankly the department of justice lawyer didn't help them very much. this is a really straight forward case. ultimately the president prevails. it may take supreme court action. >> bill: 85% of muslims in the world are not affected by this. i want to squeeze in some argument on behalf of the judge out of washington state. watch.

>> we detailed a number of harms. we had students and faculty at universities stranded overseas, families separated, long-time residents who couldn't travel overseas to visit their families without knowing they would be able to come back. we had lost tax revenue. >> bill: stranded over seas and lost tax revenue. something we'll come back to as we see president trump in the room meeting with sheriffs in washington, d.c. give this a listen. >> i didn't get a standing ovation because they never sat down. i say i got one standing ovation. because they never sat down. but i want to thank you all. i have great, great love for what you do and the way you do it and when i'm with the police chiefs and i'm with the sheriffs of our country. these are the big ones. the really big ones. i just want to thank you very much. and i thought before spoke

about what we're really here to speak about i would read something to you because you could be a lawyer, or you don't have to be a lawyer. if you were a good student in high school or a bad student in high school, you can understand this, and it is really incredible to me that we have a court case that is going on so long. as you know in boston we won it with a highly respected judge and a very strong opinion. but now we're in an area that let's just say they are interpreting things differently than probably 100% of the people in this room. i would like to almost know does anybody disagree when i read this. but i'll read what is in dispute, what's in question, and you'll see that it's ina212f8, ucs, 1182f.

suspension of entry or imposition of restrictions by the president. okay, now, this isn't just me. this is for obama, for ronald reagan, for the president. and this was done very importantly for security. something you people know more about than all of us. it was done for the security of our nation. the security of our citizens. so that people come in who aren't going to do us harm. and that's why it was done. and it couldn't have been written any more precisely. it's like gee, we wish it were written better. this is what they're arguing. whenever the president finds that the entry of any aliens -- the entry -- the entry of any

aliens or of any class of aliens -- so any aliens, any class of aliens -- into the united states. the entry of people into the united states, let's say to be precise of aliens into the united states. so any time -- whenever the president finds that the entry of any alien or any class of aliens into the united states would be detrimental to the interests of the united states, right? so if i find as president that a person or group of people will be detrimental to the interests of the united states -- and certainly there is lots of examples that we have, but you shouldn't even have them necessarily -- he may be -- and he may by proclamation and for

such period as he shall deem necessary -- the only mistake it they should have said he or she. but hopefully it won't be a she for at least another seven years. [applause] [laughter] i just noticed that actually, just noticed it. this is not politically correct. it is correct but not politically correct. this is the old days. he may, by proclamation and for such period as he shall deem necessary. here it is, people coming in, suspend the entry of all aliens -- right? that's what it says. it is not like again, a bad high school student would understand this. anybody would understand this. suspend the entry of all aliens or any class of aliens as immigrants or non-immigrants.

or impose on the entry of aliens -- so you can suspend the aliens, right? you can suspend the aliens from coming in. very strong. or impose on the entry of aliens any restrictions he may deem to be appropriate. okay. so you can suspend, you can put restrictions, you can do whatever you want and this is for the security of the country, which again you are the chiefs, you are the sheriffs, you understand this. and i listen to lawyers on both sides last night and they were talking about things that had just nothing to do with it. i listened to a panel of judges and i'll comment on that. i will not comment on the statements made by certainly one judge but i have to be honest that if these judges wanted to, in my opinion, help the court in terms of respect

for the court, they do what they should be doing. i mean, it's so sad. they should be -- when you read something so simple and so beautifully written and so perfectly written, other than the one statement, of course having to do with he or she. but when you read something so perfectly written and so clear to anybody, and then you have lawyers and you watch -- i watched last night in amazement. and i heard things that i couldn't believe. things that really had nothing to do with what i just read. and i don't ever want to call a court biased so i want call it biased and we haven't had a decision yet. but courts seem to be so political and it would be so great for our justice system if they would be able to read a

statement and do what's right. and that has to do with the security of our country, which is so important. right now we are at risk because of what happened. general kelly is an extremely talented man and a very good man, now secretary kelly, homeland security. we are doing our job. he is a great man. [applause] we're doing our job and one of the reasons you probably heard that we did it so quickly -- in fact, i said let's give a one-month notice and then law enforcement and general kelly were so great he said we totally knew about it. we knew about everything. we do things well. we did things right but the law enforcement people said to me you can't give a notice because if you give a notice you will be really tough in one month from now or in one week from now, i suggested a month and i said what about a week? they said no, you can't do that because then people will pour

in before the toughness goes on. do you people agree? you know more about law than -- [applause] anybody, law enforcement. so i wanted to give like a month. i said what about a week? then you'll have a whole pile of people, perhaps -- perhaps, with very evil intentions coming in before the restrictions. so there it is, folks. it's as plain as you can have it. i didn't -- i was a good student. i understand things. i comprehend very well, okay? better than, i think, almost anybody. and i want to tell you, i listened to a bunch of stuff last night on television that was disgraceful. it was disgraceful because what i just read to you is what we have. and it just can't be written any plainer and for us to be

going through this. a highly respected judge in boston ruled very strongly in our favor. you heard that. in fact, i said to my people, why don't you use the boston case? and there were reasons why they couldn't use the boston case. various reasons. but use the boston case. and i won't read that but there were statements made by that judge who again, highly respected, that were right on. that were perfect. they were perfect. so i think it's sad, i think it's a sad day. i think our security is at risk today. and it will be at risk until such time as we are entitled and get what we are entitled to as citizens of this country. as chiefs, as sheriffs of this country. we want security. one of the reasons i was elected was because of law and order and security. it's one of the reasons i was

elected. also jobs and lots of other things, but i think one of the strongest reasons is security. and they are taking away our weapons one by one is what they're doing. and you know it and i know it and you people have been very unhappy for a long period of time. and i can read the polls maybe better than anybody because it seems i understood the polls a lot better than many of the pollsters understood the polls, assuming they were honest polls which i think probably many of them weren't. i really believe that. [applause] but we need security in our country. we have the allow you folks to do your job. you are great people. great people, great men and women and we have to allow you to do your jobs and we have to give you the weapons that you need. this is a weapon that you need. and they are trying to take it away from you maybe because of politics or maybe because of

political views. we can't let that happen. so with that, let's get on to business, right? it's really something. thank you. [applause] i want to thank sheriff senator hutchins and chief tom manager for your leadership and the service. you have had great service. everyone has told me about you two legendary people. we are all united by one shared mission, to serve and protect the public of the united states. during my campaign for president, i had the chance to spend time with law enforcement officials all across our country. they are the most incredible people you will ever meet. and i just wanted to say to all of them right now from the bottom of my heart, thank you, thank you, thank you.

[applause] there are many actions we in the federal government can take to help improve safety in your communities. but i believe that comm safety begins with moral leadership. our police officers, sheriffs and deputies risk their lives every day and they are entitled to an administration that has their back. [applause] the first step in restoring public safety is affirming our confidence in the men and women charged with upholding our laws. and i'm going to add, justices, judges in that category and i'm very proud to have picked judge

gorsuch, who i think is going to be an outstanding member of the supreme court. outstanding. [applause] so i would like to begin my remarks with a declaration issued to all of you and delivered to every member of the law enforcement community all across the united states. my message today is that you have a true, true friend in the white house. you have. [applause] i stand with you, i support our police, i support our sheriffs, and we support the men and women of law enforcement. [applause] right now many communities in america are facing a public safety crisis. murders in 2015 experienced

their largest single year increase in nearly half a century. in 2016, murders in large cities continued to climb by double digits. in many of our biggest cities, 2016 brought an increase in the number of homicides, rapes, assaults, and shootings. in chicago, more than 4,000 people were shot last year alone. and the rate so far this year has been even higher. what is going on in chicago? we cannot allow this to continue. we've allowed too many young lives to be claimed and you see that. you see that all over. claimed by gangs, and too many neighborhoods to be crippled by violence and fear. 60% of murder victims under the age of 22 are african-american. this is a national tragedy and

it requires national action. this violence must end and we must all work together to end it. whether a child lives in detroit, chicago, baltimore, or anywhere in our country, he or she has the right to grow up in safety and in peace. no one in america should be punished because of the city where he or she is born. every child in america should be able to play outside without fear, walk home without danger and attend a school without being worried about drugs or gangs or violence. so many lives and so many people have been cut short. their potential, their life has been cut short. so much potential has been sidelined and so many dreams have been shattered and broken, totally broken. it is time to stop the drugs

from pouring into our country and by the way, we will do that, and i will say this, general, now secretary kelly, will be the man to do it. and we will give him a wall, and it will be a real wall and a lot of things will happen very positively for your cities, your states, believe me. the wall is getting designed right now. a lot of people say oh, oh, trump was only kidding with the wall. i wasn't kidding. i don't kid. i don't kid. [applause] i watch this and they say i was kidding. no, i don't kid. i don't kid about things like that, i will tell you. we will have a wall, it will be a great wall and it will be a big help. just ask israel about walls. do walls work? just ask israel. they work. if it's properly done. it's time to dismantle the

gangs orizing our citizens and insure every young american can be raised in an environment of decency, dignity, love and support. you have asked for the resources, tools and support you need to get the job done. we will do whatever we can to help you meet those demands. that includes a zero tolerance policy for acts of violence against law enforcement. [applause] we all see what happens. we all see what happens and what has been happening to you. it's not fair. we must protect those who protect us. the number of officers shot and killed in the line of duty last year increased by 56% from the year before. last year in dallas police officers were targeted for execution. think of this. whoever heard of this?

they were targeted for execution. 12 were shot and five were killed. these heroic officers died as they lived, protecting the innocent. rushing into danger, risking their lives for people they did not even know, but for people that they were determined to save. hats off to you people. these slain officers are an eternal monument to all of the men and women who protect our streets and serve our public. we will not forget them and we will not forget all of the others who made that final sacrifice in the line of duty. god has blessed our nation to put these heroes among us.

those who serve in law enforcement work long hours and dangerous hours, oftentimes. in difficult conditions and for not that much pay relative to what you are doing. they do it because they care. we must work with them, not against them. for many years they've been working against you. we must support them, not undermine them. instead of division and disunity which is so much, we must build the bridges of partnership and of trust. those who demonize law enforcement or who use the actions of a few to discredit the service of many, are hurting the very people they say that they want to help. when policing is reduced, crime is increased. and our poor citizens suffer the most.

i see it all the time. when the number of police goes down, crime goes up. to build needed trust between law enforcement and the communities they serve, it is not enough for us to merely talk to each other. we must listen to each other. all of us share the view that those in uniform must be held to the highest possible standard of conduct. it's so important. you are the role models to young americans all across this country. many of whom want to go into law enforcement. many of whom want to be a sheriff or a police chief. many of whom. they have great respect for you. tremendous respect. you don't even realize it, but i will tell you, they have great respect and admiration for the people in this room and the people that you represent. and don't let anyone ever tell you different. don't let the dishonest media try and convince you that it's

different than that because it's not. [applause] that is why our commitment to law and law enforcement also includes insuring that we are giving departments the resources they need to train, recruit, and retain talent. as part of our commitment to safe communities we'll also work to address the mental health crisis. prisons should not be a substitute for treatment. we will fight to increase access to life-saving treatment to battle the addiction to drugs which is afflicting our nation like never, ever before. ever. [applause] i've been here two weeks and i have met a lot of law enforcement officials. yesterday brought them into the oval office and i asked the

group what impact do drugs have in terms of a percentage on crime? they said 75 to 80%. that's pretty sad. we are going to stop the drugs from pouring in and we'll stop those drugs from poisoning our youth, from poisoning our people. we are going to be ruthless in that fight. we have no choice. [applause] and we are going to take that fight to the drug cartels and work to liberate our communities from their terrible grip of violence. you have the power and knowledge to tell general kelly, now secretary kelly, who the illegal immigrant gang members are. you have that power because you know them. you are there. you're local. you know the illegals. you know them by their first name and you know them by their

nicknames. you have that power. the federal government can never be that precise, but you are in the neighborhoods. you know the bad ones and you know the good ones. i want you to turn in the bad ones. call secretary kelly's representatives and we'll get them out of our country and bring them back where they came from and we'll do it fast. you have to call up the federal government, homeland security because so much of the problems -- you look at chicago, and you look at other places. so many of the problems are caused by gang members, many of whom are not even legally in our country. and we will work with you on the front lines to keep america safe from terrorism, which is what i began this with. terrorism. a tremendous threat. far greater than people in our

country understand. believe me. i've learned a lot in the last two weeks. and terrorism is a far greater threat than the people of our country understand. but we are going to take care of it. we are going to win. we are going to take care of it, folks. let today be the beginning of a great national partnership. let today serve as a great call to action. and let this moment represent a new beginning in relations between law enforcement and our communities. i want you to know, the american public totally stands with you. i want you to know the american people support you. i want you to know how proud we are, truly proud, to know you. we applaud your efforts. we thank you for your service. and we promise that you will always find an open door at the

white house. an open invitation to our great cops and sheriffs nationwide. they are great people. you are great people. thank you, god bless you, and god bless america. thank you very much, thank you. [applause] >> bill: there is the address in washington, d.c. a lot of news coming off the top. his reaction to the travel ban admitting several times that he was watching television last night and to paraphrase he said they're interpreting this in ways that many others do not. he was essentially making his case, melissa. and did it for security of our nation, he said. i watched last night in amazement he said at one point and explained the reason why he moved quickly. >> melissa: he read that 1952 immigration code right out of the gate word for word and explained his reasoning behind it. why he had the right to do what he did and it really shows you this is how he is going to play it from here on out. you come for him he comes for you right away.

>> bill: a group of sheriffs meeting in washington, d.c. senator cruz with me. good morning to you. i know you've been waiting patiently there in washington, d.c. what did you think of the case he just made there? >> well, good morning, bill. good to be with you. and you know president trump is exactly right. our federal immigration laws give enormous authority to the question over the question of refugees and immigrants. congress has passed immigration laws that explicitly give the president the authority to keep out any class of aliens who pose a threat to this country. and so the actions of an activist judge on the west coast staying this order and listen, the 9th circuit is the most liberal and activist court of appeals in the country. we may see some activist judges trying to put roadblocks in the day but at the end of the day the president has the authority to keep us safe and for eight

years president obama refused to do so and kept letting in refugees who the f.b.i. told us they couldn't vet to determine whether or not they were isis terrorists. it doesn't make sense. president trump was right this morning. it was a big reason he was elected and hillary wasn't is people were tired of the federal government letting in people who we don't know if they are terrorists or not. >> bill: you've argued cases before the u.s. supreme court. nine is that right if memory serves? >> yes. >> bill: is this where this, regardless of what happens in san francisco, is this where we're headed? >> i think it's likely to the supreme court. i'm not optimistic of the 9th circuit. it is a famously activist and lawless court. >> would you expect one of the liberal judges to rule on behalf of the administration. >> i don't know. i hope the decision would be unanimous. the statutes are very clear.

there is no doubting we're living in a politicized world now. politics is hot and those on the left are angry. we're seeing liberals engage in what i'm calling trump derangement syndrome where they are just in denial and filled with rage and fury. i hope if and when this case gets to the supreme court the more liberal justices there don't let their political and partisan leanings cloud their decision. >> bill: president trump tweeted if the u.s. doesn't win this case as it should, we can never have the security and safety to which we're entitled. politics exclamation point. put that argument to the side. let's talk what happened with elizabeth warren. she was asked to conclude her remarks of the may lining of

jeff sessions. you were criticized for going after senator mcconnell on the floor of the senate a few years back. is this different or not now senator? >> it's another example last night of what i said a minute ago bill. the democrats are angry and they are out of their minds. we're seeing in the senate the senate democrats objecting to every single thing. they are boycotting committee meetings and refusing to show up. they are just -- they are foaming at the mouth practically and really where their anger is directed is not at republicans. it is directed at the american people. they are angry with the voters, how dare you vote in a republican president, a republican senate, a republican house. you know, they are right now embracing what many of the senate democrats are taking a lesson of this election. hillary was too moderate and they need to go more elizabeth

warren, more bernie sanders, more extreme and on the fringes. i think that's really unfortunate and i think last night you saw that with elizabeth lashing out at jeff sessions and really lashing out at the american people because she is angry about the election. >> bill: should she have been able to continue? perhaps she could make a case playing by the same rules you were playing by, senator. >> i wasn't on the senate floor last night. i was on cnn in a two-hour debate with bernie sanders on obamacare. i have to say at the time we the sorts of debates that i think ought to happen a lot more often. you know, on most issues in politics you get 60 seconds or 90 seconds and everyone talks through their talking points and you're done. we spent two hours in a town hall with cnn answering questions and talking about it. >> bill: you know the left is fired up and elizabeth warren is helping to lead that charge. >> i have to say by the way the charges she was making against

jeff sessions are very false, they're slanderous and ugly. it is one of the crutches. when the left doesn't have any other arguments they go and accuse everyone of being a racist and it is an ugly part of the modern democratic party. jeff sessions is an honorable, decent person. the charges that she was recounting. senate judiciary committees, we heard from witnesses, people involved in these false charges and i'll point out, the democrats are the party of the ku klux klan. you look at the most racist. the dixie crats they were democrats who imposed jim crowe laws and founded the klan. now the democrats accuse anyone they disagree with of being a racist. it was a false smear of jeff sessions and i think he will make an extraordinary attorney general. after eight years we deserve an

attorney general who is faithful to the law and the constitution. >> bill: you mentioned the obamacare debate with senator sanders. it is said there is no con gaoelg around any particular idea. what is the reality facing congress on repeal, replace, repair, whatever you want to call it? >> number one, we have to deliver on the promises we made. this election was a referendum of obamacare. for six years we promised voters we'd repeal it. we have to deliver and i believe we're going two. there is a lot of agreement on elements to replace obamacare focused around expanding your choice, putting power in the hands of you the patient to make your healthcare decisions with your doctor without government getting in the way. some of those ideas, there is a lot of agreement on, is allowing you to buy health insurance across state lines so you drive down prices and expand choice. expanding health savings

accounts and making health insurance portable so you don't lose it when you lose your job. it goes with you from job to job. >> bill: not an easy list. >> we have a lot of work to do but i'm excited to roll up my sleeves and get to work. >> bill: i wish i had more time. i'm out. my apologies. get back to doing... ...what you love. ensure. always be you. everything your family touches sticks with them. make sure the germs they bring home don't stick around. use clorox disinfecting products. because no one kills germs better than clorox.

>> melissa: an outbreak of tornadoes ripping through southeast la. violent winds destroying homes and businesses, flipping over cars and injuring 40 people. new orleans suffering the worst damage. >> we ran down the hallway into the little bedroom and then we just heard glass shattering, doors. we thought we were going to not make it, to tell you the truth. >> everything collapsed. the wind was just throwing --

tongues me and my son from side to side to the walls. >> melissa: casey siegel is following all of this from dallas. which areas were hit the hardest? >> it's difficult to pinpoint because the damage is so widespread. mostly because multiple tornadoes -- in fact, touched down in the region, seven we know of in new orleans. a number that could go up as teams are on the ground determining what went through there. look at this. some of the most dramatic amateur video we've seen out of the region. the man who recorded it says he was just driving along when he noticed a swirling cloud of destruction. he was afraid but felt compelled to capture it. emergency officials say you should never do that. it is clearly dangerous. now new orleans took the brunt of the damage. you can see from the video how

bad the aftermath is. in some spots homes and businesses blown to pieces, cars flipped over like toys. at least 25 people have been hurt. mostly minor injuries. the governor there has declared a state of emergency, melissa. >> melissa: wow. some of the victims here also victims of hurricane katrina, is that right? >> that's right. that makes this even more heartbreaking. one woman says this woman here that flooding she would prefer over a tornado. she would rather deal with that. the wind is so frightening. she says she saw a funnel cloud headed her way so she took cover in the bathroom and in the tub. all you could hear from things swirling around her. she says she came out. her roof had collapsed and she is just happy to be alive. but to go through this again your heart goes out to this region, melissa. >> melissa: it really does. so terrifying. casey, thank you for that

report. >> bill: president trump making his case on the travel ban says he watched in amazement last night as the arguments were made. what happens now? the judge will analyze next.

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great tasting, heart healthy california walnuts. so simple. get the recipes at walnuts.org. >> bill: it is 10:00 now in new york city. 10:00 in washington, d.c. where we just heard president trump make his case speaking out about the court case weighing his immigration action. as we await for a decision, the 9th circuit court of appeals in san francisco. a court panel decides whether or not to lift a stay that blocks the travel ban. a ruling could come as early as today and it could be appealed all the way up to the u.s. supreme court. >> melissa: a lot to follow and watch here. exciting times. >> bill: i'm bill hemmer, brand-new hour inside "america's newsroom." >> melissa: i'm melissa francis in for shannon bream.

the administration seeks to restore the immigration ban. an attorney representing the states of washington and minnesota. president trump speaking out moments ago. >> president trump: i don't ever want to call a court biased. i won't. we haven't had a decision yet. but courts seem to be so political and it would be so great for our justice system if they would be able to read a statement and do what's right. and that has to do with the security of our country, which is so important. right now we are at risk because of what happened. >> melissa: right out of the gate today he addressed this issue. what were the highlights of this legal battle so far? >> hi, there were two main topics covered in the one hour

telephone hearing. first, does the state of washington have legal standing to sue president trump over his executive order dealing with immigration and refugees. many feel the state cannot claim injury, is a third party and has no right to sue and interfere with the president's power to keep america safe from attack. the other big issue was the motivation for the travel ban. here is where trump's own words during the campaign are coming into play. he did say at one point if elected he would ban muslims from the country. >> there are statements that we've quoted in our complaint that are rather shocking evidence of intent to discriminate against muslims. >> it is extraordinary for a court to en join the president's national security determination based on some newspaper articles. >> the three judges grilled both sides pretty hard and said that a ruling could come as soon as possible. >> melissa: so as we showed you we heard from the president a short while ago, he also had some comments earlier today on twitter, though, right?

>> yeah. he is watching this very closely. in a tweet this morning president trump called the temporary restraining order issued last friday a horrible, dangerous and wrong decision. in a different tweet he said if the u.s. does not win this case as it so obviously should, we can never have the security and safety to which we're entitled. politics. but for the second straight hearing the justice department lawyer missed on opportunity to correct a judge who claimed not a single person has been arrested on terror charges since 9/11 who came from one of the seven affected countries. the associated press did a fact check and came up with three examples, a somali refugee injured 11 in a car/knife attack in november. a refugee from iraq pleaded guilty in october providing support to isis and plotting to blow himself up in an act of martyrdom. in 2011 two other men from iraq were arrested in kentucky planning to send money and weapons to al qaeda. that information is not in the

court record while these judges decide the issue. >> melissa: you know, i'm glad you bring that up. a lot of people keep making that same point. it is incorrect, there were those people who did those things. thank you for reminding us of that. >> bill: analysis. for more on this the judge andrew napolitano, judicial analyst with us in studio. nice to be with you last evening while the case was unfolding. there was a lot we didn't know that we have a better view of now. you heard the arguments and listened to both sides and what was your impression shall we say? >> my impression was the president has a complaint that the judges sounded political. lyndon johnson used the say two things you don't want to watch being made, sausage and legislation and you can add judicial opinions. sometimes judges say thing to challenge lawyers. you and i heard a lot of political questions like did the president conduct any studies before he singled out these seven countries?

that's irrelevant. it doesn't matter how he chose these seven countries because the constitution gives the president the sole authority to make foreign policy and congress has given the president the sole ability to suspend immigration from whatever countries he wants for whatever reasons he wants as long as in his mind it is based on national security. those issues were not before the court. >> bill: you heard other questions, though. >> i did hear questions. >> bill: that made you shake your head. >> i did shake my head when these judges went to the merits, the wisdom of what president trump did. that is not their job. my late friend the great justice scalia used to have as a joke a sign on his desk with three words on it. stupid but constitutional. basically saying, i don't care about the wisdom of what the government did. i only care if it's constitutional. >> bill: an epic line. more from this president from last hour making his case literally.

>> i listened to a bunch of stuff last night on television that was disgraceful. it was disgraceful because what i just read to you is what we have and it just can't be written any plain or better. >> he is right. the statute expressly says the president may in miss own discretion suspend immigration of any person or group for any reason he deems necessary. he may do it by proclamation. it is not for the courts to approve. the only issue last night was do the states of washington and minnesota have the standing to bring this case. there is no harm to those states. they are suing on behalf of their states, which is really against federal rules. if they do have standing and the case can go forward, did a federal judge do the right thing by interfering with the ability of a president of the

united states to run the foreign policy of the united states of america. that's why the president's complaints are valid. we heard questions that were political. well, isn't it true this is a muslim ban? well, a, that's not true, b, it's the wrong question and an improper question to ask. did the obama state department agree these seven countries are dangerous? again, wrong question to ask. the answer is irrelevant to whether or not the president properly exercised his authority or whether this judge in seattle properly interfered with them. >> bill: this case is narrow. the white house is arguing national security. regardless of the outcome, this will continue. because there are numerous cases out there, judge, that still exist and could be collateed into one. >> i suggested to you last night the chief justice of the united states consolidate the 47 lawsuits in federal court in one court before one judge at one time so that all the issues

can be fleshed out right there rather than having 47 trials over the same case. >> bill: thank you, judge. we'll call on you shortly again. do not go far. >> melissa: so after weeks of delays and contentious debate senator jeff sessions is poised to become the next attorney general in a confirmation vote this evening. democrats pulling another all nighter to voice their opposition to the nominee. tensions were running high. at one point the majority leader cut off massachusetts senator elizabeth warren while she was reading a 1986 letter from coretta scott king accusing her of breaking senate rules. >> mr. sessions sought to punish older black civil rights activists, advisors and colleagues of my husband who had been key figures in the 1960s. >> senators impugn the conduct

of alabama is warned by the chair. i call the senator to order under the provisions of rule 19. >> i'm surprised that the words of coretta scott king are not suitable for debate in the united states senate? i ask leave of the senate to continue my remarks. >> melissa: wow. chief congressional correspondent mike emanuel joins us live from capitol hill. how tense are things at the senate these days? >> very tense. these all nighters debating for and against cabinet secretary nominees are clearly irritating some members. we know republicans have been irritated about the pace of confirmation of these cabinet nominees and republicans were defending jeff sessions one of their own last night on the senate floor. the senate has been up all night talking about his nomination to be our next attorney general and republicans have been defending someone who has been a member here for 20 years. >> he evaluates the evidence

carefully and comes to a well-considered conclusion. this very approach that led him to advocate for an immigration system that works. for working americans. i have every confidence as our top law enforcement officer he will keep the interests of american citizens uppermost in his mind. >> the senate is traditionally a very clubby place with only 100 members. it isn't right now, melissa. >> melissa: no doubt to say the least. what are the democrats saying about their senate colleague, jeff sessions? >> democratic sources i've talked to say their base is clearly very angry about the election and they're pushing democrats here on capitol hill to fight everything and so about jeff sessions they're saying he is too extreme on immigration, he is consistently opposed to immigration reform over the years and they're also defending one of their own in elizabeth warren who was sidelined in this fight. >> in the midst of her speaking her truth and in the midst of

her speaking her heart, she was stopped as she read something into the record that had been there for decades. now, to me that is problematic not just because it was a regular speech but because this had to do with her constitutional duty of providing advice and consent. >> democrats can complain all they want. they just run the clock at this point. we expect jeff sessions to be confirmed as our next attorney general this evening. >> melissa: lots for you to cover. >> bill: a key u.s. ally making a major decision that may affect the ability to fight terrorism. >> melissa: president trump has his responsibility is to keep our country safe. but does it go too far? we'll debate that. >> this was an unnecessary overshoot. tighten up the vetting but no

reason to suspend the visits of people who are already --

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among those killed the 8-year-old daughter of this man, this is radical cleric, ralph peters is a fox news analyst and joins us now. what do you think of this situation now? what is your take? >> there are several parts of this, melissa. the first thing i want to make very clear to all your viewers is that military operations of this nature, special operations raids are very, very tough. there are a lot of moving parts. the enemy is shooting at you. they don't all go perfectly. hollywood has given us this image of flawless special ops. these are human beings doing really tough stuff. this raid was not a failure but didn't have a great success and a seal was killed. people get killed. that's war. that's part one. part two the yemeni government, i believe, in banning u.s. special ops raids for the present, is simply playing for their population.

it's local politics. they aren't stopping our drone attacks. they aren't stopping intelligence and other support. and i think in time quietly we will be doing special operations raids again and hopefully they will go better next time. the bottom line here is it's unfair to expect perfection in war. >> melissa: this is a quote from a brus el-based humanitarian operations. they say the us of u.s. soldiers, high civilian casualties and disregard for local tribal and political dynamics plays into the narrative of defending muslims against the west and could increase anti-u.s. sentiment and with it a qap's pool of recruits. this is the international crisis group and it is always the argument. >> i think it's a local yemeni problem. yemen is a failed state and will continue to be a failed state. we have to go after the leadership of al qaeda, of isis

and other groups wherever we find them and sometimes it's a tricky dance to do it. melissa, if i may add one more thing about this. the media are blaming president trump for the failure of this raid. that is a stretch. he is no more responsible for the difficulties, not failure, but the difficulties of this raid than obama was responsible for the seals success against bin laden. presidents aren't on the ground fighting. it's about the guys with the guns. >> melissa: that's the argument from one side. the other side the concern is that if we leave, doesn't it create that same vacuum where you can see terrorists come in and really set up shop? >> of course it does. but also an advantage -- i'm reluctant to talk about it. when the terrorists think you aren't there, when they're confident you're not watching they tend to come out in the open and easier to target them. remember this does not ban our drone strikes. it is only banning special

operations on the ground. in other words, we can't go in with helicopters and kill them with direct fire weapons. yemenis are willing to let us kill them in drone strikes. al qaeda is their enemy, too. yemen is such a mess. the entire country is running out of water. it is not fixable. we have to put our interests first. but to do so we have to do the dance with the local authorities. >> melissa: let me ask you. another big question right now is whether to designate the muslim brotherhood as a terrorist organization. what difference does it make to give that distinction? >> designating the muslim brotherhood as a terrorist organization would be perhaps the finest thing we could do for law-abiding american muslims. because the muslim brotherhood in my view is related to other groups that i don't trust and

that i feel are unamerican and that intimidate decent muslims, hard working muslims in our country. this would make it easier for us to dry up foreign funding for radicals among us. and again, the people it helps above all are american muslims trying to get ahead in their communities and being held back by groups such as care whose goal is to prevent muslims from integrating in our society. >> melissa: what's the blowback from it. if president trump does it, does it complicate some relationships in turkey and that he is anti-muslim? >> you raised a key issue and why it probably won't happen. president trump has professed his admiration for turkish president tied to the muslim brotherhood. president trump wants to work with with him. you can't if you ban the muslim brotherhood. there are so many layers to this. i personally favor the ban.

the blowback would be relatively light. the muslim brotherhood is well-known in the region for what it is. we saw what happened in egypt when they won an election and immediately tried to impose sharia law. here is the bottom line. as far as blowback goes, the muslims who hate us will continue to hate us. those who want us to help will continue to look to us for help. >> melissa: appreciate your insight. >> bill: 21 past. the on again, off again pipeline is back on again. final approval has been given to the dakota pipeline but wait. we'll tell you why this fight may be far from over. >> melissa: the president said it last hour, the wall will be built. now the new details we're learning about when and how. >> the largest opening and the most uncontrolled part of our border is the southwest border.

reaction came pretty quickly. earth justice, the environmental law group issued a statement saying this decision continues a historic pattern of broken promises to indian tribes. trump and his administration will be held accountable in court. the 1200 mile dakota access pipeline is 99.7% complete. the final portion was in dispute as the standing rock soiux tribe is -- the tribe managed to stall things through the obama administration. something president trump changed. >> the corps conducted 360 meetings with 55 different tribes. the standing rock tribe chose not to participate. the corps made multiple attempts to contact them to insure their opinions were considered. >> the pipeline has been rerouted 140 times.

in an email to supporters the standing rock tribe said today the trump administration threw down the gauntlet. our movement must hold together and strengthen itself. we won't be silenced. throughout the fight the protests encampment is being held outside the reservation. their vigil continues now. >> bill: it is february and can be wicked out there. what about those protests? >> they have been very violent at times. in fact, law enforcement has been targeted by those angered by the pipeline construction. north dakota's governor is requesting more federal and state officers to help keep the peace. >> we need to bring this to a conclusion not only because we need the energy infrastructure but it's been difficult for the people that live and work in the region. >> opponents say it's not over, bill. >> bill: thank you. not over. we'll see. thanks. live in denver. >> melissa: a major decision on

president trump's travel ban could come at any time now. columnist charles krauthammer raises a serious question about the executive order. our panel will debate it. >> i think it was unnecessary to order an immediate suspension for 90 days as if there was an imminent threat that hoards of yemenis and somalis were about to board airplanes and attack the united states. olay eyes. ageless.

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>> bill: as we await a decision from that appellate court in san francisco president trump's travel ban hangs in the balance. we're seeing strong reaction from the national security community. both sides of the issue speaking out and just last hour the president framing the debate before a group of sheriffs in washington, d.c. >> i think it's sad. i think it's a sad day. i think our security is at risk today. and it will be at risk until

such time as we are entitled and get what we are entitled to as citizens of the country. as chiefs, as sheriffs of this country. we want security. >> bill: chief intelligence correspondent catherine herridge is live from washington where are we now? >> thank you, bill. as you mentioned within the last hour we heard from the president who is meeting with county sheriffs for a second day here in washington many of these law enforcement professionals are from border states and back the wall as well as the travel ban. the president used this photo op to weigh in on the pending court decision. >> the courts seem to be so political and it would be so great for our justice system if they would be able to read a statement and do what's right. and that has to do with the security of our country, which is so important. >> in his first congressional testimony as secretary john

kelly told the house committee yesterday the travel ban is constitutional adding that the buck doesn't stop with the judges if a terrorist gets through. >> if their courtrooms they're protected by people like me. so they can have those discussions and if something happens bad from letting people in, they don't come to the judge to ask them about his ruling. they come to people like me. >> kelly also testified the mostly seven muslim nations are either not cooperating or can't provide reliable intelligence because their governments are in such disarray. >> bill: there is opposition clearly and from national security professionals in d.c. what are they saying, catherine? >> that's right. this bipartisan brief filed on behalf of 10 former national security officials states that the order creates risk for u.s. troops overseas and that there is no evidence it would effectively prevent terror suspects from entering the

united states signed by former cia director michael hayden and former secretary of state john kerry, among others, it says they recognize the importance of thorough vetting adding, quote, we all are nevertheless unaware of any specific threat that would justify the travel ban established by the executive order issued on january 27th, 2017. we view the order as one that undermines the national security of the united states rather than making it safer. washington state's attorney general told fox's dan springer the problems with the order go beyond national security. >> the president is not adhering to the constitution when it comes to his executive action. it is my responsibility as attorney general to defend the rule of law. >> as soon as we get word on that decision, bill, we'll bring it right to you. >> bill: catherine, thank you. >> melissa: syndicated columnist caut hammer speaking out about the travel ban saying

it was the solution in search of a problem. >> the public opinion polls show that in november people were against admission of syrian refugees, that has now flipped and i think it's a direct result of the fact that this was an unnecessary overshoot. yes, tighten up the vetting but there was no reason to suspend the visits of people who are already in the air. >> melissa: matt schlapp is director to george w. bush and chairman of the american union. thanks to both of you for being here. matt, let me start with you. address charles krauthammer's point. was in an overreach? >> i agree with part of what charles said and not the other part. i do think that we need to make sure that we have more sufficient vetting. but i think charles is wrong when he says this was an overreach. all this simply is, is giving a time-out so that we can actually come up with a process

so we can know when someone comes here it doesn't undermine our security. if you don't do the time-out to actually look at what your policies are and come up with a system, you can't really assure the american people that a terrorist can't slip through. i think it's the right pollz. i do agree there was some chaos in how it was implemented and agree with his comments on that. >> melissa: laura ingraham talked about the roll-out. >> you can question the roll-out. i certainly have. question the merits of it. that's fine. but as to this legal issue we're seeing right now, this is a dangerous place. if the executive branch does not preserve its separation of powers from the judiciary and have that ability to make these calls we'll have a lot of monday morning quarterbacks. >> melissa: what about that? the roll-out was messy maybe and not done the way it should have been. but the underlying law, the

1950 immigration code is still valid. what do you think? >> several points on that. she is right it was messy. i remember not too long ago when republicans were rejoicing when obama's executive order on immigration was overturned by a court of appeals. for some reason that has shifted in terms of what the executive can do with conservatives now that the shoe is on the other foot. i will say this. you have countries that are being -- prevent people from some countries prevented from coming here despite we've never had a terrorist attack on our soil with people from any of these countries. >> melissa: i have to correct you on that point. a.p. fact check came out and said you look at the somali refugee at ohio state. that was somebody that would have been stopped by this. another one the iraqi refugee -- it was a fact checked. it was the knife wielding man at ohio stai. you also had the iraqi refugee in texas.

>> we're talking about the vast majority. 9/11, the biggest attack on our nation. most came from egypt and saudi arabia. the mastermind was living in saudi arabia. the question to me is are you going to start banning people from all over the world now? are you going to have a muslim ban? >> melissa: are we going to start vetting more carefully? >> i would say the following, which is before 9/11, we lived in a different world. post 9/11 we realized the enemy is constantly finding new ways to use our freedoms against us. it is okay for us to be looking at intelligence to know what could happen. second of all, there are all kinds of americans who are talking to people online in these terrorist countries and they get self-radicalized. they get radicalized. traveling to those countries even for a visit could have a

very negative effect on our security. so i think when we look at the threats that we face going forward, the american people want us to be true to our freedoms and to our constitution for sure. but this judge basically is not reading the plain letter understanding of the law and what he is doing is inserting himself in a political concept. >> melissa: it is what matt is saying. when president trump came out this morning the first thing is he quoted the 1952 immigration code saying the president has the right to bar the entry of any aliens or class of aliens into the united states who would be detrimental to the interest of the united states. he can preclude those people from coming in. >> i'm not a lawyer. the supreme court will take that up. courts have ruled against the president on this issue. we'll continue to see whether they do or don't. and certainly we have a court of appeals coming down now, the 9th circuit. you have a supreme court decision i suspect. to the actual policy itself. let's be very clear what we're

trying to accomplish here. the danger, the vast danger in terms of islamic terrorism as republicans like to call it has come here has been by self-radicalized american citizens. they have gone to yemen and gone to other countries and come back sometimes and done it online. >> that's right. >> what will you do now? essentially say this travel ban extends to anybody who has gone abroad anywhere? >> some american is going to visit advocating for jihad in the united states i would like to curtail that travel. do you agree with me on that? >> this travel ban doesn't do this, does it? >> this is the time to come up with policy. >> if you go to let's say france, let's go to part of belgium where people get radicalized and you get radicalized there and come over there this travel ban doesn't prevent you from doing that and you know it. >> we need to have travel and immigration poll seals that don't undermine our security.

don't curtail the president from keeping us safe. >> that doesn't address my issue, does it? >> melissa: thanks to both of you. >> bill: good stuff. wow. national security squarely in the spotlight today and learning more about plans for the wall. we have a timeline, a better idea what it might look like. former arizona governor jan brewer will talk about that as she addresses it live next. >> somebody told you we need a 2,000 mile wall built along the border? >> maybe there are some places too rugged to cover a wall and we cover it with patrolling and technology.

>> secretary kelly will be the man to do it and we will give him a wall and it will be a real wall and a lot of things will happen very positively for your cities, your states, believe me. the wall is getting designed

right now. a lot of people say oh, oh, trump was only kidding with the wall. i wasn't kidding. i don't kid. >> bill: you saw that live in "america's newsroom" last hour talking about the southern border wall a day after homeland security director john kelly in his first appearance in his new job laid out more details on capitol hill explaining the conversations he had with border officials just last week when he said this. >> we're not going to be able to build a wall everywhere all at once. they said yes, sir, we need a physical barrier backed up by people like us, meaning cvp and local law enforcement with technology where it's appropriate. >> bill: jan brewer with me live. you've been fighting this for years. i want to reflect on what his comments were from yesterday. what did you think about what he said not doing it all at once, trying to figure out the construction. it could be well underway within two years. what is your view on that based

on what you've learned serving your state? >> well, good morning, bill, i'm very encouraged that they can think they can get it done within two years. i have certainly believed they'll move forward. i'm not an architect nor a contractor but i believe the wall will be built. i don't know if it can be built in certain areas. we've got some terrible terrain here in arizona. i don't know how they would build it there and also in texas, but the bottom line is we want our borders secured. donald trump said we'd build our border wall. i think they'll get it done. but we need boots on the ground and we do need technology and director kelly is awesome, absolutely awesome, straight forward, straight shooter and he will -- for once respond to the people of the united states of america and carry out the directive of president trump. so i'm very, very encouraged. we need our borders secure.

>> bill: he said it would be well underway when referring to construction in two years from now and put out a price tag 12 to 38 billion dollars. a lot of money and wide range as well. does that square with any of the information that you've been working through in arizona? >> well, you know, when we were talking about securing the border and of course we know it will be very, very expensive and building a wall is going to be very effective. when you take into account all the illegal immigration coming in through our state and crime and cartels and drugs and the cost individually to the states and to the federal government it probably washes. it probably just completely washes it out. so whatever it takes. we want to be safe, bill. >> bill: understood. he said president trump told him one thing and that was secure the border. if you get a wall, whether it's a year or two years or five years, what is the effect of

that on immigration, illegal or otherwise? what is the effect of that on the american economy? >> well, i think that, of course, it is going to keep us safe and protect us. it will certainly keep out the drug cartels. they come through arizona like it was an open invitation to them. they just walk across the desert whenever they please it seems. they have been told in the past to stand down. but if we get the wall there will be that protection there. for once our ice patrol, immigration people and border patrol can do their job. that's what we need done. we need to have them move forward to do the job they're trained to do and not to be told to stand down, to enforce the law. >> bill: for those -- >> that believe in the rule of law. >> bill: for those who have not walked the border whether it's in arizona or new mexico, california or texas, you said some areas will not be able

because they're too rugged. is that mountainous? what sort of terrain are we dealing with there that's so inhospitable? >> it is the mountain ranges in the southeastern part of our state that would be very difficult in my opinion. i'm not a contractor. they can use technology or if they have planes, drones, boots on the ground. it would stop a lot of it. also it's difficult for them to come across. however, they do use the mountains. they go in and build their camps and move through at night and day like it was a freeway. i don't know how they would build a wall in that area. it seems impossible to me. >> bill: you say get it done, we need it, it must be done. you haven't changed your opinion for years now. >> no way. no, and i've always said for the last eight years, you know, secure our border. we need our border secured. people can't to be protected and we're tired of the expense

it brings into our country. the incarceration. >> bill: we'll see if they get it done. thank you for your time. jan brewer live. thank you for coming back and we'll see whether or not you get your wish in time, thanks. >> melissa: so the trump administration sending a clear message to iran after its cyber meddling. >> the trump administration condemns such actions about iran that undermine security, prosperity and stability throughout and beyond the middle east which places american lives at risk. as of today we're officially putting iran on notice. >> melissa: now iran's supreme leader has a mocking message of its own for president trump as tempers flair. ata, 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.

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>> big drama on the senate

floor and white house briefing room. is this a sign of things to come or just more evidence of how divided the country is right now? perhaps both. analysis ahead. plus we're awaiting that appeals court decision on the president's travel ban and we'll also talk to the mayor of new orleans about the devastating twisters that tore through louisiana. >> melissa: a war of words between iran and the white house. the supreme leader mocking president trump on the travel ban calling him mr. newcomer. we are joined live from the state department. how is the white house responding to this? i'm almost afraid to ask. >> they are responding and there was even more from iran supreme's leader. he continued reportedly saying that his country would show president trump how iran responds to threats and would do so on the anniversary of the islamic revolution. that's on friday. he then tweeted, quote, no

enemy can ever paralyze the iranian nation and signed it. the trump administration then responded. >> president also made clear time and time again he won't project what those actions will be and not take anything off the table. iran is kidding itself if they don't realize there is a new president in town. >> they put iran on notice for conducting a ballistic missile test. a couple of days later they initiated sanctions against more than two dozen iranian individuals and entities for what it called that ballistic missile launch and what it says is destabilizing activity and support of terrorism. senior administration officials said those sanctions are initial step. they continue to deliberate with the treasury and other departments across the government and say they'll respond in the future unless iran changes its behavior. >> melissa: any time we talk about iran you have to be mindful of that relationship with russia. how does this play into how we deal with russia? >> they do work together on a host of issues, in particular

in support of the regime of assad in syria. president trump has called iran the number one terrorist state. the kremlin has reportedly responded the that saying it disagrees with that assessments and says its works with iran and warning the united states not to renegotiate the 2015 iran nuclear deal. the one president trump has repeatedly criticized. the trump administration criticized russia directly of late in the u.n. for its actions across ukraine. back to you. >> melissa: thank you for that report. >> bill: there were plenty of fireworks last night on the senate floor, wow. this morning there is fresh new reaction after democratic senator elizabeth warren was told she was in violation of the rules. then she responded to that accusation. and that's next. rty. red lobster's lobsterfest is back with 9 irresistible lobster dishes. yeah, it's a lot. try tender lobster lover's dream

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executive action. after taking to twitter this morning tweeting if the u.s. is not on this case.