>> any time. i would love it. >> run to the radio, coming up between 9:00 and noon steve doocy and ainsley ehrhardt. james rosen and dan henger. >> bill: after weeks of delays from democrats president trump has his man. jeff sessions will be sworn in as the next attorney general a bit later this morning. the president will be there as we say good morning on a snowy day here in the northeast. i'm bill hemmer, here we go on thursday. heather, welcome back to you. >> i'm heather in for shannon bream. jeff sessions was the most controversial pick for the democrats opposing senators staging an all-night talk-a-thon ahead of last night's confirmation vote. he won confirmation with every republican vote and one democrat. he thanked them for their

support. >> reconciliation is important. we ought to do that in this body. i would say that would be my prayer for this body, that in the future maybe the intensity of the last few weeks would die down and maybe somehow we get along better. so colleagues, i can't express how appreciative i am for those of you who stood by me during this difficult time. >> bill: it will be official a bit later. in the meantime joe manchin did vote for sessions. now the battle shifts to tom price. the senate voting last night to move ahead on president trump's nominee for health and human services secretary. a final vote could come late tonight or early tomorrow morning on price. >> john roberts begins our coverage this morning. john, more on the president's cabinet in just a second but first mr. trump sounding off on a democratic senator. who is that? >> good morning to you. 9:00 in the morning and we're

already out of breath covering the white house. the president going off on connecticut senator richard blumenthal writing, he never fought in vietnam when he said for years he had, major lie, now misrepresents what judge gorsuch told him. here is the background. judge gorsuch, the president's nominee met with blumenthal yesterday and he asked him about the attacks ton the jude -- on the judiciary. here is what blumenthal said to the press after the meeting. >> my strong hope is he will be more vehement publicly. he certainly expressed to me that he is disheartened by the demoralizing and abhorrent comments made by president trump about the judiciary. >> i'm told by a source that while the judge said attacks on the judiciary -- he spoke in

generalities and did not speak specifically to what the president said about district judge james robart or the 9th circuit court of appeals hearings. kelly ayotte shepherding gorsuch backed it up saying judge gorsuch has made it clear in his discussions with senators, including blumenthal, he could not comment on any specific cases and the judicial ethics prevent him from commenting on political matters. he was not referring to any specific case he finds any criticism of a judge's integrity and independence disheartening and demoralizing. we're also expecting the ninth circuit court of appeals could come down with a ruling as early today on whether or not they'll lift the temporary

restraining order. sessions was confirmed last night and the president happy about all that sending out a congratulatory postcard to senator. now the big push is aimed at tom price to be confirmed for hhs secretary. the president could not move ahead on his plan to repeal and replace obamacare unless congressman price is in place. democrats know that which is one of the reasons why they have been slowing his confirmation process down. he made it through the committee yesterday and likely be confirmed in a vote tomorrow. the scorecard as far as confirmations. president trump has six of his 15 so far. at this point president obama had 12 of 15. george w. bush had 14 of 14 and bill clinton had 13 of 14. one other thing to talk about this morning. the president also lashing out at senator john mccain about what mccain said regarding the raid in yemen that took the

life of navy seal owens a week half ago. mccain saying you can't consider it to be a success because of loss of life. mr. trump going off on him. senator mccain should not talk about the success or failure about a mission to media. he has been losing so long he doesn't know how to win anymore. bogged down in conflict all over the place. our hero ryan died in a winning mission according to mattis, not a failure. time for the u.s. to get smart and start winning again. in a few minutes even though everybody is having sliets cancelled the ceos of all major airlines will be here at the white house to talk to the president of creating jobs. >> john, thank you. >> bill: we can do this whole show from the north lawn of the white house. alabama's governor just about an hour ago naming the replacement for jeff sessions

in the u.s. senate tapping current a.g. luther strange to fill the seat until a special election is held november next year. analysis for -- guy, good morning to you. exhale after all that. let's start with judge gorsuch. what do you believe based on a statement from senator ayotte earlier today, based on the comments on behalf of senator blumenthal, based on the tweet from president trump, how are we to piece this together and figure out what the truth is? >> i like the fact that president trump came after blumenthal the way he did on the vietnam piece. when you lie about serving in a war, that's about as low as it gets, i think. so it's a relevant attack from trump defending his honor a little bit here and going after the dishonor of blumenthal.

the fact is blumenthal's account of what happened seems to be backed up by ayotte and what i'm reading this morning a couple republican senators as well. i think it's true that judge gorsuch defended the judiciary. that's his job. he believes in the separation of powers. he is not being disloyal to president trump but loyal to the document he will upheld as a supreme court justice. >> bill: now the politics of race, wow. the senator sessions battle. you have the elizabeth warren dust-up from the other night pulled from the floor of the senate and martin luther king senior's niece saying this yesterday. >> i believe certainly that if she could look at the record of senator sessions today with integrity she would say well, he has worked to prosecute the ku klux klan and desegregate

public schools. it's almost like a bait and switch. use the name of king and my name is all vote yeah king, stir you have people's emotions, play the race card. >> bill: very powerful comments there. now sessions, is he bruised through this or does he recover? >> i think he recovers because every nominee has been bruised for the most part. you ran through the scorecard or john roberts did of how few of president trump's picks has gone through compared to previous presidents. the democrats have a base that's furious at the election of donald trump and they're insisting tooth and nail fighting every step of the way and why we've seen back-to-back all night talk-a-thons against betsy devos and jeff sessions. the democrats are playing to their base, doing what they need to do poiltically and in some cases dragging good names through the mud or at least being unfair and ratcheting up the rhetoric. hey, that's 2017 politics. >> bill: thank you for that. guy benson analysis.

thanks. >> from one storm to another. the northeast getting slammed with a massive snowstorm right now. it is expected to drop more than a foot of snow in some places. that means millions of people will be impacted. the system prompting hundreds of school cancellations as communities brace for some white-out or at least near white-out conditions. here is what it looks like in time square. the national weather service urging new yorkers to stay off the road. that's why. and this is outside our building here. hard to believe. yesterday it was in the 60s here. bill, really unbelievable. they are saying that one of the issues is the snow will come down so fast 3 to 4 inches in an hour at one point. >> bill: and all melted by this time tomorrow likely here in new york. >> not before we get in a snowball fight. >> bill: it's moving quickly. this thing will come and go. right now the kids are off school. they cancelled school in new york here for high winds two weeks ago. find an excuse to come up with.

right now the tension mounting in the u.s. and around the world as we wait for that decision for the ninth circuit. the three-judge appellate court among the more liberal benches in the country. will their decision be rooted-in-law or politics. the judge will make a case on that today and plus there is this. watch. >> an unelected judge does not have the right to remake the immigration laws and policies for the entire united states of america. this power is vested in the president. >> the white house insisting that the president was well within his constitutional rights to issue the temporary ban. and now ripping into the media for dishonest coverage. >> bill: this is an immigration stand-off in arizona. protestors physically preventing federal agents from doing their jobs over fears that a woman out of mexico may

face deportation. more on this story in a moment here. >> pretty nervous. trying to stay positive. we're here with our community. prevent her from leaving. we have to stay strong. i told her i love her and everything will be okay.

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>> heather: welcome back. protests erupting in phoenix over the arrest of an illegal immigrant.

[people chanting] >> heather: here is what's happening. video of protestors blocking an ice van as agents tried transporting a 36-year-old woman to the immigration offices. she was going in for what is a six-month checkup. that's a policy under the obama administration. but instead of being released, she was detained under president trump's illegal immigration crackdown. seven protestors arrested. we'll have more ahead with this live story coming up. >> president trump: i won't call a court biased. 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. >> bill: president trump yesterday. some comments about the ninth circuit court of appeals as we await a decision on the controversial travel ban. i want to bring in a former va attorney general in virginia, how are you doing, sir? good morning to you. when do you think that decision comes, by the way? >> my guess is probably the end of the day today. >> bill: how come? >> the court is very sensitive for the need for speed. this is an appeal of a temporary restraining order, which is a lightning order. it is so fast the original judge did not issue an opinion explaining his ruling, which is -- given the extremeness of the ruling was decidedly unprofessional from a judicial standpoint. nonetheless, this appellate

court feels the same need for speed and i think you'll see a ruling today. they said they would rule this week so if it's not today it will be tomorrow. >> bill: i want to play a little from the case the other night. let's cue up the second sound bite. the attorney for the state of washington this is the case he is making before the panel of judges. listen here. >> we detailed a number of irrepable harm. students and faculty stranded overseas, families spraitd. long-time residents who couldn't visit their families without knowing they would be able to come back. we had lost tax revenue. >> bill: there are three things he listed in that statement. does any of that qualify under the statute? >> none of it qualifies under either of the statutes. understand this, when a state sues the federal government as washington is doing, the first big challenge they have is proving that the state itself is harmed.

everything you heard the solicitor general of washington state reference there were harms to individuals in their state. they have their own standing to sue except for the tax revenue and tax revenue has never been a basis for state standing. so one of the big hurdles the state of washington has is just proving they are harmed at all. states don't have a role in national security legal decisions and that's what president trump is talking about. >> bill: i heard the administration make three cases, the risk is real with regard to national security. the order is temporary, 90 days, 120 days and the green card carrier order has been amended and clarified. even if these justices in san francisco see it that way, there will be another challenge. so if that's the case -- >> there has been another challenge. >> bill: it just continues, dan. i think ultimately it goes to the u.s. supreme court. do you see it that way or not? >> yes, i do.

the only question is the path and speed and is it allowed to take place beforehand. one thing that isn't being talked about enough is look, in our system of government, there is nothing that is so completely deposited in the executive branch's power as national security. and if you read the law -- president trump was right in his comments about how obvious the statement of the law is. it says any classification at the discretion of the president. this is completely deposited within his executive authority as president and the courts here are violating the separation of powers with this injunction. it is a very serious situation. if i were in the trump team -- if i were in the white house, obviously if i win today i just go back to the district court and present my evidence and plow through. but if i lose, i probably pull the order, rewrite it, and

start over. and immediately get a ban back in place. >> bill: i want to squeeze this in quickly. you mentioned the speed a couple of times now. how would the u.s. supreme court respond to the level of urgency that you are expressing here and the administration feels that also? >> right. but short of death penalty cases where somebody is literally about to be executed, the supreme court -- what you and i think of as speed is not in the same category in the supreme court. they would take longer. >> bill: thank you for your time. out of washington today. thank you. 20 minutes past the hour now. >> heather: we have breaking details on an isis terror plot thwarted. four people in custody. it could have been a huge attack. we'll tell you how they stopped it from happening. >> bill: our nation's top military brass sounding the alarm saying our fighting force has declined to the point of a crisis. we'll look at the numbers, figure out whether or not what they're saying is right and what they mean for the campaign promise from president trump in

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>> bill: there are more concerns the spread of isis overseas. turkey arrested four suspects. detained in a town near the syrian board police finding 24 suicide attacks belts. two automatic rifles among other items coming over days after hundreds of suspects believed to be linked to isis were detained in raids across turkey. cia director mike pompeo

arriving in turkey today to talk about the fight against isis with officials in that country. >> it can be summed up in two words. too late. too late to comprehend the deadly purpose of the potential enemy, too late in realizing the mortal danger, too late in preparedness. distinguished members of the subcommittee, preparedness or readiness cannot be overlooked. >> heather: a u.s. air force official sounding the alarm on capitol hill saying our military is falling increasingly belined -- behind in being ready for conflict. i was reading through some of the other things that some of the vice chiefs had to say. another one used the words insidious decline and went on to say while we can put our first team on the field.

our back-ups are sadly depleted. how did we get to this point? >> we got to this point because of eight years of the barack obama administration where this -- our military was under funded. the budget control act that emanated from the white house in 2011 known as sequestration has capped what we can spend on the military. not a proper budget process in the world we live in. instead we make do with what's there. it is not just too late as said in that testimony, it's too little. we've underfunded every one of our services. less than 50% less air squadrons today in our air force and navy, 60% of our fighter jets are grounded. the army only three combat teams are capable. >> heather: let's bring it up so people can see it if writing. it is staggering when you look at how depleted our military is and how unprepared we are. the defense department budget fell by more than $100 billion from 2011 to 2014, active army

the smallest since world war ii. air force now the oldest and smallest in its history. >> that's right. it means you'll have less of things but also you will be less prepared, less training, less flight hours, less days at sea. you will also have as far as maintenance, less ability to make sure your aircraft are ready to go, your ships are ready to go and soldiers prepared with what they need. you don't get the training time and not at the tip of the spear where you want to. your elite forces are taken care of. as was said your bench, backup and conventional sources don't have the training and readiness you need so you can't call on them at a moment's notice and not prepared to fight that unpredictable war on the horizon. you never get to pick the next battles you have. >> heather: not just the financial constraints as well. our troops have been involved in conflicts overseas for 15 years now. >> sure. which means they are battle hardened. they understand the nairt of this enemy and there is value for sure but we've relied on

the same troops and equipment without being able to do the proper maintenance and dwell times. you have weariness in the force. you haven't had the ability to rebuild. this is what donald trump will have to do. we're basically standing on the reagan build-up still today after the carter years. we'll need a trump build-up after the obama years to face a very dangerous world. that's what he is up to and it sounds like the chairman of the armed services committee in the house and senate are committed to spengd upwards of $100 billion more in the next budget. that's a stopgap. >> heather: $640 billion needed for 2015. >> over the last five or six years the defense budget has been slashed by over 20% as demand has gone up. as our demand has gone up the defense budget is slashed and relying on less troops, ships and aircraft. now you have to rebuild just to

meet demand to get back on tempo. >> heather: where does the money come from? >> that's a great question. the obama administration prioritized social services over the military. you can reform things like entitlement programs and plow it into defense as some advocated. we're $20 trillion in debt. a massive problems. you have to find cuts elsewhere and find efficiencies inside the defense department. thornberry and mccain are go -- donald trump is an expert on making sure things come in under budget and before they are due. if anybody can do it, it's him with good partners on capitol hill. >> heather: he has to get to work and we need to allow him to get to work to move it along. thank you so much, pete. have a great weekend. >> bill: 9:30 now and we'll get the opening bell on wall street in a moment here. president trump will do the honors this morning for the swearing in of jeff sessions. hee the 48th a.g. of the united states. we'll cover it for you.

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>> heather: two big hearings to tell you about this hour. one underway right now. the senate discussing the situation in afghanistan with many of the lawmakers questioning why the u.s. continues to pour billions into afghan forces. we talked about the money as the top commander for u.s. and nato forces in afghanistan takes the stand in front of congress. this as president trump faces tough choices on how to beat

back the resurgent taliban. and in less than an hour the senate set to hold a hearing on america's relationship with russia. a group of lawmakers are pushing a bill that could require congressional oversight of any decision to provide sanctions relief to the kremlin. this could set congress on a collision course with the trump administration. imagine that. president trump repeatedly has said that he would welcome better relations with russia but so far has not rolled back any obama era sanctions against moscow. we'll be monitoring all these situations throughout the morning. >> bill: now another fox news alert. incoming a.g. jeff sessions set to be sworn in an hour from now and the pick, tom price, may not be far behind. expected to get a full vote in the senate sometime tonight or early tomorrow. both men met intense resistance including delays repeatedly from democrats. sessions said the senate needs to tone down the rhetoric.

>> i'm fairly firm, i have to say, in my convictions. that doesn't mean that all of us have to agree on the same thing. we need latitude in our relationships. so let's agree on what we can agree on. integrating people who disagree with us i think is not a healthy trend for our body. >> bill: talk about the health of that body. the senate republican policy committee chair is with me now. are things going to settle down there or not? >> it is interesting to see the democrats still in denial over the fact that donald trump is president and nominated an all-star team for a cabinet. they continue to try to slow it down. we'll confirm tom price later today. we did jeff sessions, betsy devos. we're continuing to get members of the cabinet confirmed. as the democrats continue to try to obstruct and slow things down. >> bill: elizabeth warren tweeted following. you know the back and forth

that has involved her throughout the week. if jeff sessions makes the smallest attempt to bring racism, sexism and bigotry into the justice department he will hear from all of us. here is another one. and you better believe every senator who voted to put jeff sessions radical hatred into the justice department will hear from all of us, too. what do you think of that? >> well, i'll tell you, i was proud to vote for jeff sessions. i worked with him in the senate for 10 years. he is an incredibly kind man. a man who cares about the rule of law. he is going to do an outstanding job as attorney general of the united states. so elizabeth warren and what happened on the floor of the senate very interesting. she is a professor at harvard law school and she knew exactly what she was doing. now she is the voice and face of the democrat party which to me is a very liberal voice and face coming out of harvard, the eastern elite. that's not where this country

is going in terms of what the american people are concerned about, which is jobs, the economy and national security. >> bill: let's talk about republicans now, shall we? >> is obamacare penalty tax still in place? republican party should be sued for fraud, no discussion of tax cuts now, just lots of crazy. back to basics, guys. where are we now in the tax cuts? is there an active process to move that forward and if there is, what's the status today, senator? >> we actually had a meeting in our steering committee yesterday to discuss the whole issue of tax reform. which is necessary in this country to get the economy going forward. the continuing on the promises that we have made as republicans in terms of tax reform, in terms of getting rid of the abusive regulations that have come out of the obama administration, in terms of

working toward infrastructure and repealing and replacing the damage that has been done by the obama healthcare law. we're continuing step-by-step in each of those ways, bill. >> bill: is it slower than a president trump would expect? >> well, donald trump is a man of action. we continue to see that coming out of the white house. we continue to see the democrats in the senate trying to slow down everything, including picking fights and battles they will not win and they know it. i would think it has to be disheartening for them to continue to go after one cabinet nominee after another and we continue to approve them. it has been -- they have delayed it to the point that the last time a president this far into a term has had so few cabinet members was when george washington became president of the united states. >> bill: it's been an issue. on the taxes you are saying it will get done? >> this year absolutely. we continue to work on tax reform. we need to find ways to lower

the rates, stimulate business, get the economy moving in a way that's been slowed down terribly under the obama administration. that's turning around. >> bill: we'll watch taxes for this year as you just stated. on obamacare. senator bob corker was quoted as saying there is not a cohesive idea behind any one plan. i think that's evident. when does that change, senator? >> we continue to have meetings regularly. as a matter of fact, did yesterday. we're meeting with insurance commissioners from around the states. different states are coming in holding hearings. we have a blueprint, a working document on ways to actually help try to deal with the terrible problems of the obama healthcare law. two reports are out this week, one is the people that have signed up are sicker, which means more expensive. that's one of the things driving costs up. fewer people signed up for obamacare this year than last year because they know it is

not a good deal for them personally. so there are things that are going to have to change and things that won't change. things that won't change people under 26 will be able to stay on their parents' plan. >> bill: we've talked about that. >> people with pre-existing conditions will be protected. >> bill: can you say that will happen this year as you just stated on taxes? >> i am convinced that it will. i continue to work with others on that working with the chairman of the different committees, the house and the senate. we're continuing to work -- we are committed to long-term solutions. healthcare needs to be fixed, obamacare can't be fixed. people have suffered enough. we want to provide relief. we want to help those people repair the damage that has been done to them and their lives. that's my long-term commitment as a doctor and senator. >> bill: that conversation will continue then. we'll try to figure out a schedule when appropriate. senator, thank you for your time. the republican from wyoming on the hill. 20 minutes now before the hour. >> heather: there is an alarming new report about the

national refugee database. the system riddled with vulnerabilities for years apparently. how easy would it be for hackers to break into it? >> bill: also as we await the ruling out of san francisco, the white house insisting the president has the law on his side and he is hitting back at critics for making it a political fight as he says. >> let's be very clear about this fact. no alien in a foreign land has a right to demand entry into the united states of america. they can never have such a right. rights adhere to people living inside the united states of america. tiki barber running a barber shop? yes!!! surprising. yes!!! what's not surprising? how much money david saved by switching to geico.

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that. >> bill: stay tuned 15 minutes before the hour. >> it is extremely dishonest and it is frankly con tem tibl about statements made about the president's action. this is the apex of presidential power delegated to the president by congress and the constitution to suspend the entry of aliens into the united states. >> heather: that's steven miller insisting president trump's temporary travel ban is completely constitutional slamming the media for framing it as a political fight. thank you both gentlemen for joining us. is the media being unfair? >> i think they're raising reasonable questions about a controversial measure that was rolled out with a lot of

problems, perhaps too quickly. it is before the courts. i think what we do in this country is we have co-equal branches, legislative branch, the judiciary and presidency. i think what supreme court justice designate gorsuch said is exactly right. it is dismaying the president has seen fit to want to attack the judiciary. i'm not against robust debate but i think it is best done in the courts both the appellate court and ultimately i think in this case the supreme court. >> heather: alex, is the media spending too much time involved in the controversy of all of it? the white house released this list that had 78 attacks listed on it and then just yesterday they released some of the refugees who were on -- some of those band countries as well, from those banned countries. >> why did the white house wait

a week and a half after it put out the executive order before it started explaining the rational for it? it is not just the media that has been critical of the order, it is congress, republicans in congress. the court system where it has not fared very well to date. i would say to anyone at the white house, especially steven miller, if he doesn't like the way it's been rolled out he should look at himself in the mirror because the white house botched the roll-out of this executive order from the first moment and now it is playing catch-up. >> heather: they've acknowledged they botched the roll-out and, in fact, the defense secretary took full responsibility for it. why are we still on the roll-out when it's already been rolled out? >> the white house is complaining about how the executive order is being portrayed. the reason it's being portrayed poorly members of congress didn't know anything about it and justice department wasn't ready to defend it in court and

lost its first couple court appearances and big protests because there was so much confusion in the executive order. communications is very important. >> heatod point. doug. there was a lot of coverage of all the protests. but a lot of people, the majority of people in some of the most recent polls agree with the immigration -- temporary immigration ban. >> that's right. and alex couldn't be more correct. the order when initially rolled out was not only not communicated, it was overbroad. when you do these kind of things you make them as narrow as possible and the fact that visa holders or green card holders were put on the list is arguable overreach. the left is more mobilized on this than the right. you're right, heather, about the polls but there is also intensity and that's going against the administration. >> heather: when the white house sends out these lists. what i was trying to say earlier they released the list

of terror arrests from banned coverage, it is not getting a lot of coverage. >> alex is right. it is bad communication. had it come with the initial order. had the initial order been more precise and less overbroad we would be in a very different situation. the president could have done an oval office address and mobilized republicans. none of it was done. the result is a measure that is now in peril and has a good chance of being struck down. >> heather: that's a good question, alex. should the president come out and make some sort of statement and let the public know why this is a case for national security? >> look, executive orders are only as good as the president's ability to implement them. remember in president obama's first week in office he signed an order to close gitmo within a year. eight years later it's still open because the courts and congress and the public fought him on it. if president trump can continue to sign executive orders but they will only be good if he

gets the support of congress, judges and the american people. absolutely when he signs these orders he needs to explain why he is signing them and he needs to rally political support for them or else they will never be implemented. >> heather: the media will continue to focus on all of it. thank you very much for joining us today. >> bill: if you look outside you know winter is packing a punch. affecting a lot of people. felt like spring yesterday. whole different story today. millions in the path of the storm that will make that commute miserable. how long will it last and who is next? >> heather: we'll tell you.

>> bill: we are watching the white house and wires waiting for a read-out of president

trump's meeting with ceo fs of the airline industry. what their concerns are and business in america. typically during the taped play-outs we hear the president's commentary on the news of the day. perhaps there is something about judge gorsuch or maybe even the appellate ruling that we're still waiting on. when it happens you'll see it here. >> heather: he has been on twitter with some opinions. >> bill: active tweeting so far today. >> heather: on top of that two big hearings we told you about. one underway right now. you can see a live shot there. the senate discussing the situation in afghanistan. a lot of lawmakers asking why the u.s. continues to pour billions into afghan forces? and then the other hearing that is happening today is in less than an hour. the senate set to hold a hearing on u.s.'s relationship with russia. group of lawmakers pushing a

bill that could require congressional oversight to provide sanctions relief for the kremlin and bill, that is something that president trump has also said that he is willing to take a look at. >> bill: we'll keep an eye on both those hearings and the play-out from the white house with the airline ceos. also today you have some extreme weather hitting the northeast. it is moving quickly to a winter storm slamming parts of new york and pennsylvania as it works its way toward new england. about a foot of snow or more is expected in some areas. it really started overnight. the temperatures were mild this time yesterday. >> heather: unbelievable. people were in shorts walking around. >> bill: things changed quickly overnight. the snow started in pennsylvania. you see the speed by which this storm is moving. it's not going to hang around. >> heather: it's ironic that all those airline leaders are supposed to be meeting at the white house. 5,000 flights at last count cancelled. >> bill: some folks may get

four inches, some six, some maybe a foot of snow out on new york's long island or up in boston and new hampshire. we'll see how it goes today. we really have had a pretty mild winter. when we get a storm like this it gets attention. commute will be tough for a lot of folks today. >> heather: coming down quickly. >> bill: i think it will be melted by this time tomorrow. >> heather: we'll see if you're correct tomorrow. we're also waiting jeff sessions at the white house where he will be sworn in as the next attorney general of the united states and we're watching for a decision from an appeals court on the president trump's travel ban and we have a big show still ahead. so stay with us. he state are growing the economy, with the help of the lowest taxes in decades, a talented workforce, and world-class innovations. like in plattsburgh, where the most advanced transportation is already en route.

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>> bill: it is 10:00 here in new york. fox news alert. alabama senator jeff sessions will officially become the next attorney general of the united states within minutes. we're awaiting his swearing in

at the white house 30 minutes from now. brand-new hour of "america's newsroom." i'm bill hemmer. how are you doing? >> heather: heather childers. i'm in for shannon bream. in a senate farewell speech last night he thanked the president and pledged to uphold the rule of law. >> he believes in immigration that serves the national interest and within bounds those things are may from time to time come before the office of attorney general. and i look forward to lawfully and properly advancing those items and others that we as a body share, the american people believe in. >> heather: peter doocy is live on capitol hill. how long before sessions get to work at the justice department? >> we understand he is heading to the justice department just after being sworn in at the white house and his replacement, luther strange, alabama's attorney general

until this morning who was just appointed by alabama's governor robert bentley to be a senator takes his oath in the early afternoon. if you're wondering how different strange will be from sessions, the answer may be not much because part of his statement about becoming a u.s. senator says this. i pledge to the people of alabama to continue the same level of leadership as jeff sessions in consistently fighting to protect and advance the conservative values we all care about. we are just a few doors down from the office that senator sessions occupied here in the russell building for several years. his name plate is still on the door but we expect them to come and scrape it off. >> heather: how long until the health secretary happens? >> the final vote for tom price isn't scheduled until 1:50 in the morning. really late tonight or really early tomorrow morning depending on what time you wake up. that is because democrats are taking advantage of a rule that says they can run out 30 hours

of clock to debate each nominee before a final vote. it is really all the democrats can do since they haven't stopped a single trump pick yet. democratic leaders continue trying to use as much of this time to raise red flags about these soon to be secretaries. >> in terms of ethics, tom price, who is now on the floor, sold and traded $300,000 of stocks and then introduced legislation that would have some of them move up. >> we understand once price is sworn in as hhs secretary and takes that job, he is not going to wait very long to use the administrative powers that come with that office to start dismantling obamacare. >> heather: more delays. peter doocy live for us. thank you. >> bill: now we wait yet again. a decision expected perhaps soon, perhaps today, on president trump's immigration ban. they're considering a motion by the justice department to reinstate the executive order.

for now it remains on hold. the temporary restraining order is in place. the judge andrew napolitano with me now. nice to see you, judge. really good piece you filed at fox news.com and i want to go over that. your gut tells you what in this? >> it's a 2-1 split in favor of upholding -- not news now, just my gut from the years of studying this and from carefully listening to what they said the other night, upholding the restraining order on the ban. if that is the case, then these judges, somebody is dissenting and two are writing a majority opinion. they want to write long, strong opinions because whatever they write is going to be subjected to great scrutiny even if it's 3-0 they want long, strong, well reasoned opinion. >> bill: that reflects on them and it reflects on the law. >> yes, and because, as ken

told you last hour, the supreme court rarely, rarely, rarely gets involved in a case at this early stage. so this opinion, for better or worse, whichever way it goes, might be the last word on the preliminary stage on the imposition of a preliminary restraints. before there is a file restraint on the president. >> bill: two things. what do you make of the president's criticism publicly? >> i understand how judge gorsuch and other judges are not happy when the president criticizes them. i don't think it impairs the integrity or independence of the judiciary, when executives, governors and others criticize judges it goes in one ear and out the other when they have lifetime tenure. however, the president has a point. the first questions that the trial judge asked were have any people from these seven countries ever been convicted

of a crime post 9/11 and the department of justice lawyer said i don't know. he was wrong, b it doesn't matter if he was wrong or right. the question is irrelevant. the issue is not is this executive order wise or well grounded in evidence. the issue is, is it legal and is it constitutional? same thing happened at the ninth circuit when we were listening to the oral argument. what studies did the president conduct? did the obama state department agree with the trump state department? irrelevant, irrelevant. the judges can't substitute their thinking for the president's thinking in an area that the constitution reposes exclusively to the president. foreign affairs. in an area where the congress has given the president a tool, the suspension of immigration with which to further his foreign affairs. >> bill: speaker of the house paul ryan on this just yesterday. >> this isn't a muslim ban. if it were i would be opposed

to it. the rhetoric surrounding it make it looks like it's a ban on religion and i think that rhetoric is inflammatory and does not help us. >> bill: you were just saying that was one of the questions. >> that rhetoric. the speaker is being charitable. that rhetoric came out of the mouth of two federal judges referring to it as muslim ban for the evidence in support of which is zero. >> bill: you say the law must be upheld in a 4-4 supreme court. does a a judge side with conservatives? possible? >> i'm glad you picked justin keegan. she worked in the justice department as solicitor general. the chief lawyer that appears before the supreme court and now on the supreme court.

she is a different human being. i would like to think she will look at the law. the law that donald trump read aloud word for word fought police chiefs yesterday which couldn't be clearer and say yes, he followed the law. i wouldn't have done it, i might not like the outcome but that's not why i'm a judge. >> bill: she is pulling on her recent experience in the administration. stay close, okay? we'll need you. >> snow and all. >> heather: we're all snowed in. extreme weather hitting the northeast right now. a winter storm already slamming parts of new york and pennsylvania as it works its way towards new england. as much as a foot of snow, or more, expected in some of those areas, rob schmidt is live for us from lower manhattan where it looks really cold. >> it's really cold. a lot of snow. it keeps dumping. it is dumping fast at this point. i would say we have five or six inches on the ground. kind of fluffy, good stuff to ski on. this is new york harbour.

you can't see anything behind me. visibility is way down. but i will tell you the staten island ferry is running and jersey ferries running as well. the commute this morning was light. not a lot of people went to work. new york city schools closed today. 1.1 million kids not in school and schools closed in boston and philadelphia as well. let's talk about airports for a second. we've seen somewhere around 3,000 flight cancellations because of this massive winter storm that has barreled down on the east coast. that is just going to wreak havoc on flights over the country and parts of the world. so many flights move through the east coast airports, so at this point we're just seeing a continual snowfall, probably halfway through it, i think. i believe janice dean was saying 2:00 this afternoon it should start to taper off here in new york and it will get much heavier in boston as it moves through. we have molly up there and you'll see live shots with her

as it continues to dump up there. i think boston expecting somewhere around 18 inches. we expect a foot here in new york. maybe a little less and then less and less as you get further south as it starts to turn more to rain and sleet and all that fun stuff we saw overnight until this snow really began. >> heather: thank you so much for being out there for us. you've been out there since the 5:00 a.m. show this morning and it is quite a change. the snow really started coming down. thank you, rob. >> it's really heavy, yeah. >> bill: what was happening at 5:00 a.m.? it was dark. >> heather: not as much snow. now all of a sudden it's covered. >> bill: we're only 20 days in but how are republicans doing on their campaign promises? we're hearing from some republicans they should be sued for fraud. that's what matt drudge says for lack of follow through. how the white house is reacting to that. they were asked about it yesterday plus there is this today. >> he is made very clear during the campaign that the first step is understanding, knowing

and proclaiming who the enemy is and he will do whatever it takes. >> heather: a new push to have the muslim brotherhood called a terrorist organization. what it would mean for our relationships in the middle east. >> bill: jeff sessions will be the next attorney general after a nasty confirmation fight. senator ted cruz calling democrats the party of the ku klux klan. you heard it here yesterday live. we will debate this fair and balanced in a moment. >> when the left doesn't have any other arguments they go and accuse everyone of being a racist. it is an ugly part of the modern democratic party. jeff sessions is an honorable, decent person.

>> bill: we won't -- want to show you an image from capitol hill. there may be an opportunity here where there is a comment offered in the context of what has been happening over the past 20 24* hours with the comments from sidney blumenthal out of connecticut that has countered by kelly ayotte and the president as well. so we'll see if there is more commentary on that. stand by for that. also the tape play-out with the airline executives should be up from the white house in a matter of minutes. >> heather: while we wait on that let's get to this. president donald trump meeting with airline executives promising a tax announcement in the coming days.

while we wait for all of that, matt drudge, the man behind the influential website drudge report is blasting congressional republicans for not focusing on the policy promises that won president trump the white house. he is registering his displeasure saying this. republican party should be sued for fraud. no discussion of tax cuts now, just lots of crazy. back to the basics, guys. and then he said this, white house eyeing executive order targeting conflict mineral rules. is obamacare penalty tax still in place? former massachusetts senator scott brown is a fox news contributor. thank you for joining us on this snowy day. so is drudge -- is drudge correct in all of this? because there is a lot of crazy going on, not a lot getting done. >> well, i love drudge, i read drudge. i think it's another piece to the puzzle to get your information, but with respect to him and others who are complaining, the president has

been in office for 19 days. the democrats have thwarted his effort to get a treasury secretary, will be the person driving the train when it comes to tax policy. so we don't have a treasury secretary and other cabinet secretaries. i've never seen in my lifetime and other lifetimes i'm sure everything like this from the inside, outside, the left and right. the president is on an island. with regard to getting nothing done, with respect have these people been reading the papers? the president is dealing with the border security. he has general kelly down there working on it. he is dealing with obamacare. you think you'll get rid of that just like that? something that so massive? you want to make sure you do it right not like the democrats who rammed it through to reconciliation. >> heather: a lot of infighting going on with those words. repeal or just do away with it all together or just fix certain parts of it.

>> i've followed that debate. i've spoken to some former colleagues. there are parts of obamacare they like. they like covering your kids to 26. catastrophic care and pre-existing conditions. does that mean you'll repeal it and put it back in place? no, you'll keep those things in effect and then you will get rid of the things that obviously the working hours, the penalties, things like that and allow people to go across borders, allow them to tailor their plans and cost sharing programs where i think it's one of the best things you can do. there are so many positive opportunities to fix this thing and so replace, fix, who cares? i want to make sure that employers get a pay increase and they get a tax cut as well by getting rid of this massive mess. >> heather: that's why people care because the longer the obamacare issue continues, it possibly puts holds on tax cuts, infrastructure plan as well. >> it's been 19 days.

i know donald trump can work out deals but 19 days. i think people need to relax a little bit and give the guy at least his full cabinet and give him a month maybe? and then if it doesn't work out you can hammer him. you can't hammer somebody when he doesn't have a full cabinet or a treasury secretary. got his attorney general last night. jeff sessions is a great guy, a dear friend and the stuff that they were saying about him, how do they look themselves in the mirror? so there is a lot of dysfunction and that's why people don't like washington and that's why they elected donald trump. now they have to give him a chance to do his job. >> heather: is it more dysfunctional than ever before right now? it appears that way. >> yes, it s. >> heather: is there a point in time when democrats will turn against their democratic lawmakers who are doing all this? they can delay and that's all they can do. >> that's all they can do and

hold a news conferences and do what you see. harry reid, thank god, changed the rules to allow for a simple majority as you saw by the vice president coming down and confirming our education secretary. live by the sword, die by the sword. not only with the republican party but not so much now but the democratic party you may see a split with the fiscal conservative jack kennedy democrats saying enough on the move on.org radical party. enough of that. we'll separate and form our own party. i see more of a split in the democratic party than the republican party. >> heather: eight years of policies that he is trying to remake. he did promise jobs, jobs, jobs. >> he can't do it overnight. he has been doing it. >> bill: thank you for that out of new hampshire. scott brown. now to the white house where any moment now we should get the comments from president trump and his meeting today with top ceos from the airline

industry. it is happening now at the white house and we get these taped play-outs that sometimes extend five minutes and sometimes 20 minutes and we expect to get about five minutes of comments in a moment. apparently what he talks about is something that senator john barrasso said 45 minutes ago with regard to taxes. it will happen this year. that's what he said. president trump said moments ago that he will make a tax announcement in a few weeks. so that is a bit of a headline that will play out. >> heather: right there at the end of what scott brown was saying. he was saying he has already been doing the work, bringing jobs and getting jobs for americans and so i'm sure he will be talking with airline executives about the economy and jobs today. >> bill: in addition, there is this ongoing back and forth over what judge gorsuch said and what he did not say in his meeting with democratic lawmakers on the senate side. we'll get to all that. squeeze in a quick break here. president trump is on deck next. tech: don't let a cracked windshield ruin your plans.

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>> bill: as expected we'll give you the tape play-out in a moment president trump. among the comments about the tax issue. he will also talk about the air traffic control system in america and talk about the faa. talk about how air traffic control system is obsolete. this is a guy who has had his own airplane for a long time. you go back 25, 30 years, he

had his own airline. it was only in service for about three years but that did exist for a short period of time. let's go inside the meeting now. here we go. >> president trump: i think i understand. thank you all. i know so many of you through reading and business magazines and you have done an amazing job. and i want to congratulate you. i know you're under pressure from a lot of foreign elements and foreign carriers. i've been hearing that a little bit. at the same time we want to make life good for them also. they come with big investments. in many cases those investments are made by their governments but they have big investment. i'm thrilled to welcome the leaders of the airline industry to the white house. your industry supports over 10 million well-paying u.s. jobs and creates almost $1 trillion in economic activity, which is really big stuff, really

amazing. last year our airlines moved approximately two million people each day in our country, which is an incredible number of people and they move them well despite the bad equipment that the airports give you in many cases because they can't get approvals on anything and we have a regulatory morass that's a disaster and a lot of equipment they order is obsolete when they order it. i have a pilot who is a real expert and he said sir, the equipment they are putting on . we'll talk about that. we'll modernize our systems. we should be using the right equipment and i know you are nodding and you know what i mean. one thing to order equipment but let's order the right equipment. probably the wrong equipment costs more. probably buy the right equipment for less money. my pilot, he is a smart guy,

and he knows what's going on, he said the government is using the wrong equipment and instituting a massive multi-billion dollar project using the wrong type of equipment. so let's find out about that. we want the traveling public to have the greatest customer service with a minimum of delays. and with the greatest convenience all at the lowest possible cost. we want to help you realize these goals and we will indeed help you realize these goals. airports are very important when we travel. as an example, somebody was saying yesterday to me that you go to china, you to go japan, they have fast trains all over. we don't have one. i don't want to compete with your business, but we don't have one. and it's the same thing with our airports. our airports used to be the best, now they are at the bottom of the rung.

we've spent $6 trillion two months ago in the middle east. we have nothing. we have nothing. we never even kept even a little tiny oil well. not -- i said keep the oil that that we spent $6 trillion in the middle east and we have nothing and we have an obsolete plane system and obsolete airports and trains and bad roads. we are going to change all of that, folks. you will be so happy with trump. i think you already are. we want to help you realize these goals by rolling back burdensome regulations. you people are regulated as much as almost anybody. i can think of a couple of industries that are even worse. lowering the overall tax burden on american business is big league. that's coming along very well. we are way ahead of schedule, i believe, and we will be announcing something, i would say, over the next two or three

weeks that will be phenomenal in terms of tax. and developing our aviation infrastructure. again, i want to thank you all for being here. i want this to be a meeting of substance. i want to be able to do things for you, the auto industry was in. they left and said it was the best meeting they've ever had. i even took them into the oval office. the head of ford and general motors, fiat, others, never saw the oval office? you know how far away it was from the room? 10 feet across the hallway. but they never got taken. i took them in. the oil companies will be making massive investments in michigan and ohio and pennsylvania. a lot of the places where jobs have left so we're really happy about that. they've been great. ford will build -- they cancelled a big plant in a certain place. i won't say where, a $2 billion plant ant they're building it in the united states and

expanding greatly. general motors the same thing. i think they'll continue to be great. we will be great to them and get rid of a lot of unnecessary regulation. and we will make their life a lot easier and they will employ a lot more people. it is working. a lot of businesses are rushing in and coming in big league. with that i thought what we would do is perhaps start with mr. gray and go around the room and just quickly just say who you are and who you represent. the biggest of the airlines here. and you can stay, stay. >> bill: while those introductions go at the white house want to show you judge neil gorsuch back on capitol hill and has meetings with u.s. senators after yesterday where he apparently met with sidney blumenthal from connecticut and he came out and suggested that neil gorsuch is bothered, i think the phrase was disheartened and demoralized on behalf of the criticism from the president toward the

appellate court in san francisco and the travel ban. you got that? >> heather: then you have president trump taking issue with that. >> bill: kelly ayotte has been his counselor, advisor, chaperone throughout all these meetings and she put out a strong statement earlier today. she did not take exception with the following words. he said that he finds criticism of judges integrity and independence disheartening and demoralizing but he said he could not comment on specific cases. that is important as we go on the back and forth through this hearing and the leading up to gorsuch's hearing. hoping to talk to senator ayotte, perhaps it happens today. hope for that. >> heather: you've been working on. that a busy day in washington we're also waiting the swearing in ceremony for jeff sessions, the alabama senator finally taking his post of attorney general after weeks of delay in the senate. we'll take you there next. ving .

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>> heather: another day, busy, another fox news alert. senator jeff sessions at the white house this morning to be sworn in as the next attorney general. we've been following it. the president and vice president all expected to attend the ceremony in the oval office. set to begin any minute now. the vice president just arriving just moments ago. the senate approves sessions after a long night last night. 52-47 and in a farewell speech sessions reiterated his support for the president and pledged to uphold the rule of law. >> bill: controversy over the a.g.'s nomination sparking this comment yesterday on our program. senator ted cruz joined us. when it came to the topic of elizabeth warren on the floor of the senate what happened after that point he said the following here on "america's newsroom." >> democrats are the party of the ku klux klan. you look at the most racist and

the dixie, they were democrats who imposed segregation and jim crow laws who founded the clan. the klan was founded by many democrats. now the democrats accuse anyone they disagree with of being a racist. >> bill: that got a lot of attention. rachel. let's start with you. this is getting nasty in the u.s. senate and when we have senator barrasso and asked him when it would cool down he did not have a great answer as to when that would be. where is this coming from and where does it go? >> well, listen, ted cruz is right. the left uses race to foment hate and if you look at the south, the less racist it has become the more republican it's become. the left has a very checkered history with race. one that they try to cover up and they're able to do because

they have a monopoly on our education system and curriculum which is probably why they fought so hard against betsy devos. we can't point out what the democrats history is with race. we need to celebrate as republicans our very proud history. it was republicans who freed the slaves and republicans who fought for 40 years to give women the right to vote and only were able to do it when they won a landslide majority in the house and senate. it was republicans who voted in greater percentages for the civil rights act than democrats. we need to tell these truths because we're not -- our kids aren't hearing it in school, that's for sure. >> bill: leslie, the niece of martin luther king was on yesterday with neil cavuto and he said you know, you pull in the race card all the time and she is tired of it and did not want her name invoked there. nonetheless, it has happened. it has happened a lot this past week. so what gives, leslie?

>> i think it's pretty racist, if you will, i'm offended as a democrat to be lined up with the kkk who have endorsed our current president, a republican title next to his name. the democrats put forth the only black man ever to be nominated and elected to the presidency of this country. in the 60s, it was the democrats who became the party of civil rights. to look at both democrats and republicans from the late 1800s or the early 20s and 40s is absolutely ludicrous. ted cruz needs to look at a calendar. 2017. the democrats aren't part of the kkk. look demographics of the democratic party. more african-americans -- >> bill: he is factually accurate about the dixie-crats when you go back to the 1950s. >> we aren't that party today, bill. and poll it owe fact in 2013

when a state senator from virginia made the same remark and apologized and regretted saying it, by the way, in 2013 they found that although there were democrats that helped to found the kkk, there were non-democrats as well. >> it was as recently as 2010 there was a former klansman senator in the u.s. senate, senator byrd and strom thurmond in the u.s. senate. we don't have to go back to 2010. we can go back to the women's march. who was the organizer of the women's march? a woman named linda sarsor who wants to promote sharia law, anti-woman, anti-gay. and when the conservatives brought that up, they created a #which democratic bernie sanders said i stand with linda.

do you stand with linda, a promoter of sharia law which discriminates against women and gays and all kinds of rights in america? >> first of all, we're talking about the kkk and sharia law is something that is practiced by some muslim countries throughout the world. and we don't even have the time to get into what sharia law is. we have religious courts for jews and muslims. with regard to the kkk, i as a democrat am offended when you have david duke, a former high ranking member of the kkk who is also a republican, who is also supported this president, i think again in 2017 to say that the democrats or even the republicans parties of the late 1800s or even the 1920s or 40s is not just not factual, i find it offensive and i think ted cruz needs to pedal back his comments. >> bill: it seems like a race to the bottom. i don't know when that decorum

returns to that chamber of congress, but the level of decorum -- >> it is time to start using race as a club. >> bill: thank you, ladies, for your time. 22 minutes now before the hour. >> heather: we'll switch gears here. is our military on the verge of a national security crisis? new details on our dependence of foreign suppliers and why some say it's time to start talking about it. >> bill: a famous family of daredevils injured in a stunt. what circus officials led to a 30-foot fall. >> not the first time they've done it. they did it flawlessly yesterday and i'm sure that nick walendo will go back on the high wire. the show must go on.

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>> bill: watch what happens on a phoenix enforcement bust of an illegal immigrant? this was ongoing after the mother who came here illegally, she now has two american-born children. the mother was taken into custody during a check in. she was arrested during a work site raid nearly a decade ago. now she may face deportation to mexico. adam housley is watching all this to see how it goes from here in los angeles. adam, good morning. >> good morning. she came here 22 years ago illegally at 14 years old. she now has two children and what happened basically yesterday is garcia de rayos went for her ice check and been doing in phoenix, required check in. she had been checking in with them every year since the order. that's the whole catcher, the order.

that's what has changed. she was convicted of felony identity theft in 2009 for working at the golfland amusement park. arrest was workplace raids by the sheriff there. immigration and customs enforcement say garcia was being held on the deportation order in 2013. she fought the order for voluntary deportation. the obama administration changed its deportation policies that allowed her to stay here. her children are outraged. >> no one should ever have to be separated from their mother. especially my sister. she is a teenager and growing up and needs my mom there for her. my mom is my everything. she is always there for me and no one should have to go through this. >> we're worried for my mom but we have faith that everything will turn out good. >> checked in early yesterday at the ice headquarters, by

10:00 p.m. police in riot gear were called. one guy grabbed ahold of a van's tire. she was in the back. late last night this morning first thing she will be taken to across the border and released on the other side of the border. no word on what her attorney is going to do to try to bring her back. this is the first of what has happened in the change of the order. again, this was something that happened four years ago and now being processed differently. >> bill: interesting to watch. you will. adam housley reporting on that from los angeles today. >> heather: new concerns about u.s. dependents on foreign suppliers of our military needs. a report shows we're relying on countries like china for rare earth minerals which are essentially components for guided missiles and other artillery. we call attention to the lack of dialogue on the issue. we have a national security crisis. let's do nothing. john wrote that piece.

executive vice president of fox news. thank you for joining us. so do nothing is not an option because these are important minerals. tell us why. >> we have done nothing for too long. that's the bottom line. rare earths are 17 metals that are produced 95% by china right now. we are completely reliant on china for our supply of rare earth materials. these are the components that make magnets that are now the key element of our jet fighters, of our satellite guided missiles and of the cat pults that launch planes from aircraft carriers. they're essential elements. >> heather: at this point the united states is 100% reliable. how did we get to that point? >> we used to make our own. because of globalism and china can ignore environmental regulations and force people to work at low wages it became

cheaper to import them from china and now we're unable to create our own. >> heather: mining industry expert you quoted in the article said i think we have the outcome of each study is to declare we have a crisis, let's do something about it. but all they do about it is ask for another study. how can that change? >> there have been 30 studies since the mid 1990s about this. everybody knows what the situation is and nobody wants to do anything about it. yesterday congressman hunter, a republican from california told me he will introduce a bill that would take a portion of the military budget and subsidize domestically made rare ergts again. >> heather: we were just discussing that earlier where they're requesting $100 billion more in 2018. you would divert some of those funds. >> it is a small percentage. congressman hunter is convinced we have to get back to making our own military supplies. we can't rely on partners like china. >> heather: do we still have people willing to mine these minerals?

they went out of business. >> the entrepreneurs are out there looking for help and guidance and most of all looking for government cooperation. it just hasn't been available during the last administration. >> heather: we've lost our leverage with china. >> and we've lost the technology. we sent all our technology to china and they said thank you very much. we'll have to be in a catch-up to mine rare earths and produce those materials as well as china can. >> heather: because we have been doing nothing. thank you for joining us. bill. >> bill: we're waiting the swearing in at the white house, attorney general sessions will be the man in charge in a matter of moments and we'll take you there live when it happens. did you catch this from the world of sports last night? >> maybe security is there. let's see. >> bill: this is all off the court action here. the new york knicks are moving from one court to another

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>> heather: we're awaiting more meetings this hour before judge neil gorsuch and senators on capitol hill. it comes along with the growing controversy over comments made by connecticut senator on his meeting with the judge. we'll have more on that and the president says he will crack down on sanctuary cities. some states are embracing his proposals. others are doubling down against it. the legal debate on all of it coming up on "happening now." >> bill: tough time force the new york knicks. now an off-court incident from one of their former stars charles oakley, the scene last night at madison square garden.

during the game allegedly he was shouting at the new york knicks owner, james dolan during the game with the clippers. he was pulled away by several guards and he was arrested and charged with three counts of assault. sportscaster jim gray with us now. this is a 10 second highlight normally. this led to a place that a lot of people did not expect. now, oakley's talking today. he said he was kicked out of the game for no reason and the knicks have put out this statement. i'll read it to you for the audience now. charles oakley came to the game tonight and was ejected and currently being arrested by the new york city police department. he was a great knick and we hope he gets some help soon, end quote. i know there is a back story, jim. what is it? >> charles oakley has been left out by owner james dolan of the

70th year of the anniversary of the team. he was a great player for 10 years and they had terrific success. he tried to get a meeting with dolan. he showed up last night and sat a few rows behind and it led to this. you cannot push people. you can't shove people and can't behave in the fashion that oakley did. however, he feels as though he is an aggrieved party. a horrible look for the new york knicks. to release that statement and that last line we hope he gets the help he needs soon. that's ridiculous. that indicates that there is something wrong with the guy, either he has some sort of issue that none of us know about, but that's nothing to put out into the public particularly if it's not true. >> bill: do you know what oakley may have been saying or may have directed toward dolan last night that led to this? >> according to oakley, nothing. according to some of the fans who were around, apparently he had some words to say about james dolan.

he said these things publicly. the knicks have had terrific trouble and been dysfunctional for a long time now and their performance on the court has been awful and oakley has been a critic. a lot of people have been critics. it's led to this. but to see this guy arrested and on the ground and being taken out by all of the security and police is a horrible, horrible scene for the knicks, for the nba, for charles oakley and james dolan and everybody involved. not what you want for one of your former star players to have it come to this. it's sad. >> bill: he was a great knick and hope he gets help soon is a shot. jim, thank you. i know this is not the end of this story and certainly there will be more coming up later today. nice to see you. how was the super bowl, by the way? [laughter] >> incredible. what a great, great game. exhilarating on all ends unless

you're from atlanta. you will never get over it in you're from atlanta. as a sports fan it was amazing. >> bill: to be in the losing end of any super bowl, not to mention that one, is really a shot to the gut. jim, thank you, nice to see you from l.a. sportscaster out there in california. thank you, jim. >> heather: moments from now a former alabama senator jeff sessions will be sworn in as attorney general. we saw the vice president arrive. we told you that a short time ago to administer the oath and we'll take you there live when it happens.

>> have you enjoyed this little tour today? >> i have. >> the audience know this, we prepare this show for 2 hours and become on the air at nine: zero one and everything changes. we're not complaining, but it's kept things very interesting. the president said a moment ago, you're going to be so happy with

trump, you really are. we should see the swearing in of jeff sessions. great to have you, heather. >> i'm going to go play in the snow now. >> we'll catch you tomorrow everybody. >> a very busy day in washington, d.c. at the senate heading into its next confirmation battle and the president heading back. hello, everybody. i'm jenna lee. >> jon: one of the number of phone calls today to the middle eastern leaders, that is just part of what's on his agenda. details emerge from a private meeting between sub cream court nominee no course edge and richard blumenthal of connecticut. he called it disheartening