west virginia, also west virginia, john cornyn of texas, alexander from tennessee, koons of delaware, and bennett from colorado peered the president expressed his hope that these senators and their colleagues will with over 100 federal judicial nominations, potentially happening during this administration. it's critical for us to have an open dialogue and work twars bipartisan agreement so that our justice system returns to its important work on behalf of the american people. later today the president will speak with the amir of kuwait and prime minister of iraq. we also anticipate the senate will hold a vote to confirm senator price into the early hours of friday to be the next secretary of health and human services. the president was glad to see the army corps of engineers announced the final easement for

the dakota pipeline. the president and the president working to reduce further unnecessary delays. this project can finally continue to move forward. the construction of the dakota access pipeline was one of the president's campaign promises. the administration is pleased that americans will be going to work building the pipeline and building with american steel whenever possible. looking to the kwroup coming schedule. tomorrow the president will welcome japan's prime minister. they will hold a press conference at 1 p.m. in the east room. they will depart washington around 3:00 p.m. tomorrow afternoon for mar lago where the president is honored to host the prime minister at the winter white house. as we recently announced just earlier today, prime minister trudeau of canada will visit the white house on friday. the president will also host prime minister netanyahu next

wednesday. we will have more press guidance for those. one last thing before i take your question. amid surging levels of ceo confidence and in the wake of incredible job announcement made by the white house yesterday by intel, there's new numbers released by the department of labor showing unemployment claims are near historic lows. the president knows better than anyone what business needs to create jobs and the market is responding to his policy improvements. this administration will continue to roll back burdensome regulations and lower the overall tax burden on americans so they can hire even more people and create even more innovative projects. with that, i'll take your questions. caitlin colins? >> thank you. consumer financial protection bureau makes more than members of congress. more make more than vice president pence. does the president have plans to revamp this agency? if so, does he feel he should fire the head of the agency at his will? >> we have no updates on the

head of tv. if we do i'll let you know. with respect to the first part of that question, one of the things you're going to continue to see from this president is a respect for taxpayers dollars, the money they spend. we will con to review all aspects of government. you will see further announcements as to how he is going to innovate and update government. the bottom line is we should be paying people a fair wage for their service to this country but we should be doing it in the most effective and efficient manner. that's what the president has shown in his commitment toward helping reduce the cost of several programs through the government and bringing back jobs. but there's going to be a respect for taxpayers in this administration so that whether it's salaries or positions or programs, he's going to have a very very tough look at how we're operating government, how many positions they're in, what people are getting paid. the president understands that

most americans are out there working night and day trying to get by and washington truly needs to respect the money they spend. we should be doing it in a way that shows with the level of respect in terms of how many people are hiring, what they're paid, what programs we're looking at, whether or not that program is duplicitive. it's about looking at how tkpwof as a whole operates. john? >> questions have been raised after kelly anne appeared to from the confines of the briefing room promote the products of ivanka trump. do you believe that she crossed an ethical line? >> she had been counseled. that's all we're going to go with. she's been counseled on that subject. that's it. >> reuters has a story out that includes a partial transcript of the president's call with vladamir putin which he appears

to express doubts about the new start treaty. does he have doubts about the treaty? >> the president's conversation with president putin is a private call between the two of them. i'm gonna leave it at that. we put a readout out on the call and we have nothing further beyond that. john? >> thank you, sean. one question today. >> wow. >> on february 2nd, a well known filmmaker in russia and was opposed to the dissident has found himself in critical condition. she has since said this is poisoning very much like the conditions that almost took his life two years ago. and does the administration have any comment about that? or the frustration of mr mr. nidonwn, the opponent of

president putin to get on the ballot as a candidate? >> i think the state department is aware of the situation. we're monitoring it. i'll leave it at that. >> sean, the president said today in the airline representative meeting that he hopes to have an announcement in the next two, three weeks about lowering the burden of taxes. at the super bowl interview he was asked, can americans expect a tax break in 2017 and he said i think so, i would like to say yes. sounds like he's a little more confident for the businesses than individual tax breaks for americans. is the business component at this point ahead of the individual component? >> thanks for asking. i think we're looking at rolling out the comprehensive tax plan that we'll be working with congress on that will address both the business side of the tax ledger as well as the individual rates. it's going to be a comprehensive plan something we haven't seen since 1986. i think when you look at the segue to that, we've got two

opportunities for reconciliation this year. one is using the fy17 budget which you can get obama care repealed and replaced on, or you can use the fy 18 budget to utilize the second opportunity at reconciliation to comprehensive reform. we recognize the need. it's been since 1986 that something like this of this scale and magnitude happened. the president recognizes that middle class americans need tax relief. and that's going to be part of that. we also recognize and you saw that in all of these business meetings, whether it's inversion where people are shipping jobs overseas or re-establishing themselves or profits kept over there. we need fundamental comprehensive tax reform that addresses both sides of that income stream. >> is it going to be a mix between what he had put out there on the campaign and what house republicans have put out there before? there's some similarities but clearly differences. >> you'll have to wait a couple weeks before we put out that outline. i can tell you that it's

something that's going to spur economic growth. it's going to recognize the need to give so many working americans the relief that they need. more importantly part of the issue that we continue to see over and over again with businesses is that we're facing competition from abroad because they are aware of our tax code. it favors companies from not wanting to stay. the president recognizes that. what he wants to do is create a tax plan that not only keeps jobs here, but makes it, incentivizes companies to want to come here, to grow here torque create jobs here, to bring profits back here. i don't want to get further ahead of it, but i will tell you it will be the first time this country has seen a comprehensive tax reform in a long time. >> the president tweeted that our country is quote bogged down in conflict all over the place. where are we bogged down? >> i think there's several places. >> what did he mean by that? >> i think if you look at isis in particular and the hot spots

around the country, the places that we have to monitor. there's a lot of countries through the middle east in particular, northern africa, that we are having to address and deal with and monitor because of the threat of radical islamic terrorism. there's no question that the spread of it has gone, in the last eight years, has pro-live rated. i think the resources that we have to spend. this isn't a tradition war where you're looking at the enemy with the uniform and saying here's the country we're fighting. the proliferation of isis throughout this country has made it so that we have to focus a lot more in a lot more places and expend a lot more resources because it is more a separate approach that we have to employ instead of one country. >> bogged down suggests -- >> i understand. >> thank you.

[ inaudible ] >> i'm curious about the timing. also president trump said he's looking forward to develop relationship with china. can you talk about the importance of the relationship to the u.s.? >> it's obviously important to us. the president understands that. i think he's spoken fairly often about china and he understands both the national and economic interests that we have, the desire for our companies to access the chinese market. also the national security interest that we have. and so he obviously wants to do what he can to have a truthful and constructive relationship with china. he looks forward to developing that as we go forward. sara? >> top u.s. commander in afghanistan said today that they could use a few thousand more troops in afghanistan to help

the coalition efforts there. going off my question of we're trying to get out of conflict like that does the administration plan to send additional resources in? >> the president will heed the advice of the general and secretary maddis. i think that's right now a september of cent issue that they are facing. >> two questions. i want to get to immigration. but first on the comments from judge gorsuch that have been reported out. the president still stand by his nomination given where gorsuch stands. given where -- given his position on the president's attitude toward the judiciary and given that the president praised neil gorsuch for his intel lect. does the president have any regrets about the comments he made about the federal judges. >> no, he has no regrets. he's very proud of the selection he's made.

he's going to make a great associate justice. >> the comment he said about -- >> i understand that. he has no regrets. thank you. >> why are you calling me out? i know the white house has been following the situation of guadalupe. does the president believe she should have been deported? >> i'm going to refer you back to ice on that. that's an ice matter. >> you have no comment? >> the issue is developing in arizona. i would refer you back to ice. margret? >> in that lunch meeting the president said that he basically said senator blumenthal's comments were taken out of context and that -- >> judge gorsuch's comments. >> his relaying of judge gorsuch's comments were taken out of context. the senator who is working with

the white house to help shepherd the judge through confirmed those same remarks, disheartening and demoralizing. is the president aware of that? >> of course he's aware of it tphp is what the senator said. judge gorsuch made it clear in all of his discussions with senators that he could not comment on specific cases and that judicial ethics present him from commenting on political matters. he has also emphasized the importance of an independent judiciary while he made clear that he was not referencing any specific case he said that he finds any criticism of a judge's integrity disheartening. there's a big difference on commenting on the specific comments that have been made in a tweet and his general philosophy about the judiciary and his respect for his fellow judges. the senator's comments were very clear about how those are two distinct issues. >> they were also in the context of the president's attack on the judiciary which is what the

senator you just read out was also talking about there. was the president aware of that? the senator was sitting right across from him when he stayed comments weren't accurate. >> the way senator blumenthal characterized them, he was talking about the tweets saying that he was disheartened. that's not what the judge said. he was making two distinct arguments about how he views the comments that he should not be commenting on a political matter or specific things. but as a whole, he doesn't like attacks in general on the judiciary. it was a very distinct argument that he was making. i think that's where we have to be clear. that's what the senator was saying this morning. very different. >> is he taking that on board? you just said he doesn't regret his past attacks on the judiciary. but now you have these confirmed remarks that you were saying were exactly what the judge was talking about. >> no, no. hold on. again, i think it's important to understand that the judge was

very clear that he was not commenting on any specific matter, right? he was asking about his general philosophy. so you can't then take that equate it back to the specifics. he literally went out of his way to say i'm not commenting on a specific instance. so to take what he said about a generalization and apply to it a specific is exactly what he was intending not to do. >> president will continue to speak like this? >> of course he will. the president will speak his mind. goes back to thomas jefferson that presidents have commented on judiciary nominee. i mean, the idea of one branch talking about or commenting on another branch is as old as our republic. i don't know why -- i find it interesting. when president obama criticized the supreme court for citizens united comments in the state of the union there wasn't a similar concern about that. the idea that this is -- >> it wasn't a so called judge. >> at some point it seems like there's clearly a double standard how this is applied.

when president obama did it, there was no concern from this briefing room. when he does it, it's a ton of outrage. with all due respect, i think the president's made very clear that he was concerned about how that executive order in particular, which is what we're talking about was applied. we've addressed it over and over and over again. that the u.s. code gives the president very clear authority to make this happen. >> i want to make sure i understand what you're saying. are you saying demoralizing and disheartening was not specifically about the president's comments? >> no i think the judge literally made it very clear in his comments -- >> he said he corroborated it. >> the senator who was there made it very clear that he was commenting in general about attacks on the judiciary. that was it, plain and simple. i understand that. i can tell you what senator aott was very clear about that. there's no -- i understand that.

she has made it very clear over and over again. yea yeah? >> your answer about the context doesn't make sense when you think about what senator ben fasta said today on tv. he said he asked judge gorsuch specifically about the president's so called judge tweet and in response -- >> this is like the fourth time i have answered it. >> this is a different context. >> i understand that. i have said exactly what the senator said about it. i understand. thank you. >> i'm going to continue on this line despite what's happening here. why isn't the white house, why isn't the president concerned about the influence or the appearance of the influence on the independent judiciary? >> why season he -- he is tree to speak his mind. where is this outrage been through the last 100 years? >> i'm talking about this president. >> part of the reason the president got elected is because

he speaks his mind. he doesn't hold back. he's not gonna sit back when he feels very passionately about something as much as the executive order. he was doing it to make sure americans were safe. the u.s. code is crystal clear on this. i think i have read it for like three days in a row. it can't be any clearer how much authority it gives the president to do what he can to keep us safe. he's concerned that he's doing what he can to keep this country safe. i'm not sure how many more times i can read the code to you. >> talking about it is not how the judicial process works. >> thank you. you've asked the question eight more times. hold on. i understand. thank you. go ahead. go ahead. >> also from kelly ann conway earlier this week, you say this is in context of the nordstrom and not about what she was counseled about, but about something she said to cnn earlier this week is that the

president doesn't comment on everything. so i want to contrast the president's repeated statements about nordstrom with the lack of comments ab other issues including the attack on quebec mosque and other similar environmental issue. why is the president -- >> hold on. you just brought that up. i literally stand at this podium and opened a briefing a couple days ago about the president expressing his condolences. i literally opened the briefing about it. so for you to sit there and say -- >> i was here. >> so why are you asking why he didn't do it when i stood here and did it. i don't understand what you're asking. >> kelly ann's comment was about the president doesn't have time to tweet about everything. he's tweeting about this. he's not tweeting about something else. >> i came out here and spoke about it. >> during the president's time. >> you're equating me addressing the nation here and a tweet? that's the silliest thing. i'm done.

this is silly. thank you. you've asked your question. thank you. thank you. go ahead. >> one of the criticisms levelled at president trump's predecessor, president obama, by republicans was his excessive use of executive orders. president signed three more executive orders today. why isn't that criticism applicable to president trump in the same manner it was? >> when you look at the context of what those executive orders did, and there's things that are within the bounds of trying to protect this country. less nothing that i think even democrats would complain with the exception of the one that we've had conversations on. most have been widely praised by both parties to keep this country safe, to get job creation back. most were applauded. i think the difference with what president obama did was stretch the executive order to take actions that had largely been within the realm of congress and do things that didn't allow for

prior input. the stuff the president is doing is almost entirely highly applauded by both sides of the aisle. there's a big difference in the context in which those two administrations operated. >> criticism in addition to that was president obama, in using those eo's was governing by executive fiat. he wasn't working with congress. does the president plan to use congress in a manner. >> i just mentioned tax reform, immigration. there's so many areas where the president -- he literally, we held up this briefing a little so eight u.s. senators could walk out and talk about it. that meeting while focused on the judiciary, they talked about infrastructure. they talked ab priorities they have. he has shown a commitment to work across the aisle. to bring folks in, to listen, to get ideas on a legislative agenda. i think there's a big difference between the last administration

shunned congress's role and this administration where they are asking for congress input. >> follow up on a question. because there is the revenue element of the affordable care act if it is repealed and replaced, there has been discussion on the hill about what would be the appropriate track to get that into tax legislation or treat that as tax legislation. the president is interested in unveiling a tax package that is as comprehensive as you just described. would the revenue el phpbts of the affordable care act be on a separate track or is he talking about folding them into one reconciliation tactic? >> as i mentioned at the outset, we're primarily looking at two reconciliation tracks. one utilizing the 2017 budget so you can put your obama care repeal and replace in the 2017 reconciliation package. then you could potentially do

tax reform, comprehensive tax reform in the 2018 budget. but i also want to say just so we're clear, these aren't prescripted. we continue to work towards congress on a range of options to accomplish both of those and other goals. those seem the most opportune ways to get that done. i wouldn't want to rule anything in or out. speaker ryan and senator mcconnell will talk about how to make this thing happen. >> you talked about the president's tax reform plan. is that something he's talked about with leaders in both houses of congress? >> absolutely. i mean, as i mentioned, he has met with just wrapped up a meeting with republicans and democratic senators. this is something the legislative affairs team, as well as the president himself has engaged in members of congress to talk about this privately and in bigger groups. there is a very large conversation going on to achieve

bipartisan support for a package of this nature. jonathan? >> does the president believe it's possible to balance the budget without major reform? and if so, how? >> i think one of the things the president has looked at is not just cutting side but the revenue stream. natural resources. regulation and tax reform. how we can grow the economy and bring in additional revenues to the government on the revenue side. there is a balance now the president is looking at bringing down the deficit. i think before i get, we'll have a budget out in a few weeks. that will answer a lot. again, when he comes to deficit reduction which is something that he is very interested in, it is not a one side of the ledger option. a lot of what he is trying to talk about in these meetings and with business executives is how we can expand the economy. and that expanded economy, that job creation, those explorations

of natural jobs also bring additional tax revenue. there's a way to do this. if we start bringing businesses back. creating more job. that has a significant impact on the deficit on being able to drive down the deficit and balancing the budget. i think it' not something i want to get into too much detail now but i will tell you the president has been very keen on trying to make sure that we look at the revenue side as much as we're looking at the spending side. when it comes to the spending side, you're looking at a whole government approach at how we look at every department, every agency, every job, the hiring freeze being one of them. how do we make sure that we're looking at, are these positions necessary? are we using taxpayer money in the best possible way? those are the whole -- it isn't a single like look at those particular programs and try to figure out what we can do. he's looking at everything and figuring out if we can make it

more effective and efficient. scott? >> sean, the oversight committee will mark up the bill to strike down the district of columbia's death with dignity act, assisted suicide law. it could soon come to the white house. has the president articulated any thoughts on that or the other bill to break down gun laws, marijuana, funding for abortions in the district? any thoughts on all these things that are coming your way? >> as they come our way and they get passed by both houses and come this way, we will issue statements of policy. at this time, they are not in that position. thank you guys very much. we will see you tomorrow. thank you. take care. >> good afternoon. welcome to another hour. we have had a very busy day as we kept an eye on the white house press briefing. sean spicer getting questioned on a whole lot of things. talking about tax reform. that's something they say will come down the pike in the next couple weeks. also questions about kelly ann

conway's comments about ivanka trump's clothing line. telling john roberts that she has been counseled after saying from the white house briefing room on one of our programs earlier today that folks should buy ivanka trump's clothing. spicer also addressing president trump's comments on senator richard blumenthal from connecticut and judge neil gorsuch. we have a lot of stuff to talk about. this is "america's news hq." judge gorsuch back on capitol hill meeting with lawmakers in hopes of winning their support. gorsuch calling attacks on judges like those the president made over his so-called travel ban quote disheartening and demoralizing. but a spokeswoman saying gorsuch meant any such attack and was not targeting mr. trump. our chief congressional correspondent mike emanuel is live for us on capitol hill. mike, talk with us about what is going on with judge gorsuch today on the hill speaking with more members in the senate. >> well, heather, afternoon.

we've seen judge gorsuch roaming the halls here on the senate side of the u.s. capitol, continuing his outreach with lawmakers who will vote on his nomination. judge gorsuch met earlier today with maine republican senator susan collins. collins said the judge outlined his respect for the judiciary branch and his willingness to be a check on the executive branch of our government. another top republican said any criticism of gorsuch is a sign of desperation. >> some of our friends on the other side are grasping at straws, searching for ways to call his background or qualifications into question. basically using the nomination as a way to continue to contest and deny our new president, the mandate he received from his election on november 8th. >> reporter: after a number of meet and greets on capitol hill, sounds like many republicans and some democrats are quite impressed by the supreme court nominee. heather?

>> heather: talk about that. the continuing fallout over his meeting with senator blumenthal that's getting a lot of attention right now. >> reporter: no question about it. it has really escalated into a back and forth between the president of the united states and senator blumenthal. as you mentioned, this coming out of a meeting between judge gorsuch and senator blumenthal of connecticut late yesterday afternoon. blumenthal told reporters after meeting with gorsuch that the judge told him attacks by the president on the judiciary are disheartening and demoralizing. president trump fired back, accusing blumenthal of misrepresenting gorsuch's comments like he misrepresented his service in vietnam. today blumenthal told us this is bigger than the senator or even the supreme court nomination. >> it's about the independence of the judiciary and our constitutional principles. i believe that judge gorsuch should demonstrate his independence by defending the judiciary and condemning

publicly these attacks by the president of the united states on our constitutional principles. >> reporter: for gorsuch, this dust up may work to his advantage with a lot of democrats saying they want him to demonstrate he is capable of showing his independence from the white house. heather? >> heather: mike, i just want to be clear. we just heard senator blumenthal use the word abhorrent. that was not something that judge gorsuch said. that was a word that the senator ended up using. that's caused controversy as well. >> reporter: no question about that. that is a word the senator added. that got under the skin of the president and it's been part of the back and forth all day today. >> heather: one more question. the former senator aotch. she has been on the hill, his sherpa, seeing him to these meeting. was she, in fact, in on that meeting with mr. blumenthal? >> reporter: she has been in some of these meetings. i understand she was in that meeting, so she's been able to clarify what was said between

the two. we have seen her roaming the halls with the judge, helping him with the meet and greet with lawmakers who will vote on his nomination. >> heather: that is significant that she was in on this meeting. we will get to that in a moment. mike, thanks. a former communications director for governor tim kaine and pounding partner of 270 strategies. brie payton is a staff writer. welcome. brie, let's start with you. senator kelly aott she put out a readout on what took place at this meeting. among the things she said took place at this meeting was that judge gorsuch made it very clear in all of his discussions with senators, including senator blumenthal, that he could not comment on any specific cases and that judiciary ethics prevent him from commenting on political matters. end of story that she made it clear that what the judge was talking ab was not specific to the president but in general? >> right, yeah.

i think that's pretty clear, given that she was in a meeting and is providing context that we didn't get from senator blumenthal. i also think in general it's healthy for the three branchs of government to have an antagonistic relationship with each other. when they walk lock step with one another our country is in trouble. the president pushing back on a judge's decision and the fact that -- sorry. that gorsuch is pushing back and saying any attack on the judicial branch is not healthy and not good i think this back and forth is a healthy thing in general for our government. i was frustrated, honestly, watching the briefing with the media. they don't seem to understand that concept. they think this kind of fighting or whatever back and forth is some sort of bad thing when in reality this is the vital sign that our government is working as it should and that it's working properly. >> heather: linda? a sign that our government is working as it should by

questioning one another? >> i think there's a difference between questioning someone's judgment and questioning their motive. that's part of the rancor of all of this pack and forth between the tweets from president trump and judge gorsuch response behind closed doors is about that questioning of the motive. i think that's a pretty dangerous dynamic. also there are some conflicts happening here. you heard kelly aott's read out, richard blumenthal had a different take on the events. >> heather: he did a little free lansing adding a key word there. i'm wondering just how much this is about politic. he is a democrat. democrats on the hill have been trying to stall things for the president. the president hasn't been able to get some of his cabinet nominees in. that's part of the plan of the democrats. lynda? >> you could say that. you could see that perspective 100%. but the other individual that reported out on his meeting with judge gorsuch was a republican. essentially said the judge also

made similar remarks there. look, there's definitely some strategic considerings that are happening in these one on one conversation and what's happening publicly. judge gorsuch has to get to 60 votes in the senate so it behooves him to show some sort of daylight between him and the trump administration. what he doesn't want to be cast as is a rubber stamp for donald trump. >> heather: perhaps that is a good.. one thing president trump is doing is inviting republicans and democrats to the white house for lunch. that has been happening for quite some time. good for him to try to bring them altogether. brie, let me ask you about something that happened earlier today. that is the whole thing about ivanka trump's clothing line. that was an issue that was addressed early this morning on fox and friends. kelly ann conway said just go out and buy the stuff. i'm wearing a pair of her shoes. i just happen to like them. this is something sean spicer

was forced to address. listen to this. i want to get your reaction. >> kelly ann conway did an interview, i believe it was with fox news this morning, where she appeared to, from the confines of the briefing room promote the products of ivanka trump. do you believe that she posed an ethical line? >> kelly ann has been counseled and that's all we're gonna go with. she's been counseled on that subject. that's it. >> heather: issue or not? >> i personally don't think that her one comment was that big of an issue. i think that if she continues to say comments like that and it becomes a pattern of behavior i think that would become an issue. i'd like to point out the fact that she did make those comments, that the press made a big deal out of it and the white house decided to counsel her on the matter is a healthy relationship that should be going on between the press and public officials. press pushes back.

government corrects itself. >> i think it's a huge deal. there's a reason these ethics rules are in place and that government officials cannot, quote unquote, endorse another company or any sort of product. what kelly ann said, i'm gonna give her a free commercial here. >> heather: i was listening to it. i didn't -- it didn't occur to me that it was a commercial, rather she was just trying to be supportive of a woman and company she fell had been attacked for political reasons, just because folks perhaps don't like her dad's policies. >> those were her words. >> heather: thank you so much for joining us. president trump lashing out at senator john mccain attacking the chairman of the armed services committee for questioning the success of a u.s. military raid that took place last month in yemen in which a navy seal died and others were injured and 30 civilians died as a result. peter ducey is live on capitol hill.

good afternoon to you. is senator mccain concerned that the president is coming after him like that? >> reporter: he says he's not, heather. senator mccain told me a little while ago that the reason he's not concerned about this kind of fight maybe affecting the fight over seas against terrorists is that president trump has a lot of good people around him. >> i rely to a large degree on the national security team that i am very good friends with for many years. general maddis, general flynn, general kelly. i have known them all many years and i have worked very closely with them. i talked with general maddis again this morn. >> reporter: i also had a chance to speak with joni ernst about this. she is a republican and veteran and she's declining to take sides. she just hopes everybody can work together to improve the military. heather? >> heather: all right peter. so tell us about this. democrats taking sides in the fight. >> reporter: yeah. democratic senators are taking senator mccain's side.

we know that because we polled a few of them over in the hallway. these democrats are telling us that they suggest mccain's knowledge of things like counter terror raids is just deeper than president trump, they think. and in a very rare show of support for someone from another party in the senate, this is what they're saying. >> i think anybody who questions john mccain understanding of the military and understanding of courage and a military context is not paying attention. >> when president trump assaults senator mccain, he better watch out because this is a guy who knows what he's talking about. and not only has he walked his talk, he's been there. >> reporter: minority leader chuck shumer brought this up on the senate floor. to say mccain is one of the most respected voices on national security, that is the first nice

thing we have heard schumer say about a republican in a very long time. of course, this isn't just about complimenting people from across the aisle. it's also, for democrats, ab creating problems for the president. heather? >> heather: all right peter doocy, thank you very much. for more on this, we are joined by a republican on the judiciary committee from the great state of texas. just down there for the super bowl. you throw a good party. >> home state was having a good time. >> heather: let me ask you about this, about senator john mccain's comments saying i don't believe this was a success, this raid in yemen. the secretary of defense said it was a quote winning mission. what do you think about john mccain's commentsot to understa that, yes, he was a war hero. he served hopb raably. he suffered worse than any american should ever have to suffer as a pow, especially those three years in the hanoai hills. >> heather: however? >> that doesn't give you the right to create problems for

other military members. >> heather: how does that create problems for members of the military? >> welsh when you say this was not a success, you are hurting the morale of the united states military. when you lose a military member, for those of us -- i know mccain is, too. he's probably been to a lot more funerals than i have. but when you go to funerals of service members and you've had a senator say, basically, he died in a failed attempt, that's not very helpful to the good order and discipline of the military. >> heather: you then agree with the president? >> yes, absolutely. >> heather: he said he believes comments that john mccain made embolden the enemy. >> right. as my late mother used to say, just consider the source. this is the same guy after 30 million egyptians rose up and said we don't want a muslim brother dictator and the largest peaceful rally in history of any kind of rally, 30 out of 90

million people he says no put the muslim brother back in. this is a guy that was on his way to being a complete dictator. he's supported the wrong sides. he wanted us -- >> heather: is it healthy conversation to have? to be able to have these disagreements about what kind of military operations are working and what kind of military operations may not be working? >> not right after they happen. >> heather: too soon? >> might as well have had him at the funeral standing up in front of the family saying this was worthless, you guys did a terrible job. this is not the time. i have disagreements with people. but right around the time they're killed, you don't go out and just, especially somebody who gave their lives for their country. >> heather: chuck shumer has been coming out in defense of john mccain. is he trying to exploit fisher, that means republicans?

>> i think the biggest mistake trump made was when he came out and endorsed mccain, but that's all behind us now. >> heather: great to see you. >> always great to see you. thank you. >> heather: another big story. part of the northeast is under a thick blanket of snow. you don't see that too often in texas, do you? my kids are home, right now, probably up to no good. also canceling flights across the region. stay put here. ahh, sir?

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>> heather: well the president's embattled so-called travel ban appears set for an extended run in the courts and the current fight in the u.s. court of appeals could set the tone for a very long time. listen. >> my gut tells me it's a 2-1 split in favor of upholding the restraining order on the ban. two are writing a majority opinion. they want to write long strong

opinions because whatever they write will be subjected to great scrutiny. the supreme court rarely rarely rarely gets involved in a case at this early stage. so this opinion, for better or worse, which ever way it goes, might be the last word on the preliminary stage. >> heather: well, just as we all wait for the courts to uphold or do away with this. let's talk to francisco hernandez and troy slatten a criminal defense attorney and former prosecutor. troy, give me your prediction on what you think the outcome will be right now. >> it's hard to predict what judges will do. if the 9th circuit is, if it passes pro-log, i can assure you that they will keep in place what judge robart has decided and keep that ban in place for now. >> heather: francisco? >> they're going to decide on the easiest decision they can. they could easily say it is

unconstitutional. it is. but quite frankly it's a 120 day order. all they have to do is hang on for 120 days and it's moot. that would be the better way to go at it. >> heather: they were saying the supreme court rarely will take off something this new, if you will. is that something you agree with? do you think this will not go further than it has right now? >> i do agree. justice kennedy, who's in charge of the 9th circuit, could decide to lift the temporary restraining order that judge robart put in place. or the entire supreme court could weigh in if who ever loses in the 9th circuit decides to elevate it to the supreme court. but i think that, you know, in legal circles, the 9th circuit is sometimes called the 9th circus and that's for a good reason. they are the most overturned of all the circuits. i disagree with my colleague. this order is constitutional. and i think eventually president trump will be vindicated.

>> heather: so when did it become under the state's per view to deal with national security issues? you're saying the states have a rightful place in deciding that? >> no. you're absolutely right. it's congress' job to act on national and immigration issues. it's not the states' job. i agree. except you got to remember, it's a 120-day order. it is designed to a particular national origin or ethnicity or religion. it is, by virtue of the namist, unconstitutional. but the problem is, for the other side, it is a 120-day order. it is clearly unconstitutional. >> heather: troy, you disagree? you're saying the president has the right to look out for the security of americans. people may not like it. not everybody might like it but that is his responsibility, to keep us safe. >> and it is, as long as --

>> the president was given nearly plenty authority by congress in the 1950s to deny one class or even all aliens from entering into the united states if he feels that's in the national security interest of the country. >> what's good for the goose is good for the gander. >> heather: it's taking a look at it and revisiting it in the future. we will have to leave it there. francisco and troy, thank you. we'll be back in just a second. part of the country getting pummelled by a big storm. let's take a look at plymouth, massachusetts. we'll take you there to look at the storms coming up next. my insurance rates are probably gonna double. but dad, you've got... ...allstate. with accident forgiveness they guarantee your rates won't go up just because of an accident. smart kid. indeed. it's good to be in, good hands. ♪

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>> heather: the northeast affecting the storms there millions and millions of people. that storm already creating and wreaking havoc for the morning

commute. it's not over yet. an afternoon commute as well and perhaps tomorrow. some areas dealing with blizzard conditions and bracing for more than a foot of snow. massachusetts is getting the blunt of the storm. molly line is in the thick of it. she joins us from plymouth, massachusetts. oh, molly. that looks pretty nasty. >> reporter: oh, can you give me points for sympathy, heather? i appreciate it. winds are whipping. this is the beginning of the storm. winds are what make this so impactful. we have thousands without power. take a look at this. what you can see of the main street. still a few folks out there, although the governor and town officials have been asking people to stay off the roads. stay out of the way of plows, like this one, to give room for the people in the snow doing their job, the chance to do it. we're on the south coast, plymouth, cape cod and the islands all expected to get the brunt of this storm. 12 to 18 inches by the time it's

done. this is the beginning of the height of the storm. we could see 2 to 3 inches accumulating each hour. schools have been cancelled from boston to maine, down through cape cod. boston's mayor has already decided to cancel school for tomorrow. there will be snow building up. want to ensure the kids stay safe. one of the other things we're watching are power outages. they're fighting to keep those down. we've seen some of the utility folks out here trying to keep the lights on in places across the state. thousands of people without power. they've been working to get things back up running. this storm also expected to last well into the evening, and then to taper off. that's one of the good things about the storm. if it tapers off early, there will be time for cleanup. but in the mean time, it will be one that dumps and dumps hard and heavy for the rest of the evening. heather? >> heather: molly, tell us about the temperatures, because they're supposed to drop as well. >> reporter: yeah, that's one of

the most dangerous aspects of this. as the evening goes on, things are expected to dip into the teens and single digits. that's why officials have asked people to check on their neighbors, check on the elderly, to make sure you're safe while shoveling. >> heather: molly line, would you please go get warm. feeling guilty inside the studio. take care. keep safe out there. all right. a happy way and a unique way for couples to celebrate their love of pizza. the cheesey new service that domino's is rolling out just in time for valentine's day. we'll tell you about that when we come back. double a's here, batteries you can trust against the ear hair you can't. without them you're conducting business with an armpit on the side of your head. that's not just some battery. that's a duracell battery. that's a power you can trust. all finished.umm... you wouldn't want your painter to quit part way. i think you missed a spot. so when it comes to pain relievers, why put up with just part of a day?

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some tribes and activists been protesting saying the pipeline could harm ground water. dominoes pizza is announcing a wedding registry. customers can sign up for e-cards. a dominoes spokes woman said we wanted to make it easier for people to ask for something and receive something that they'll use. good idea. you know the crash test dummies? they're going through a new transformation to better reflect the american populations. manufacturers creating heavier dummies after a study found that 78% of obese people died in car crashes because of lap belts. researchers say as the structure of the chest changes, your risk

of chest injury goes up 15 times. fascinating. they have to think about that stuff. the changing sides of the american public. everybody thanks for joining us today. a busy day. i'm heather. see you back tomorrow. here's shep. >> shepard: it's noon on the west coast. 3:00 at the white house where president trump is attacking senators from both parties. accusing the democrats richard blumenthal of misrepresenting comments from the supreme court nominee and criticizing john mccain. ahead, the latest trump attacks and the response from both sides. we're waiting for an appeals court to make a major ruling on the president's travel ban. one top democratic lawmaker is already calling for congressional hearings on the president's actions. and trump advisor kellyanne conway going on tv and telling people go out and buy ivanka trump's merchandise. did she go too far?