"fox & friends first". heather: i'm heather childers, we begin with fox news alert. see you in court, president trump sending a stern warning to the judicial system as the immigration order is blocked again. >> garrett is live for us in washington with reaction on both sides of the aisle, good morning. >> that reaction came in throughout the night after the ninth circuit court of appeals unanimously refused to refuse to president's executive order and starting with president trump who tweeted shortly after the ruling, see you in court. the security of our nation is at stake. later at the white house, he told reporters it was a political decision and that ultimately he will prevail. >> no. it's just a decision that came down but we will win the case.

we just saw it like you did. >> via the news and media, et cetera. >> a decision that we will begin very easily. by the way, we won the decision in boston. >> kellyanne conway reiterated that argument on the first 100 days saying this is has always been about protecting the country from another terrorist attack. >> this ruling does not affect the merits at all. it is an intern ruling and we will get our day in court and have an opportunity to argue on the marriage that we will prevail. >> washington state who initiated the lawsuit challenging the executive order is he's confident ever that the courts will continue to rule in washington's favor. >> we have seen him in court twice and we are two for two. that's number one, in my view, the future of the constitution is at stake. we respect that the president has brought authority when it comes to issues of executive

orders, but, but they still have to follow the constitution. that's the bottom line. >> lawmakers from capitol hill weighing throughout the night including republican senator tom cotton criticizing the ninth court rulings, president trump's order is plainly legal under the constitution and our immigration laws. no foreigner has a constitutional right to enter the united states in courts not second guess national securities of the president. this is obviously an issue that will continue to take up a lot of washington's attention for at least the next few weeks and potentially months as this continues to play out in court. heather and heather. heather: we will check out with you as well. president not alone. many says that this ruling was basely on politics. bill o'reilly doubling down the claim and saying it goes a step

further. >> minnesota and washington took the state because of liberal politics. they believe president trump is antimuslim. as for the appeals court it's impossible to say with certainty what motivated their decision. if you take them at their word, they simply want more legal hearings on the matter. president trump says the decision to block is purely political, that his justice department will take it to the supreme court. i say, good, good, let's see if federal law as written and which is pretty clear means anything anymore, let's see. heather: what do you think about the ruling in was it politically motivated or based on the law? send us your comments on facebook, twitter or send an e-mail at "fox & friends first" at foxnews.com. >> health and human services secretary tom price.

watch this. >> the ayes 52 and nays are 47. >> jackie ibañez is here with the new developments, good morning, jackie. >> democrats losing another fight failing to block the confirmation of representative tom price as secretary of health and human services. it was a battle to the bitter end for the man who will play a big role in helps president trump replace obamacare. >> when it comes to the health care of older americans, confirming price to be secretary of hhs is asking the fox to guard the hen house. >> bring stability to the healthcare markets obamacare has harmed. he can start giving relief to the families obamacare has hurt. >> moving on to the next fight,

calling nomination disgraceful. meanwhile president trump turning his focus to perhaps the republicans toughest fight yet confirming niel gorsuch for the supreme court. the president holding praising nominee's appeals to both sides. >> i urge you all to confirm him. he's been doing very well, a lot of people are liking him very well on the other side, perhaps of politics they are not going to vote for him. i think that's a shame. >> that's encouraging to have this type of a meeting and we are inviting to be open and sit about it. no one got into name-calling or she said, he said, it wasn't that. you would be surprise. >> the senate not expect today vote again on any nominee until next week. heather and heather. heather: move forward on that so they can get to tax cuts and infrastructure plans.

heather: president trump at work in law and order agenda. signing three executive orders to crack down on crime just moments after swearing attorney general jeff sessions. >> i'm signing three executive actions design today restore safety in america. heather: the justice department and homeland security to tackle the international criminal drug cartels, the second will help establish the department of justice task force and refusing violent crime in america and the third seeks to stop crime against law enforcement officers. heather: braking overnight, it's a plane packed with people exploding into flames just minutes before takeoff. travelers at jfk seeing the imagine in runway. the flames are pouring from the engine making the jet barely visible there. the flight grounded and sent back to the gate for inspection.

research intensifying for a missing worker after mass i have pipeline explosion, a valve failed igniting the pipe into this giant blow torch, two workers were injured. the high velocity pipeline packed packed with prapane forced people out of homes and that could take days. heather: 50 million americans bracing for a deep freeze after a winter storm. heather, we have our snow boots, don't we in -- heather: we sure do. heather: flight cancellations and delays today. heather: meteorologist adam with deep freeze. >> good morning, that was a big system we saw, good news now moving off the coast, we are looking at the chilly temperatures as we begin to get

a break in the snow up into the northeast. there's another round of snow, this one not as big but still wanting to pay attention to moving in upper midwest. even mutually this moves to the midwest and we see a little bit more snow in portions of new england, really upper new england. that's a system we will be paying attention to when you talk about the freeze. look at some of the temperatures, this is an hour by hour forecast. across the northeast, temperatures over the course to have day running into the 30's in some cases, this is a chilly one. you see the snow running in the upper north, the upper new england area so maybe portions just off the lake, boston seeing a little bit more snow before the day is over. these temperatures are going to be frigid once again today. if i can show you, it's cold in northeast, take a look at the temperatures in the middle of the country. 45-degrees in chicago, 62 in kansas city, that warm weather heading to the northeast by the weekend and all the snow will be

melting by sunday, guys. heather: by sundaying, that's good news. [laughter] heather: thanks, adam. >> you take a look at the registration, you have illegals, you have dead people, it's really a bad situation. it's really bad. >> speaking of that, there's a new audit we are learning about this morning that took place in michigan that showed 31 people voted more than once. 14 of those people voting in detroit. they could now say it's a felony charge, the audit found voters cast ballot in person and also absentee ballots. it plans to give poll workers better train to go stop that one from happening. heather: well, super bowl trophy and the rings but now six new england patriots are giving the white house a hard pass. running back defensive chris long and alan branch just the latest players to back out of a

presidential visit, blunt revealing decision on fox sports. >> i just don't feel welcome into that house. i am going to leave it at that. heather: it's unclear when the patriots will head to the white house for post super bowl meeting. >> the president's house is the people's house. heather: they have fans across the board. heather: is it the message that we should send to first grade gradeers? [inaudible] heather: city facing a fierce backlash. i have kids that age. that's an interesting one. heather: the court rules against president trump and his travel order. the big story today. is the supreme court next. a former prosecutor gives us his take on the stakes of the case.

heather: look at, this orange alligator. heather: some say he's a trump supporter? heather: because he's orange? >> i don't know. we will tell you.

. ..

heather: fox news alert. president trump firing back after the appeals court refuses to reinstate his immigration order. so what happens next? former prosecutor david bruno is here to weigh in. thank you for joining us this morning. >> good morning. heather: can you explain to us what it means exactly, any al line of the country in the order has penetrated a terrorist attack in the united states. what does that mean? >> yeah, this issue right here goes to the stay because in the ninth circuit what the united

states government argued was that this court should stay the first day and when the court thinks -- when a court considers whether or not to stay, they look at four factors. heather: meaning keep the travel ban pause in place? >> yeah, that's what the first court did, the district court said we are going to stay. heather: standstill. >> what they did is appealed the decision in the ninth circuit and the ninth circuit had to make the decision whether or not to stay the stay. heather: right. >> in the course of determination, they were determining whether there would be reprobable harm whether or not they would stay and the united states did not point any specific facts or threats, they did not provide any evidence to show there's irreprobable harm. heather: the decision of whether or not our national security is at risk now rests in the hands of these three judges.

>> yeah, sure, the constitution, article 2 says the president is the commander in chief and responsible for national security. heather: how could they do this and what happens next? it seems like they would take it to the supreme court. >> that's an option for the government and they are probably going to make that decision whether or not but what's interesting is these two courts have made decisions but neither of the two courts are final positions because they are only whether or not to stay the ban, in fact, the ninth circuit itself still has work to do. there's a briefing schedule that's going to take place in march and they are going to fully argue the appeal of the federal court decision. heather: so when they do that, what is the purpose of that because i know this particular decision itself was just based on the logistics as you were saying but then there's a bigger issue the entire issue as to whether or not the president has this right or the courts have this right? in the briefing that you're

talking about, what happens? >> they're going to argue the similar points that was just -- the ninth circuit just came out with a decision yesterday. heather: right. >> that was whether or not they were going to stay -- heather: keep it. >> but they are still arguments that still have to be made to the ninth again? >> they talk about due process, one of the big criticisms of the executive order is it did not provide notice and opportunity to litigate for the people that are affected. that's a due process argument. heather: the entire thing could be reversed in march? >> it could. it could be reversed by the ninth circuit at the end of the month but probably unlikely because this three-judge panel already issued an opinion and unlikely to reverse themselves. heather: appreciate it. >> pleasure. heather: heather. heather: training students to

protest president trump. ideas for activism in the time of trump. the event claims to promote ways to bring what they call social justice, the trump administration is, quote, bringing down his agenda. well, it is a group known for rioting and rallying against police, you remember this. [shouting] heather: now there's a new york public school district that will celebrate black lives matter day. this is in rochester in up state new york. teachers encouraging to engage students with facts, issues facing african americans in their communities. the district says that this is not tie today any protests or the black lives matter movement across the country but a resource page includes links of the national movement and as we

understand children as young as first will be taught about this. what do you think about that one in heather: we will get opinions on that one, i'm sure. stocks hitting a record high after president trump promises big-league tax caughts, cheryl from our sister network fox business to explain, good morning. cheryl: good morning, guys, another major milestone. fresh records after president trump had a phone onlial -- phenomenal tax reform coming in a number of weeks. >> it's big league and we will be announcing something i will say over the next two or three weeks that will be phenomenal in terms of tax. cheryl: the dow closing at 21172 and hitting pause button after campaign rally that is the

president will lower taxes. well, fox news has learned a classified report from the state department found the refugee data computer system was vulnerable to hackers, the weakness back to 2011 and fightings were alarming when reports were shared with government officials and alert was sent out in december. well, mcdonalds is testing a new snow crab sandwich in san francisco. if it works the crab sandwich could go national and then here in new york, the chain has opened a french inspired mcdonalds, they are serving croissants and burgers and fries. and finally, if you suffered a recent break-up, hooters is going to give you free food. the chain is offering the broken

hearted 10 free boneless chicken wings on february 14th, valentine's day, the catch you have to show photo of your exand they shred it. there's an online program that produces a coupon for you. another option for valentine's day. guys, back to you. >> time now 21 minutes after the hour. war on cops. hillaryhad won would document former six ladies, first few days in office. ♪ ♪ ♪ ♪ one pill prevents the acid that causes heartburn, all day, all night. prevacid®24hr. bp gives its offshore teams 24/7 support from onshore experts, so we have extra sets of eyes on our wells every day.

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because safety is never being satisfied. did you know slow internet can actually hold your business back? say goodbye to slow downloads, slow backups, slow everything. comcast business offers blazing fast and reliable internet that's over 6 times faster than slow internet from the phone company. say hello to internet speeds up to 250 mbps. and add phone and tv for only $34.90 more a month. call today. comcast business. built for business. heather: welcome back to fox news alert. street gangs threatening to kill

our police officers, the war on cops front and center in virginia after officers sit in patrol cars are ambushed by gunfire three times within the last few months. >> they are being targeted specifically because they chose to have a life of service to others, we have families, we have people that we love and we have people we are going to go home to. heather: boy, some gang members are wearing t-shirts with the discussing #dpdk, that stands for death to police officer killers. heather: banning alcohol at fraternity and sorority plunges to his death and fell downstairs and frat brothers didn't call for 12 hours. the no alcohol rule will remain

in place after fraternity leaders agree to change policy. heather: law banning dancing has a town feeling like they are stuck, remember the old movie? heather: yes. heather: not anymore. this is our time dance. ♪ ♪ ♪ heather: okay, we are not talking about a movie plot this year. this is very real. force today cancel valentine's day dance because the city's strict rules, they don't allow dancing or rock music within 5 feet of a church. so the city council will now reconsider the ordinance later this morning. what do you think about that? nice little dancing in church? heather: i love that movie. the time now 26 minutes after the hour. [laughter] heather: out rage over blocking president trump's ruling.

>> you're going to tell me that a citizen of another country who we don't even know whose country won't tell us who that person is has primacy over the united states citizen. heather: high school students protecting the president but do they even know why, watch this. >> so don't you want to check if someone is cool before you let them in? >> of course, we want to check. >> that's why we want extreme vetting. >> so you do agree with the trump ban eir competitors' rates alongside their direct rate to save you money. but what's really going on? when played backwards at 1/8th speed you can clearly hear... what could that mean? woman: tom? tom! they're just commercials. or are they? you're waking the neighbors. well, mom, maybe the neighbors need to be woke. i think it's actually "awoken." no, that doesn't even seem right. no, it's "awoken." revealing the truth to help you save.

♪

♪ ♪ heather: good morning to you,

you are watching "fox & friends first". much of the country in a deep freeze as they wake up this morning. i'm heather childers. heather: and i'm heather. we start with fox news alert. blocked once again an appeal's court refuse to go reinstate president trump's immigration order and now he has a message for the judges, i will see you in court. heather: garrett live for us in washington, d.c., has reactions on both sides of the aisle and garrett we were just talking about this, this is not the end of it. >> oh, absolutely not. a long way to go from here, weeks even months, potentially over a year that this could be playing out. if there's any question where things go from here, president trump cleared that up to ninth circuit court of appealses unanimously refuse to go reinstate executive order. on twitter he tweeted, see you in court. security of our nation is at stake. in later at the white house, he told reporters that ultimately

it's the case he believes his administration will win easily. >> it's a political decision and we will see them in court. >> you believe the judges -- >> we have a situation where the security of our count rip is at stake and it's a very serious situation so we look forward as i just said to seeing them in court. >> bob ferguson who brought the lawsuit challenging the president's order and last night he said, he expect that winning streak to continue. >> we are a nation of laws and as i have said, as we have said from day one, that those laws apply to everybody in our country and that includes the president of the united states. >> in an interview with breitbart on facebook live the white house press secretary sean spicer repeated the administration's argument that

this executive order clearly falls within the powers of the president. >> the president has the authority to make sure that people coming into this country are doing so with proper intentions. we look forward on merits of the case and we feel confident that we are going to prevail. >> what's clear is that the white house does plan to continue the fight in court. what we are waiting to find out is how they plan to do that. they can appeal the decision to ninth court of appeals and ultimately to supreme court or they could go back to district court in washington where the ruling came from to fight it out there first before appealing. heather and heather. heather: garrett live for us. heather: thanks, garrett. sounding off on the ninth circuit court of appeals decision ripping the judges for even asking the president to explain himself. here she is. >> you're going to tell me that as citizen of another country who we don't even know whose

country won't tell us who that person is has primacy over the united states citizen and that the president of the united states has to tell a federal judge why under article -- section 8 of article 2, article 1 of the constitution of the united states that your last guest couldn't cite has the primacy and gives the president the tower, that's hogwash. the supreme court will give trump the win on this. heather: don't miss judge pirro on "fox & friends" this morning. heat another marathon fight attending vote on human services reactrary tom price. >> the nomination is confirmed. heather: the fight is far from over. both fights gearing up for perhaps their biggest battle. jackie ibañez is live with new developments.

jackie: good morning, despite democrats best efforts representative tom price confirmed three hours ago as secretary of health and human services. >> when i-- when it comes to securing, it's like asking the fox to guard the hen house. jackie: democrats focusing on their next target vow to go block andrew. senate minority shuck schumer demanding he withdraw the nomination. the president holding a bipartisan meeting accusing

democrats of playing politics. >> they think he's outstanding and then they go onto tell me that perhaps they won't be able to do that, but that's one of the reasons that our country is in stagnation in so many different forms. >> that's encouraging. i am so encouraged to have this type of a meeting and we are all invited to sit down and be open about it. no one got into name-calling or he said, she said, it wasn't that. you would be surprised. jackie: now the senate not expected to vote till next week, so a little bit of break there. heather: we have fox news alert right now. just coming to news room. a terror plot foils at the last minute by police in southern france, four people including a 16-year-old girl now under arrest. three men including a teenager's boyfriend also taken into custody, this at a home, that's where they found make-shift bombs that we are told were

nearly identical to those used by isis in deadly attacks in paris and also in brussels. the group reportedly plan today bomb unspecified busy tourist area in paris. the information coming to news room. we will bring you more details as soon as we get them. heather. heather: we will follow that. that plot as paris plans to build a wall 8 feet high around the eiffel tower. it would be made out of bullet proof glass hope to go prevent attacks at spot. 6million visitors head to the eiffel tower, no word yet on when the wall will go up. heather: 10-inches of know falling on new york city and also boston, causing a lot of collisions. heather: the deicing truck bursting into flames. the chaos has more than 3500 flights were canceled nationwide. meteorologist adam clark is in the weather center now for us

and he's tracking what is next, good morning. >> hey, good morning. by tend of this forecast we could be talking about some of the snow melting but we are still clearing across portions of new england. there's another round of snow moving across the upper midwest and eventually towards the boston area, upper wisconsin running into areas of michigan down towards getting into the north western ohio. all areas where you're seeing snow currently that line of snow is going to continue to track its way eventually to the north ayes, so here is what we are looking at, temperatures and snowfall potential as we run through the course of the day, there's -- this is a future forecast. upper new york, up state new york, maybe a little bit of snow in new york city but maybe running towards the botson area. we may see more snow before today is over but as we track further and further into the weekend, eventually we will see warmer air in this direction. take a look at some of the temperatures, some of the temps piling up to 60, 62, 72-degrees,

high in denver, a lot of warm air in the middle of the country and as i shift you through the next couple of days, friday's high, run you into saturday and sunday and you see the warm air begin to go move farther off to the east. 70-degrees in at will nota, 70-degrees in alia, 40-degrees again in new york for sunday which means all this means we are warming up and we are going to see the snow melting before the weekend is over, guys. heather: hopefully that doesn't melt and refreeze. >> yeah, exactly. heather: 39 minutes after the hour. the whole thing is caught on camera. get it, can you get out? do it now, the car is on fire, man. >> the special honor for hero officers who saved the suspect's life. heather: hillary clinton trolling president trump on twitter over travel ban being blocked. kellyanne just fired back and

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rolling regulations and privatizing air traffic control system which he says is obsolete. heather: kellyanne conway say it is president has her back for supporting ivanka trump's clothing line. >> he supports me 100%. all i can say to american woman, at one point in your life you ought to have a boss like the president of the united states treated me today. heather: that's so nice to say. after the president slammed nordstrom for dropping his daughter's line. that's still not good enough for the house oversight committee and a bipartisan move the chairman jason chaffetz and democrat counterpart elijah cummings now calling ethics investigation into that. heather: well, hundreds of new york city students walked out of

class to protest president trump's immigration order. heather: do the kids know what they are protesting? jesse waters went to find out and watch what happened. >> are you cutting class to go to this protest? >> yes. >> which class? >> i would have missed any class but it happened to be lunch. >> i will go throw the fryers. >> i'm cutting calculus class. >> what exactly are you ladies here to protest? >> i would say i'm here to protest the ban on immigrants and refugees. >> the travel ban. that's un-american. >> which nations are on temporary travel ban list? >> well, as of right now i'm not completely sure about the actual countries. >> libya, iraq, afghanistan. lebanon, many like -- like --

>> this isn't turning out the way i wanted to. >> that's bad and i'm on tv. >> what a great show. >> the countries that he blocked they're not terrorist country. >> iran is not a terrorist country? they are the number one terrorist sponsored country in the world? do you believe in borders? >> you're not coming here to mess things up. >> don't you want to check if someone is cool before they come? >> of course, that's why we we have -- >> we want extreme vetting. >> you do agree with the trump vet? heather: i want to know what the response was. heather: she's speechless. heather: that was so good. heather: someone who is never speechless is brine kilmeade and

he's telling us what is coming up today. heather: bria, this is a great school picture, how sweet. >> my eighth grade graduation. i'm not allow today sit on the couch, it's bad luck. i am going to be joined by two other people, their names are on the prompter and i just can't pronounce them. we are going the take a look at the aftermath after the ninth district decision yesterday and joined by andrew napolitano to inwind it for us, geraldo rivera will be joining us and should we all be looking at a tack cut, the chairman of ways and means kevin is here. i hope i'm dressed okay. let's put in the animation and go to commercial right now 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.

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heather: welcome back, social media exploding overnight. heather: carley shimkus here with the story, everyone is talking about. carley: this decision setting social media on fire as both opponents and supporters took to twitter for their voices to be heard. while some democrats have been vocal on opposition to president trump's immigration order, last night's rule asking being met with strong disapproval from many others. stacy stays, the ninth circuit is a sham, literally, they only do the bitting of the liberal. the tweet coming from hillary clinton and kellyanne conway. clinton celebrating with a tweet referencing the 3 to 0 vote but conway getting the last laugh on

this one. pennsylvania, wisconsin, michigan, the three swing states that clinton shockingly lost. i call that a zinger, wouldn't you? heather: tit for tat. heather: lauren takes on elizabeth warren. carley: taking on elizabeth warren following senator jeff session' confirmation, defeated warren fired out on tweet, you better believe every senator who vote today put jeff sessions radical hatred into the justice department will hear from all of us too. well, now, ingraham responded with career advising, senator warren please run in 2020. another zinger. oh, my gosh. we are feeling fiery on the friday. heather: well, this discuss -- did not happen but where would

the country be. carley: a parity account, on day 20 she still respects checks and balances and on days 1, clinton had brunch, signed executive order that outlaws and passed bill with reorganizing with pantsuit closet and then there's the twitter poll. titled, what should i task bill with next, the options, pick up dry-cleaning, make me a panini, find my lost ray-bans. nothing in there about taking walks in the woods. heather: bill clinton will be doing that.

heather: i love bill clinton reorganize her pantsuit collection. [laughter] heather: she would have her whole cabinet by now, maybe. heather: yes, cabinet officials certainly. time now 54 minutes after the hour. talk about puppy love. the loyal canine who can't resist snuggling up to owner. these are great. heather: have you ever seen an orange al gaiter? yeah, now you have, the reptile turning heads and while some say he's definitely a trump supporter

test test test test test test

test test test test test test test test test test test test test test test test test test test test test test test test test test test

heather: we have just enough time left for the good, the bad, and the ugly. first we always start with the good. talk about puppy love. canine cannot resist showing his love for his partner. indiana probation officer portrait shoat. the indiana state parks posting heart warming photo to facebook page. heather: can we stay on this one for a while the bad and the ugly? we have the bad anyway.

rescue turns into arrest after high speed chase and a crash. watch this. >> get your heads up. do it now. get out of the car. it's on fire. >> yes, sir. >> you better get out. >> i'm getting out. >> are you stung? >> yes, sir. >> pull. it's hot. >> all right. dude, get your hands behind your back. you're under arrest. >> while the three state troopers now involved now being honored for their bravery. it was one trooper's first day on the job. imagine that finally, the ugly, your tv actually isn't broken. no, this alligator is really orange. the rare reptile turning heads near charleston, north carolina. making some people think of our commander-in-chief. why? well, jennifer tweeting so the gators here in the low country showing support for our president meet trumpigator. heather: cute. president trump vowing to fight the court's order for denying his travel pause.

do you think he will win if it goes to the supreme court? weigh in right now on our facebook page #keep talking. having trouble talking here. heather: we certainly hope that you have a great weekend and you are safe if you are around some ice. "fox & friends" right now. heather: bye-bye. ♪ ♪ >> the ayes are 52, nays 47. the nomination is confirmed. >> senate has just confirmed president trump's pick for health and human services secretary georgia congressman tom price. >> this is a fox news alert. federal appeals court has ruled against president donald trump. he is not happy about it? >> president trump has tweet his reaction. see you in court. the security of our nation is at stake, exclamation point. >> i look forward to doing it? >> he said we will see new court. our safety's nation is at risk. that's what's it's been about since the beginning.