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.

>> the dow, the s&p 500, and nasdaq a lot inspired what was going on in the white house. >> american businesses big league. >> shepard: winter storms stretching from the mid-atlantic through the thick of it. >> molly, i hope can you keep warm out there. that looks pretty nasty. ♪ i won't back down ♪ i won't back down ♪ hey, baby ♪ there ain't no easy way out ♪ hey, i will stand my ground. ainsley: looks like they are making coffee in the white house. the light is on in the kitchen. steve: they are playing the theme song. actually, donald trump is not backing down. it was a fox news alert yesterday. the ninth circuit refused to reinstate the travel ban. keep in mind, they weren't dealing with whether or not

president trump's travel ban is constitutional simply whether or not that lower court temporary restraining order should stay. apparently it is. so the drudge headline right now appeals court keeps doors open. refugees flood in and president assad says some are terrorists. ainsley: all right. so the ban remains on hold. donald trump, of course, went to his computer or iphone and he tweeted out immediately in all caps, which is basically screaming out. steve: that's right. ainsley: see you in court. the security of our nation is at stake. brian: i think he should leave it at that will he? maybe. steve: donald trump? brian: leave it at that. steve: didn't you hear that song "can't back down"? brian: i don't think that was president trump singing. it was tom petty. abs apes you don't think he should take it to court? brian: let the legal process play out. he has so much on his plate. keep in mind, this was an operation in those pause in

those seven terror laden states without a government to set up a vetting procedure. i know it sounds harsh, but, really, it's on the courts now. if something happens if these refugees you can't blame the president. he tried to do what he said he was going to do. he did everything he could being he didn't really have an attorney general to lead the charge. and then the courts, whether it was clumsy or not, the courts said no, i'm not going to do it. whether it was a liberal court or not. it doesn't matter. bottom line is, senator blumenthal a day after going back and forth with donald trump says there is growing support in congress for better vetting. he has been to most of those nations. when it comes to the visa program that involves passports. they talk about the problem forgeries. they said we have got to get biometrics set up there i did everything i could for the american people to keep it say. everything. so, in these 90 days. walk out with something because there is a growing sentiment, a reality in those

seven nations, at least, maybe more, we have no idea who is coming here. so let's focus on that for 90 days. there is some other battles to fight. tax cuts, obamacare, the russian sanctions. easy on this, move on. ainsley: he has no other choice, brian. you're absolutely right. even if he didn't agree with you. he had no choice. it's held up in the courts. brian: let your legal team do it. don't tweet about it. ainsley: if it does go to the supreme court he could have had a vetting process in place and work on that right now. brian: exactly my point. steve: see, it's interesting. you look at politico which certainly leans to the left. pullout. majority of americans supports the president's travel ban. he knows the country is on its side, a majority of them. think about the optics. it looks like to the american people looking in, it looks like donald trump is opposed by the democrat congress. he is opposed by the mainstream media now he is opposed by the courts in some

cases this you have got two out of the three appointed by democratic presidents. last night the president was in a place where there was a pool of reporters monitoring some of the activities. he said this action all political. listen. >> it's a political decision that we're going to see them in court and i look forward to doing it. >> do you believe the judges -- >> we have a situation where the security of our country is at stake so it's a very, very situation. i look forward to as i just said seeing them in court. >> thanks, guys. >> of your presidency, this is such a core issue. >> no. this is a decision that came down but we're going to win the case. >> and have you conferred with your new attorney general. >> no, we haven't. we just heard the decision. >> how did you find out about the president decision, mr. president. >> we just saw it like you did. >> via the news, the media? >> it's a decision that will win, in my opinion, very easily. >> and are you -- by the way,

we won that decision in boston. brian: right, he did. steve: it's a decision they are going to win. is he clearly is going forward with the legal process. he could come out with a new executive order more focused and tailored to the needs of the country. let's hope, brian, how it's a 90 day pause behind the scenes they're working behind the process make sure extreme vetting is happening. brian: let jeff sessions do it. >> steve: he wasn't there when it started. brian: bill bennett was very practical. what is the next step. the supreme court is 4-4, that will go back to the ninth and maybe right now keep your powder dry. >> it will go 4-4 is what i predict and right back where it is today. they can go to district court and make the case. but i think ultimately, i mean, this is unpleasant fact here and this is unpleasant thing. but ultimately i think donald trump will be vindicated and god help us. and god help the members of those courts -- of that court

if we see some terrorist acts as the we have seen from people in those countries. the president is clearly within his authority. is he trying to protect us. ainsley: goes to the supreme court and it is 4-4. goes back to the ninth circuit. there are other judges on the ninth circuit that could rule on this. not just those three. this is a very liberal court. the ninth circuit. it's called the nutty nine or the ninth circus. i was surprised that the guy who was appointed. the judge appointed by president bush that he voted against donald trump. steve: there you go. keep in mind the ninth circuit is overturned 80% of the time. ainsley: the most overturned court. steve: exactly. here's the thing. we told you yesterday that the arguments over the phone on the telephone conference, they sounded skeptical, as it turns out, it's exactly the result that many people thought. meanwhile, after this came out, and it was unanimous. it was 3-0. hillary clinton, who lost the electric, tried to troll trump. but as it turned out it back

fired on her. brian: she tweeted this out 3-0. get it? all three judges against him. very unhillary clinton like. i don't know what's going on over there. steve: chelsea, put down my phone. ainsley: she tweeted back. these three states that hillary clinton lost. blue states and they went red for donald trump. brian: pennsylvania, wisconsin, and michigan. steve: check mate. brian: hot and heavy. something to keep in mind. put a smile on your face. i think for people that just want us to get along. four democrats who went to see donald trump yesterday about getting together on some policy he is. and they all had nice things to say after. that's probably the way to go. tap into people you can work with because you are going to need legislation done beyond the executive orders. steve: plus this is a preview of coming attractions. when judge guch confirmed and

loalooks like he probably will be. ainsley: he had a monologue of everything that the president has done over the last two or three weeks since he has done in office. it's a long list. steve: if you think about it, aside from this, the president has had a really good week. he is getting all of his names confirmed for his cabinet. he is adding jobs. he is left and right. these executive orders are coming out. yesterday when jeff sessions signed on the line to be attorney general. he had some crime stuff. he's having a good week. other than. this. brian: steve munich is on deck. linda mcmahon has gotten a virtual green light from everybody. is he getting his team in place. ainsley: everyone is like please get these people in place so we can move on. right? steve: so much has already happened. he has only been president three weeks. brian: we have slept nine minutes because it's been nonstop action. heather: things were supposed to be quiet after the election. it has not stopped and he is

keeping us on our toes for sure. happy friday as ainsley would say no more alarm clocks. fight on capitol hill finally ending with early morning vote to confirm health and human services secretary tom price. >> the ayes are 52. the nays are 47. the nomination is confirmed. heather: why is this one so significant? obamacare. price will be key in helping president trump repeal and replace that massive evacuations underway at this hour after look at this. a pipeline explodes in louisiana. take a look at the video. a high velocity pipeline packed with propane and other dangerous gases. police in saint charles, parish, louisiana, believe that a valve failed. 60 families forced out of their homes at least until this stops burning. we're told that could take days. two workers were hurt. a third is missing and they are looking for that worker. at this hour we will keep you

posted as we pray for his or her safety. new video coming in overnight a protests blocking entrance to the 101 freeway in los angeles in response to increased immigration rates in california. this after what is like in california. first depoor tafings illegal immigrant under president trump's new immigration policies. her name guadeloupe, she has been in the united states illegally 22 years. convicted for faking a social security card back in 2008. illegal status routinely overlooked by president obama. agents just deporting her. sparking protests. we telling you about this one just yesterday that's when folks blocked this car that was delivering her somewhere. her daughter is protected under the dream act. they call the move unfair. more on that as we get it and they will take the super bowl trophy and rings. but now six new england patriots are giving the white house the stiff arm. running back l.a. garrett blunt.

defensive end chris long and defensive tackle allen branch. the latest players to back out of a presidential visit. well, they join march tell also a bennett, don high tower and defensive courtney refusing to go to the white house. the white house is going to honor them. such a shame they are choosing to do that the people's house. everyone is invited. they apparently don't like president trump. brian: there is always two or three guys or women that don't go. my feeling is it will be in double figures soon because there will be pressure on others to do the same thing. >> steve: too bad. heather: it's a shame we should all be able to go there regardless of who is in office and celebrate that. ainsley: got the weekend like whatever. if you don't want to go to the white house. don't go. whatever. i have other things to worry about. is that howie long's son chris long? brian: it is chris long. steve: pretty crazy. i'm sure there are a bunch of

atlanta falcons who would like to go. ainsley: maybe next year. steve: coming up. the trump administration putting senate democrats on blast for historically low pace. our next guest has the proof to back up the white house. ainsley: an historic, i didn't know that until recently. if you think this is bad, wait until you see what happens next to this unlucky cheerleader. steve: that hurts ♪ ♪ you got me begging you for mercy. ♪ why won't you release me ♪ i can't believe ♪ blenk there when no one else is. campbell's. made for real, real life.

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watch out, piggies! (child giggles) symbicort. breathe better starting within 5 minutes. get symbicort free for up to one year. visit saveonsymbicort.com today to learn more. steve: we are back with a fox news alert. overnight georgia senator tom price confirmed as the next health and human services secretary. this as the trump administration continues to blast senate democrats for their obstruction in confirming the president's cabinet picks. >> the fact that we had to get to the point where the vice president had to be pulled in to overcome the democrats' historic and partisan logjam with the president's qualified nominee is another glarg reminder of the you unprecedented obstruction the senate democrats have engaged in throughout this process. steve: and you know what? he is not wrong. by the time president george

w. bush and president barack obama had their first day in the oval office, seven of their cabinet picks had been confirmed. compare that to president trump's first day in office only two of his people had been confirmed. 22 days into his presidency mr. trump do still does not have a full cabinet. we just got the attorney general yesterday. as democrats continue to drag their feet. what's going on. lisa booth president of high noon strategies and also contributor for "the washington examiner." lisa, good morning to you. >> good morning, steve. steve: what are the democrats doing? because it looks like they are just saying no, no, no. even though everybody is getting yes, yes yes. >> george w. bush had his entire cabinet approved by this point in 2001. president obama was almost there as well. so we really are seeing historic obstructionism by the democratic party. look, steve, it's not surprising, given the fact that the democratic party since the day that president

trump won they have been trying to delegitimize him. called for electors to. calls for electoral college. they have so blinded by their hatred in president trump. i really think that's what we are seeing right now in their attempts to derail his nomination in the confirmation process. steve: apparently choorm minority leader in the senate is freaked out. he has no play. the republicans run the senate. they run the house. they run the white house as well. so what is does he have -- the quiver in his -- the arrow in his quiver? it's to say no. that's it. is he terrified he is going to be the shortest tenured minority leader in history in the u.s. senate. elizabeth warren is going to come in and take things over. >> what's interesting too, steve. the reason why the democratic party has no cards to play is because they're the ones that invoked the nuclear option. steve: that's right. >> in 2013. they would be able to filibuster and have a say with some of these nominees if they

hadn't done that it's really their own fault in the fact that republicans. steve: blame harry reid. >> i will tell you that it is damaging and dangerous for the democratic party to play this game. there are 10 senate democrats that are extremely vulnerable in states that president trump won. five state that president trump won by double digits. steve: we have a map of that. >> yep. 42 points in a state like west virginia. so those democrats need to be very careful about the votes that they are taking here in the next couple -- in the next few months. steve: you're right about that. otherwise it could be elizabeth warren running the senate. again, the republicans would love to have a harvard professor from massachusetts running the senate, wouldn't they? >> yes. she is pretty darn liberal and pretty progressive and, you know, what's interesting here, is mayor rahm emanuel has recently called for the democratic party to moderate. i think is he absolutely right. if they go in the direction of elizabeth warren, that's not happening. steve: lisa, thank you very much for joining us on this friday have. great weekend. so many liberals up in arms

over president trump's wall. wait until you hear what another world leader is up to. can you say building his own wall? does the ninth circuit care more about politics than the constitution? we will talk to texas congressmalouiegohmert. hello, lie louie. experience amazing. your body was made for better things than rheumatoid arthritis. before you and your rheumatologist move to another treatment, ask if xeljanz is right for you. xeljanz is a small pill for adults with moderate to severe ra for whom methotrexate did not work well. xeljanz can reduce joint pain and swelling in as little as two weeks, and help stop further joint damage. xeljanz can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections, lymphoma and other cancers have happened. don't start xeljanz if you have an infection.

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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. ainsley: a fox news alert this morning. a terror plot stopped by paris police. four people under arrest including 16-year-old girl. makeshift bombs found in their home in southern france. the explosives are identical to those used in terror attacks in paris and in brussels. and that terror plot comes as paris plans to build a wall 8 feet high around the eiffel tower. the wall would be made out of bullet-proof glass. and, anti-american rallies

erupting across iran today. the number one state sponsor of terror celebrating the 38th anniversary of its islamic revolution. iran's leader taunting president trump after he officially put iran on notice. brian? brian: fox news alert now. the ninth appeals court upholds a ruling to halt president trump's travel ban. so what's the next step for the trump administration in fighting this? the best next step? joining us right now is texas congressman louie gohmert the congressman also an attorney. >> judge and chief justice i have written appellate opinion. brian: 3-0 not a surprise from the ninth circuit. where do you go from here. >> i think jay sekulow this morning was exactly right. the white house should immediately reissue the executive order but include in there what the white house had already explained that it didn't apply to people that already had their green cards. that addresses the issue that

the ninth circuit raised. even for people that don't care about the constitution like the justices on the ninth circuit, that ought to take care of it and then, you know somebody who is going to challenge it, it ought to be somebody that cares about the constitution. perhaps in the fifth circuit. but i tell you, brian, i have a bill that would divide the ninth circuit. after this kind of decision, where they didn't even mention the law that gave the president the power. don't even mention that. the ninth circuit has got to go. i think we just scrap it and create two new circuits. brian: quoting rudy giuliani. >> outrage just. say they may show a preference to christianity. he said these seven countries that th obama administration sad

were a real problem. go ahead and issue the executive order and that ends what the ninth circuit set up. totally different. brian: go back to the ninth state no change. write a new executive order. >> absolutely. brian: schumer going after trump. they said listen we agree that vetting has got to get better. blumenthal go get back to biometrics. this is just a pause. >> exactly. brian: should they get some clear minded democrats and sit down and talk about better extreme vetting instead of even worry about this? >> after hearing chuck schumer this morning and sometimes i have respect for the things he has done and said. but i'm telling you, what brian, this crud this morning is just outrageous. i don't believe you're going to find four that will do that. i think it's time to move forward. the president's trying to protect the american public. and he had information that he relied on to help america.

so, in fact, schumer, i have got to say. he said that this confirmation 2:00 or so in the morning of tom price, was start in the war on seniors. war on seniors. the democrats declared war on seniors with obamacare without a single republican vote. they cut $716 billion from senior's medicare. so people like my relatives, folks cannot get the quick surgery they need. it is really declared war on senior when they passed obamacare and that is a lie to say anything else. brian: right. that was a whole another topic we weren't going to discuss. >> he said that at the same time. brian: congressman price is now in. >> he is in. brian: now health and human services secretary he will get sworn in today. >> we have got it let the president act to save the country. he is doing. so we just just got to get rid of the ninth circuit. new executive order today is a whole new case.

that one is moot that the ninth circuit decided. brian: i will tell you, louie, you can do a three hour show. have you so much to say. unfortunately we have got to go to break. >> always great to be here. brian: for a guy in texas you certainly fit in well here. same group known for anti-cop protest -- [pigs in a blanket, fry them like bacon. >> lesson plans in one city. the left hits a new low. >> a white man in a black body. you are a disgrace to the black race. how did the black man turn on his own? brian: we are talking to dr. alveda king, martin luther king's niece about where both peters can go from here when race is, again, dragged in ♪ turn around ♪ turn the beat around ♪ turn it upside down ♪ so they can keep watch over operations below the sea,

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>> senate minority leader schumer's office recently reported it gets about 1.5 million calls from constituents a day. most of them are just people asking him to push up his glasses. [laughter] >> yes, hello, it's very distracting to me. steve: on the end of his nose for many, many years. ainsley: a lot of people do that. they are reading. they need the glasses to read. brian: thanks ben franklin for the bifocal idea. joining us is fox news contributor dr. alveda king. welcome. i saw you run to the microphones to put your two cents in when your aunt's name was brought into the record with elizabeth warren. the next thing you know it's tim scott getting the racial backlash. >> and tim, of course, was correct in sharing with america the kinds of hits that he and many conservative african-americans get for espousing viewpoints that

stand up for the values that we believe america to be. senator warren, of course, i believe she is a politician. and she may plan to run for office again. and often, especiallily and i usually don't use liberal and conservative too much. but in the liberal camp playing a race card has worked through the years. brian: all the time. >> it doesn't work as much any more. when they pulled the plug on it to use my aunt coretta scott king and we had different viewpoints during her lifetime but i was once her correspondence press secretary. to use her, a very gracious woman of integrity to play the race card and put my aunt in the middle of it, it was too much. steve: during the testimony and arguments over whether or not jeff sessions would be the attorney general. >> and he is now the attorney general. steve: everybody knew he would be the attorney general. elizabeth warren read a letter that she had written years earlier. what's interesting though is that after that letter was

written, a couple years later, she actually came out i read and said some positive things about jeff sessions. >> she greeted him at event for rosa parks and a.g. sessions was one of those who sponsored the rosa parks museum. >> why didn't d. she read the letter when said immigration would be bad for negro job market. why didn't she read that? steve: why do you? >> i don't know. even president obama when he was senator said the same thing. so now for political reasons. playing the race card. attacking african-americans who are conservative, you know, tim scott, america needs to know. ainsley: people at home haven't heard what he said. he stood on the senate floor and read all these tweets and all this hateful stuff that people are saying about him because is he an african-american republican, the only one in the senate. listen to what he said. >> a white man in a black body. you are a disgrace to the black race. how does a black man turn on his own?

senator tim scott is not an uncle tom. he doesn't have a shred of honor. he is a house negro. like the one in jiango. steve: he also said he was not going to use ghmplet word which there were many episodes of that because it was inappropriate for the senate floor. >> it is inappropriate. even senator rubio made that point. weave can't go back to the wild, wild west. we can't go back to fist fights on the floor of the senate. i would say we have to love and forgive. brian: let me ask you this. there are theories republicans are making inroads with the african-american community. vouchers to get them out of the sighing kel of poor schools failing. urban projects seeing the sincerity of donald trump. that's why convulsions of backlash. almost a fear is happening on the left. do you believe that? >> what president trump has done, he did ask for the african-american vote. did he ask what do you have to lose? he said let me show you what have you to gain. i think that dr. ben carson is

going to do a great job with hud. so i believe that if we love, forgive, and pray, that we can begin to work together rather than fight each other. steve: all right. dr. king, thank you very much for dropping by the curvey couch today. very nice to see you. ainsley: heather has some headlines for you. heather: three gangs are now threatening to kill some of our police officers. war on cops front and center in danville, virginia. officers sitting in police cars have been ambushed by gunfire three times in the last three months alone. >> 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. we have people we are going to go home to. heather: no kidding. some gang members are wearing this on their t-shirts with thedpdk. that stands for danville police department killers. we will keep you posted on any update.

what is the group known for rioting and rallying against police. [chanting] pigs in a blanket, fry them like bacon. >> heather: now there is a new york school district celebrate black black lives matter matter day. teachers encouraged to engage students as young as 5 years old about issues in their district. it's not tied to any protests or black lives matter movement across the country. we will keep an eye on that rochester, newark upstate. you can see two men as they bail out of a stolen vehicle that busy l.a. nanchted the driver arrested. the passenger takes off sprinting. police run after the guy until he gets winded and he finally gets up. an officer quickly pummeled him to the ground. officer's partner helping place to officer under arrest in true l.a. fashion. this treer cleared is having a really bad day. can you seat ucla athletes

fall from all the way of the want to pyramid right to the hardwood court. it gets worse. someone comes to carry her off the court and slips and tumbles face first. making that poor cheerleader. that poor girl she fell once again. she is said to be okay. and then she eventually walked off the floor on her own. she is like no, really guys, i got it. ainsley: poor thing. is it ben still his or her is always in those movies where like things happen to him like that and you are just like oh. steve: the faulker movies. ainsley: she is okay. brian: dangerous thing being a cheerleader. you think the pyramids are easy. you say i could do that. steve: never. brian: i didn't think so. it is dangerous to be a cheer leaderboard. every time-out while the teams are focusing on their huddle, the cheerleaders are representing. ainsley: when i was a cheerleader in seventh grade i was on want to pyramid i fell off.

the guy i liked playing football i was totally crushed because i feared of he saw me. i didn't care about the pain. steve: all right. very good. she is okay. all right. meanwhile. brian: what happened to the guy? ainsley: we're still friends. steve: probably watching right now. ainsley: maybe. so hey, chris. steve: chris. it's a fox news alert. following the decision out of ninth circuit on the west coast. upholding that stay on president trump's travel ban. was it all just politics? we're going to talk to judge napolitano coming up. ainsley: we can ask for social media password for people coming into our country. what kind of information could we find? kurt the cyberguy is here to explain ♪ why do i always feel ♪ i'm in the twilight zone ♪ i always feel like somebody's watching me ♪ and i have no privacy ♪ whoa, whoa, whoa ♪ i always feel like ♪ somebody's watching me

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ainsley: we have some quick headlines for you. brand new evidence to back up president trump's claims of voter fraud. >> you take a look at the registration. have you illegals. you have dead people. have you this. it's really a bad situation. it's really bad. ainsley: an audit in michigan shows at least 31 people voted more than once by voting in person and via absentee ballot. those people could face felony charges. and it will now be easier to vote in the state of georgia. the state settling a federal lawsuit challenging the voter registration process. voter i.d. registration no longer has to match both the state and federal databases. the naacp said that the old rules targeted minority voters. steve: all right. meanwhile, we have a fox news alert. as you heard last night during the 6:00 hour, the ninth

circuit refused to reinstate the travel ban. what does that all mean? fox news senior judicial analyst judge andrew napolitano joins us. judge, we talked about this in the last day or two. this is not shocking that they would rule this way. >> well, the outcome is not shocking given the political animus towards the president that we saw during the oral argument. both the trial judge in seattle and by the way good morning, guys. steve: good morning. >> jumping right into this.e ind three appellate judges on the ninth circuit peppered the justice department lawyer for justification for the president's executive order. is this a muslim ban? why did he pick these seven countries? how did he decide that there is danger from these seven countries? all of those questions are irrelevant under the constitution. because the constitution assigns all foreign policy decisions to the president. so he doesn't have to justify them.

all he has to do is exercise his discretion in a clear way, which is what he did. so he ran into a buzz saw of four liberal judges who don't like his foreign policy. and they substituted their judgment for his. entirely inappropriate. brian: so now, judge, and you have been all over this, by the way we haven't stopped judge napolitano's travel ban. he is on vacation. >> it's not a vacation, brian. brian: you could definitely write this off. i guess the judge is in yemen. so, judge, there is opportunity to reissue the executive order. is that something a little bit more likely now being that the green card element would be factored in from day one? >> if i were advising the president, i would reissue the executive order. i would rescind the one that has caused him and the public and the national security of the country all this consternation. and issue another one.

i would tailor it in ways that would make it more, as we say, legally bullet-proof. his other option is to go to the full ninth circuit, there is so many of them they don't sit as a full court. they sit in panels of 10 or to go to the supreme court of the united states. but last night i told chris wallace, i don't think the supreme court of the united states breaks down four to four on this. i think justice elan that kagan who has manifested views in the past, very consistent with a robust foreign policy directed by the president would be the surprise vote here. but to brian, it's a gamble for him at this point. you're right. the safer, the safest thing to do is to issue a new order. ainsley: all right. judge. we want to talk about the nordstrom deal. they took ivanka trump's products out of the store. we were asking kellyanne conway about it yesterday on her show she said people should buy ivanka trump's ware. she has gotten hits about that

because people are wondering whether that's legal or not. sean spicer talked to the press and said she had within a counseled about those comments. the president took issued with the word councilled saying that she was in trouble and she is not. he supports her and that was unfair. first of all, i want to know is it illegal for them to do that in the white house. and do you think it's a big deal? are there issues we should be worried about? [laughter] >> there are certainly bigger issues we should worry about. each cheerleaders feeling off a pyramid is more profound an issue than this. but is it a big legal issue? i don't think that kellyanne conway was serving as a pitch person for ivanka trump. she gave a sharp, political response to some of the politics that have been thrown at her. she does it better than anybody else.

is it a serious thin ethical is? does she stand to game by it? no. is it likely to effect the wealth of the trump family, absolutely not. brian: oversight committee is investigating it cummings and investigating. this there is the tape. there is no investigation needed. >> i don't think there is either. i'm surprised at jason chaffetz. you know, politics is weird. maybe they -- this is one he has decided a bone to throw to the democrats. but there is no there there. look, if they come up with some sophisticated plan on the part of kellyanne to enrich ivanka then there is an issue. that's not what happened. she simply to you guys sent a message to the democrats forget about it. leave ivanka out of this. that's the way i read it i'm convinced that that's the way the investigators will read it. steve: so foe geso foe get abou.

ainsley: left makes a big deal. right doesn't care. steve: older judge says she was being snarky. ainsley: thank you. enjoy your vacation. >> it's not a vacation but god bless you. steve: there he disappeared from his magical place on the couch. brian: qui add the rock dwayne johnson his real name list of the celebrities opposing president trump. could it cost him his career? steve: if you want to move to america. hand over your social media password. what's your twitter password? it could be the component of extreme vetting for refugees. so what would that look like? kurt the cyberguy with answers on handing over your facebook key he is: ♪ head games ♪ i can't take it anymore ♪ head games ♪ what makes thermacare different? two words: it heals. how? with heat. unlike creams and rubs that mask the pain,

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>> steve: the secretary of the department of homeland security john kelly now suggesting that the united states asked visa applicants for their social media pass words. you know for twitter and facebook and stuff like that. what would they find? that's a big question. ainsley: here to explain this is kurt the cyberguy. >> it's still password number one. why change it? they can get into it anyway. brian: we are looking at what happened in san bernardino. we saw the woman was radicalized and all we had to do is check her facebook page. >> after the fact. if we only knew ahead of time which is a really great idea in theory. if we could see into the lives of people. because let's think about it. what is in there? what do they really want? what's behind all this? so secretary john kelly on

capitol hill on tuesday saying hey, there is a possibility that we would ask for social media pass words for those people coming in to the u.s. that we might want to take a closer look at for better scrutiny. well, look what's there. it's going to be your recent photos. your time line. where you've been. all of these certain things with your associations, your friends, your family. tell a story about who you are. they don't just tell you where you. tell you who you were. steve: their terrorists. they are going to set up fake accounts. >> that might be the teeny tiny problem with this whole idea, right? it's really well intended notion. but the fact is as we were just talking in the break. it's takes us a matter of two or three minutes to just create a bogus website that looks completely inside of facebook or wherever. brian: if i was expert identity. if i was a hacker. i wouldn't need your password. that's what you have got to do. got to get our cyber hacking expert to go after your background without.

ainsley: then you are going to have the left who says that's illegal. you can't do that. >> but it's not illegal when we're looking outside of the u.s. so, this is a matter of protocol that happens already. we do look very closely at people that are communicating from outside the country in to this country. so, it's a matter of just reaching. if you don't think right now that the nsa and others can see into social media profiles beyond? think back at a story we did last year where a local police department could see into social media profiles. they can see what's going on. brian: this person can't get one -- because of what they posted on snapchat? that could happen. >> there is some value here. this is a good nugget of an idea. ainsley: it is good. steve: they just got to do some more thinking on it. >> just a tad bit. brian: 1-800-cyberguy. i just lost the tease vow to read it. ainsley: president promising

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♪ born free ♪ i was born free ♪ i was born free ♪ born free. steve: yep. thank you very much for kid rock kicking off our 7:00 hour live from studio e here in snowy new york city. thank you very much for joining us. listen, donald trump, job one of his presidency has been what? ainsley: jobs. steve: jobs, jobs, jobs. exactly right. yesterday he met with some ceos of major airlines and this morning we have a fox news alert.

delta is planning to expand big league. brian: they are going to add 25,000 workers it seems. directly off the meeting with all the major airlines. american airlines. when they felt as though their needs were being listened to for the first time so they can compete internationally. this is one of the rewards the president went back hire some people. and he did. i think one the most successful things that donald trump has done is meeting with the ceos, listening to what their needs are and then saying listen, how do we expand the american worker. ainsley: this is great news on a friday. because everyone, no matter how you voted, you are in support of people going to work here in america and delta is going to provide 25,000 jobs. that is a lot of people. brian: intel too, the other day, also committed a couple days ago to opening up an entire plant in this country. steve: sure. here's the thing for a lot of new presidents they don't quite know what's going on with various agencies. he told the ceos yesterday in the part that was allowed to be taped, he said, look, you

know, i have got a jet. i have got a pilot. he tells me and then he went through a list of a couple of things where there are some problems with the way the faa. he said yesterday he would love to see the head of the faa, rather than be a bureaucrat to actually be a pilot. somebody who flies and understands how it works. getting in to and out of airports. bribe brian air traffic controllers needs to be modernized. airports used to be the best. now they are not. meanwhile yesterday, the president has a lot going on. one of the things he was looking forward to is seeing how the ninth circuit of appeals would rule on his pause, his travel pause. ainsley: looking forward to it? brian: seven terror laden nations. i guess he was optimistic to somehow some way let that go forward. ainsley: known as a very liberal court they voted 3 to zero in favor of keeping that travel ban or travel pause on hold. this is the headline for the post this morning. "the new york post." it's donald trump's tweet. and he tweeted in capital letters and you know what that means when someone does that

that means they are screaming. this was his tweet. see you in court. the security of our nation is at steak. so he is taking this, i guess, to the supreme court. steve: don't know. there is a number of options that they. ainsley: what are the options either go back to the supreme court? steve: either go back to the judge, judge robart. keep in mind, yesterday, this particular ruling had nothing to do with the constitutionality of the president's travel ban. nothing. it was simply about whether or not it was appropriate for this guy to issue the temporary restraining order. ken cuccinelli the former attorney general for the commonwealth of virginia said at its core you have got to keep in mind who this impacts. this whole thing impacts people who are noncitizens. it's a great argument. >> the due process was the corner stone of the court's decision tonight. that's what they used as their benchmark and yet they gave due bureau says rights to

people who do not have due process rights. people in somalia who have never been in to this country and people in syria never been to this country. they don't have constitutional rights, they don't have due process rights of any kind. rather restrict the restraining order to those who might arguably have such rights. they left this extraordinarily broad restraining order. brian: ken cuccinelli, that's a guy if the trump administration is looking for a legal expert or deputy attorney general, they should look at him. is he extremely sharp. ainsley: ran for governor. brian: i'm not burdened with a legal degree, i just say do these people who are not in our country yet, are they guided by the constitution? and the answer is no. they are not. although the woman on that show, argued that they did. how could that be? ainsley: i don't know. the people who are guarded by the constitution are all of us who are american citizens and donald trump says that is his job to protect us. just like a parent would protect their child. he is the parent of our country. and louie gohmert sat down with brian earlier in our show.

and louie agreed with that listen. >> the white house should immediately reissue the executive order, but include in there what the white house had already explained. that it didn't apply to people that already had their green cards. that addresses the issue that the ninth circuit raised that even for people that don't care about the constitution like the justices on the ninth circuit it ought to take care of it. the president is trying to protect the american public. and he had information that he relied on to help america. but after this kind of decision where they didn't even mention the law that gave the president the power, don't even mention that. the ninth circuit has got to go. brian: yeah. the judge. ainsley: congressman and judge. brian: congressman and judge louie gohmert came out and basically said reissue the whole thing. if there is a problem bring it to a different court. fifth district court and focus did on that. and that might be the best issue.

just so much for -- i got like nine pages of trump initiatives. now he has a staff in place. i think tactically, the best move would be let what you just read stand as this tweet. see you in court. i'm not done. message sent. don't allow more grist in the mill. ainsley: we asked you guys at home to send us your tweets. john said this i find will incredibly unbelievable a few west coast judges can put the entire nation at risk. steve: mark tweeted trump should write a brand new executive order word it differently with changes and start it all over again. brian: let his attorney general do it. not just politics, power. it's the left still abusing power whenever they can. and where they have any and amazingly they get away with it. in this case they did. however, they tried to stop each and every one of president trump's nominees and they haven't stopped one. steve: you know what's extraordinary. i was reading in some of the materials this morning that apparently of the people who are coming into the country, refugees right now, something

like 77% of them are from those seven countries. and the big one is syria. and here's the thing. there is big story yesterday that apparently isis stole tens of thousands of passports, right? brian: which we reporterred on a year ago. steve: we did report on that. yesterday when bashar assad the guy who runs the country of syria currently. he is the dictatory there. he was asked about so the people come into the united states, are they aligned with terrorists? the answer is yes. listen. here's the president. >> are some of these refugees in your view. >> yeah. >> aligned with terrorists? >> definitely. >> definitely? >> definitely. you can find it on the net. the same picture that you show them in some cases, of course, in some instances those terrorists in syria holding the machine gun or killing people, they are peaceful cities in europe or west. yeah, that's true.

>> so how many terrorists do you believe are among the 4.8 million syrian refugees? >> no one has any number. nobody knows. because nobody knows all the tastes to give a percentage. brian: keep in mind he has killed at least 400,000 people. people looking for asylum in government and rose up he looks at them as terrorists. the original rebels that we did not support allowing terrorists to come in there he looks at anybody threatening his power as terrorists. i would throw that opinion out. steve: the opinion issued by the ninth circuit there was no evidence that anyone from the seventh countries had committed terrorist acts in the united states. brian: not true. steve: so far. brian: by the way. john roberts was able to give us the examples in each and every one of those terrorist states. people that have been arrested for aiding and abetting. they are available of every single one that's come to this country from those terrorist states that have some type of impact. ainsley: is the country tied to terror?

that's all have you to hear. just want to keep america safe. steve: terrorist of the big terror country they are aligned. ainsley: yes, definitely. steve: definitely was. brian: look who is saying it. this guy is the devil incarnate. he would kill everyone in this country except his family to stay in power. throw that out. steve: just the facts that there are tens of thousands of blank passports with syria printed on them and the president of syria saying that it's 1-2 punch in the gut ains apes he may kale you and want to talk to you. brian: 1-800-kilmeade i will take the call. heather: first up, putin wants apology from brian kilmeade. good morning to awful you. we start right now in washington, d.c. where there is another marathon fight taking place on capitol hill. finally ending with early morning vote to confirm health and human services secretary tom price. here it is. >> the ayes are 52. the nays are 47. the no, ma'am names is

confirmed. heather: this is so significant because of obamacare. price will be key in helping president trump repeal and replace obamacare. heather: right now, some major news coming in overnight. a terror plot foiled at the last minute by french police. we're just getting information in to our newsroom about this right now. four people, including a 16-year-old girl now under arrest. three men also taken into can you say teed at a home in the south of france. that's where police say they found makeshift bombs that they consider to be nearly identical to those used in isis attacks in paris and also brussels. remember those. the group reportedly plan plannd to bomb unspecified areas in paris. we will bring that you breaking story as we get it back here at home, do you remember those four teenagers who were seen torturing a mentally disabled boy on facebook live? well, they are expected to enter pleas later today. remember the video, a warning though, it's hard to watch.

>> donald trump. heather: those suspects charged with kidnapping and committing a hate crime. police in chicago say they beat the white mentally challenged boy. broadcasting it live for the world to see. and they also yelled about president trump. what a tragedy. so heart broken for that young man. and then caught on camera. a rescue turned into an arrest after a driver crashes during a high speed chase in minneapolis. watch this. >> get your [bleep] hands um. do it now. get out of the car. it's on fire. >> yes, sir. >> you better help. >> okay. i'm getting out. >> are you stuck? >> yes, sir. >> pull. it's hot. >> just one? >> get your hands behind your back. you're under arrest. heather: they pull him out and then arrest him. this happened when a suspect took off during a traffic stop. reaching speeds of 100 miles per hour before crashing over a hill. that crash happened last year

though. the three state troopers involved are now getting honors for bravery. one trooper's first day on the job. talk about baptism by fire, right? steve: are they all going to be like this? heather: they took care of the guy heroes for doing that and then the guy gets arrested. ainsley: thanks, heather. steve: coming up on this friday, the president is promising to announce big league tax breaks. we will talk to the man who will help make sure have you money in bank account. texas congressman brady. brian: a lot of texas today. brian: you can add duane the rock johnson to celebrities opposing president trump. while he is piling on the underarmor ceo. steve: rock bottom ♪ hey, you ♪ get off of my cloud ♪ a fire truck. even a marching band. and if i can get comfortable talking about this kiester,

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♪ ♪ >> lowering the overall tax burden on american businesses big league that's coming along very well. we are way ahead of schedule, i believe. and we're going to be announcing something, i would say, over the next 2 or 3

weeks that will be phenomenal in terms of tax. steve: that caused the stock market to take off yesterday. president trump following through on yet another campaign promise tax reform. now he is prom promising big announcement in the next two or three weeks. guy working on white house reform chairman of the white hoe ways and means committee. great to have you. >> thank you. steve: president trump has talked about getting rid of and replacing obamacare, taxes, stuff like that. what order would you like to go in. >> obviously we have got to repeal obamacare right now and replace. steve: that's got to be first. >> yes because it's also a job killer. president first in 30 years leading on tax reform. actually wants to jump start the economy. a game change the way we tax. and, in fact, help us leapfrog america back into the leagueback pack on the best place on the planet for jobs and investment. very exciting.

steve: i know you want to find consensus in congress. but if the first thing do you is get rid of obamacare, there are going to be a bunch of hacked off democrats who are not going to work with you on tax reform. >> maybe. so we have invited them. bottom line for them look, their young people can't find jobs. they are seeing the same stuff we see leave america, stream out of america. so they ought to engage because the truth is what we have got right now is too complex. too costly. it's unfair. steve: you know, there are a lot of stories flying around washington that republicans for years have been talking about replacing and repealing obamacare. but you got no plan. >> yeah. actually we do. we laid it out. at least in the house. we laid out our replacement last year. we're moving forward on that. steve: there are a bunch of plans, aren't there? >> there are. here is the good news. a bunch of plans. house republicans have one. basically what it does is replace that big bureaucracy with the healthcare backpack. travels with you state to state. home. start business and family and

even into retirement. it's a big change from the way government does healthcare. this is personalized. steve: i'm holding in my hand your suggestion on how we would do taxes in the future. >> yeah. steve: three tax brackets and whole thing is 14 lines long. >> it is. we are proposing a code so simple 9 out of 10 americans will be able to use postcard style system. steve: you do include mortgage interest deduction and charitable contributions as well. >> one, we love people giving to their church and the causes they believe. in homes are the biggest investment most people make. we also keep help for raising kids and saving for college. which is really important for families. steve: let's get back to the reality though of how you get this through a congress. how do you get the democrats on board or are you just going to push that nuclear option? >> well, i would love to have the democrats on board. they know the economy is struggling. actually, they have got, we think, some good ideas. i don't know if they engage or not. so bottom line is later this year we'll use a budget process reconciliation to have

a straight up or down vote in the cincinnati. if that -- if they are not going to engage, we're not going to hold up fixing this broken tax code because they're mad. steve: there were stories they were going to do it in the first hundred days and then maybe the second hundred days and then at the end of the year. >> after 30 years we will get it done in 2017 and it's going to be remarkable. steve: take that to the bank? >> yes, sir. steve: chairman, thank you very much. >> thank you. steve: great talk. i love the postcard. that would be simple, right? meanwhile, they will take the super bowl trophy and rings but now six new england patriots are giving the white house the stiff arm. explain who they're. and actor ke kiyana reeves returns chapter 2. did you miss chapter 1. kevin mccarthy will be here to tell us if that movie is worth your money. >> i need you to sue this vest.

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and add phone and tv for only $34.90 more a month. call today. comcast business. built for business. steve: all right. we have got some friday morning headlines for you right now. brand new research shows more than one in five illegals in the united states live in the cities of new york, los angeles, or chicago. and all of those cities, as you know, have pledged to fight president trump's plans to expand deportation and protect the illegals who live in their municipalities. that's not going to happen in howard county, maryland. vetoed a bill in his area. he said it's unnecessary since no one has complained about unfair treatment. the bill's sponsor disagrees. >> we need to continue to work through these challenges and

ensure that our residents, our neighbors, feel safe and comfortable. steve: that's key. the veto not expected to be overturned. meanwhile, in show biz news. brian: all right. actor keanu reeves returns to the big screen. >> good to see you so soon. >> i need you to sew this vest. >> i'm not that guy anymore. >> i'm always that guy, john. >> i can't help you. the consequences. steve: all right. joining us now. brian: what did he say? ainsley: i couldn't make out any of that. brian: what the heck was that. ainsley: i was thinking the sail thing. steve: founder. ainsley: kevin, we can't understand the movie. >> good to see you this morning. nothing says valentine's day day like john wick chapter 2. steve: really. >> last year dead pool came out. steve: great movie. brian: here comes the boom.

>> john wick is directed by the stunt double that keanu reeves used in the matrix. action super emembersive. dog killed by some gangsters so he went on a revenge rampage. in this movie they blow up his house. so he goes on another revenge rampage. just so you know how ridiculous and over the top this film is the first one there were 84 kills. in this one there are 141. so it's an overly stylized brutal action film. by the way in this new one, he does not name the dog he gets at the end of the first film. i wanted to know was that because of the psychological reason of not wanting to lose a second dog? watch this. >> have you ever had a pet? >> yeah. i have a dog named oscar. >> okay. so was there a moment when oscar became oscar? >> yes. >> okay. i haven't had that moment. john wick hasn't had the moment yet and psychologically i hadn't thought about it but maybe there is a reluctance for the connection. but he wants connection. you see the way that he greets it.

but i think there isn't a name yet. >> have you thought about possible names. >> i didn't think. maybe for if we have the chance to do 3. then maybe it will have a name. [laughter] >> just be called dog. steve: your dog's name is oscar? >> yeah my dog's name is oscar after the academy awards. steve: of course. >he is 15years old. 4 out of 5. action film that action fans deserve. i love this movie. it was very, very cool. brian: talking about action. 50 shades of darker. steve: different kind of action. brian: different kind of action. steve: look at the clip. breen brian only pick one. >> do you have a discussion? you say i have to shoot these scenes? i can't imagine what this is like. >> to be honest my wife used to be an actress. she knows the score and she knows it's just work. it's a strange way to spend a day. but it is all make believe so it's kind of like fine.

brian: i heard they laugh out loud. >> the guy you just saw jamie dornan. he is married in real life. i asked him how you film these intimate scenes when you are married. do have you to have a conversation with your wife will going to shoot these scenes. my wife loves it i think it's ridiculous, over the top, hilarious, stupid, but also highly entertaining. i found myself enjoying it it's ridiculous. i gave it a 3 out of 5. and by the way lego batman is also opening up today. that movie is amazing. i gave it a 4.5 out of 5. i love you guys. i hope you have a wonderful weekend. it's an honor to be on your show. thank you so much. steve: great to always you have you, kevin. brian: sounds like acceptance speech on behalf. steve: he has a dog named oscar and loves the lego movie. brian: and fifth shades darker is. steve: hilarious and terrible. ainsley: first one he gave a really good score.

a lot of killing. steve: john wick chapter 2. brian: coming up straight ahead. it started with collin kaepernick now six super bowl champions will skip a visit to the white house. we'll tell how is not going. ainsley: hillary clinton tried to troll the white house with this tweet. wait until you hear the response. carlie shimkus is here with the response. ♪ ♪ oh, sometimes i get a good feeling ♪ i get a feeling i never, ever had before ♪ on their car insurance. any questions? -yeah. -how do you go to the bathroom? great. any insurance-related questions? -mm-hmm. -do you have a girlfriend? uh, i'm actually focusing on my career right now, saving people nearly $600 when they switch, so... where's your belly button?

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♪ ♪ you got a friend in me ♪ you you've got a friend in me ainsley: this is your shot of the morning. talk about puppy love. a canine named. >> can kanobie. ainsley: cannot resist showing

love to partner. brian: conservation officer levi in the middle of a formal photo shoot as you can see it took a few takes. steve: the dog may look adorable. make no mistake is he a trained officer. kanobie works daily to investigate and find criminal evidence and obviously a good liquor. pert near licked that hat off his head. steve: take a licking and keep on licking. ainsley: do you have a dog. heather: two labs. ainsley: sometimes i check with you and have you five. brian: labs are not droolers. brian: drooling and a snorer. i don't want to get a bulldog they drool and snore. heather: that's what dawn says about you drool and snore. brian: i'm working on the snoring but drooling can't be helped. heather: better take that

away. noble wants to hear about the drooling and snoring anymore. i have a couple headlines to bring you right now. starting with this. new overnight. bleforts blocking the entrance to the 101 freeway in los angeles. in intawns to increased immigration raids taking place in southern california. this after what is likely the first deportation of an illegal immigrant under president trump's new immigration policies. the lady's name guadeloupe garcia she has been in the united states illegally for 22 years convicted of faking a social security card back in 2008. her illegal status routinely overlooked under president obama. but agents just deported her to mexico and that's now sparking some protests that we told you about her daughter is protected under the dream act. they say the move is unfair. more on that as we get it. and here is what happens when the vice president goes to broadway. >> you know we have a guest in the audience this evening. [laughter] and vice president elect

pence. i see you are walking out. i hope you will hear a few more minutes. there is nothing to boo here. >> booed on broadway. take a look at this. this is what happens when the vice president goes to west point. >> nice, right? lots of cheers for the vice president. mike pence getting the cheers and respect from the crowd, he gave a speech at the u.s. military academy, he kicked off kick off amnesty some the cadets who committed minor offenses. a gym owner who ratted out ivanka trump. her name is ann malum found a business called solidcore in washington, d.c. quoted on facebook what you do when you find out jeank trump just took but used alias to sign up for class. you reach out and ask for a meeting.

she went on to say her father is threatening the rights of many of my beloved clients and coaches and as a business owner, i take my responsibility to protect and fight for my people very seriously. after receiving some backlash from her own friends, she has now deleted that post. mahlum apparently doesn't have a problem training the former first lady michelle obama. brags about having have her as a client. she has a picture posted on her website. gosh, can't you just work out in peace, ivanka trump? goodness, gracious. they take the super bowl trophy and rings but now six new england patriots are giving the white house the stiff arm. the running back and bear with me on these names. blunt, defensive end chris long, am i doing okay, defensive tackle alle al alan blanch are the latest they will join bennett, courtney and hightower. they will not show up at the white house the people's house.

a real shame under republican and democrats. the. steve: i saw a tweet heather, brian, and ainsley that tom brady did not go to barack obama's white house when they had won a super bowl because he had a family commitment. ainsley: see what you think about that. brian: 23 minutes before the top of the hour. 53 million americans bracing for deep freeze after winter storm wallops the deep east. up to 10 inches of snow. good thing they stuck in that parade first. ainsley: white-out conditions leaving countless crashes up the east coast. steve: this as the coast deals with mud slides triggered by melting snow and rain forcing a landslide out west. exploding through the wall of a house. filling the entire room with dirt as you can see. meanwhile here it in snowy new york city. adam is tracking the storms. tell us if the storms for the northeast are gone. >> yeah. we are actually wrapping it up here in the northeast. 9.5 inches of snow is what we

saw in the northeast is what we saw yesterday. it's a big system. here is what we're looking at right now. still snow tracking across the you were midwest. that's the next system that's going to move toward the northeast. it's not going to be a really big one. are going to be paying attention to this. maybe bringing a little bit more snow into the boston area. certainly you were new england. getting into northern areas of new england. hour-by-hour forecast bring you through that temperatures very cold through today. real quick i do want to show you. this these are the temperatures across the country. a lot of warm air out in the center of the country. that's headed this way. all the snow we are seeing out here actually probably melting on saturday and sunday. warm-up here in the next couple of days, guys. adam, thank you very much. >> yep. ainsley: hillary clinton out of hiding just in time to respond to the president's immigration order. steve: she simply tweeted 3-0 and the internet went crazy. brian: here to break it down with us is carlie shimkus. the first topic is hillary. 3-0.

very trumpian. >> quite trumpian. she did tweet 3-0 referencing the court's 3-0. i think she wanted a drop the mike moment the way she had when she told the president to delete his twitter account. it didn't work out that way. take a look at some of the responses we are getting today. tweeting @ hillary clinton you are 0 for 2 in presidential runs. wow. that's pretty clever. james tweeted she lost, he won. get over it try harder next time. pretty simple for him. christopher tweeted i wonder which numbers are more significant. keep up the good fight, mr. president. steve: electoral college. next one is the best. >> yes. this is the one getting the most attention today. kellyanne conway three stated pennsylvania, wisconsin, and michigan. brian: what is she doing? first she is walking in the woods and then writing a book and now getting into the twitter war. talk about something else.

kevin plank the ceo of under armor said after meeting with president trump this guy's policies are going to be good for busi great asset. >> called him asset pro-business. three of the underarmor spokes people seth curry are now angry with kevin plank for saying that. and have shown their anger vocally. they have been vocal about this on social media. let's take a look oat what dwayne inadvertently creating a situation where the political opinion of underarmors partners and employees were overshadowed by the comments of its ceo. brian: unbelievable. >> copeland said i strongly disagree with plank's comments in support of trump as someone who takes my responsibilities as a role model very seriously. it is important to me that he

and underarmor take public action to clearly communicate and reflect our common values. steve: wasn't his -- his comment was about. >> business. steve: given this environment with a guy who ran a business he knows what they are in and that's good for their business. >> speaking of business, all three spokes people have come short of saying that they are no longer going to work with under armor. ainsley: i was going to say. keep those multi. >> this isn't david duke. this is the president of the united states that got 300 electoral votes and 60 million supporters and they act like this is a travesty like they got caught employing 9-year-olds making sneakers. ainsley: trashing him but taking the money. brian: did the damage. forcing kevin plank to back off. unbelievable. steve: i didn't remember these kind of comment when people didn't agree with barack obama. ainsley: thanks, carlie. brian: ahead, live look at the nation's capitol where president trump promises to drain the swamp.

scott rasmussen joining us with what he thinks the president needs to do to build back your trust in government. ainsley: we still have a huge show ahead. we have geraldo rivera, we have judge jeanine and jesse watters. they are all here live. brian, say it. live. brian: live. you are looking live. steve: hello. how are you ♪ sing out of key ♪ oh, i get by with a little help from my friends ♪ oh i get high with a little help from my friends ♪ ♪ don't let the food you eat during the day haunt you at night. nexium 24hr... shuts down your stomach's active acid pumps... to stop the burn of frequent heartburn... all day and night. have we seen them before? banish the burn with nexium 24hr. bp engineers use robotic ultrasound technology, so they can detect and repair corrosion before it ever becomes a problem. because safety is never being satisfied. and always working to be better.

brian: all right. do we have a legitimate government or do we need to drain the swamp as soon as possible? in his latest op-ed scott rasmussen raises that question quoting most governing decisions are made with distant bureaucrats. courts rarely provide any checks and balances giving executive branch officials

free rein. ageneral does. scott rasmussen the president of the rasmussen group. scott, if that's the fact, what can we do? >> well, there is no simple answer. the first thing you have to do is raise awareness of the problem. we have a situation where millions of people feel their rights were threatened when president barack obama was in office. millions of different people feel their rights are threatened when president donald trump is in office. and it's all because the president has too much authority. brian: so we see the president having these meetings i'm going to dial about regulation. that's not enough you say? >> no. dialing back regulation is a start. he has got to work with congress to get rid of some the regulatory authority. there is a need to make sure that the next president can't come back in and just begin this all again. because when you bureaucrat has a right to define the regulation and then serve as judge, jury, executioner, all of our rights are at risk. brian: wow. so you think that you can get congress to dial back on the executive branch relatively easily. would donald trump ever allow

that? that works against his own self-interests. >> it works against his short-term interest and that's the reason regulatory state exists because they hate the idea of checks and balances because harder to get agenda through. we will see the same thing happen with neil gorsuch the supreme court nominee pushed back a little bit against the president. because is he skeptical about executive authority. is he skeptical about these sorts of arbitrary decisions. it's hard. what you are describing. the fact that it's against the president's interests is why we are in this difficult position today. everybody, when their team is in office says yeah, let's go do this. we need to use the executive orders because the other team did. but, the founders of our country realize checks and balances are more important. brian: make congress madder again could be the subtitle. drain the swamp. >> out of everything that president trump promised to do. that phrase seems to be what people are really waiting for. >> drain the swamp and after its drained have you got to build a new structure so it

doesn't fill up again. brian: matt drudge said a couple days ago the g.o.p. should be sued for fraud. they promise all these things and delivered yet. do we have to show patience? >> sometimes you have to show patience. but a long time ago in 1968 aaron wrote there is a simple recipe for violence, promise people a lot, and deliver nothing. we need to have politicians who are beginning to act on their promises or we have a very volatile situation in america. brian: one is obamacare, repeal and replace. >> that's right. brian: number two tax reform. donald trump the president is seeing that. that's why kevin brady was here the chairman of ways and means to say that's front and center. >> those are huge issues. more and more it's a sense of you have got to people the people in charge rather than the politicians. brian: book coming out shortly politics has failed america. >> politics has failed. america will not. and you can find out more about at politics has failed.com. brian: scott rasmussen you did not fail.

you come up with a a-game. >> thanks, brian. brian: pedal to the metal, nation's largest auto show. taking you behind the wheel of america's fastest suv. ♪ i can't show you a better time ♪ baby, you can drive my car. ♪ if i'm going to be a star ♪ baby, you can drive my car ♪ babe, i love you ♪ and get your head back in the game. sinex. the congestion, pressure, pain to clear your head, medicine. if time is infinite, why is ta john deere 1 family tractor can give you more time for what you love. because with our quick-attach features, it takes less work to do more work. nothing runs like a deere.

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. ♪ steve ladies and gentlemen, start your engines on your new cars. brian: all eyes are on chicago for the nation's largest auto show open to the public this weekend. ainsley: our auto expert mike caudill is live from the show's floor with a preview of the hottest cars.

good morning, mike. >> good morning, guys. you know, i always get so excited about these things. and we're in chicago. and this is one of the best shows for me because it's a family show. more than 1,000 cars on the floor here in chicago. and it's all about interactive, right? it's cold outside. it's the dead of winter. bring your kids down. play with -- there is legos and all this stuff so you can test drive stuff here in the show. i know you want to hear what's new in the show. this was showcased yesterday and i love it. it's the all new ford expedition. first one in 20 years received an upgrade. it's all about technology with this vehicle. not to mention that beautiful exterior. 360-degree camera. wi-fi hot spot and for the family this is perfect. charge all of your devices in this vehicle, including a wireless phone charging unit in the second console. second row seating is fantastic for the family. fit your car seat. in nice tip and slide second row adjustment for the kids can flip the seat as well. toyota, this is the doocy mobile right here the tundra trd sport.

a great offroad vehicle wearing that performance badge. not to mention they are showcasing the sequoia as well. near exterior styling. performance upgrade. nice enhancements to the interior of that vehicle as well. not to mention a variety of great colors that will come with that all right. this right here is a kilmeade. this is for you, brian. ready? here we go. dodge durango suv. america's fastest suv. 457-horsepower. supple red leather interior. about 0 to 60 in 4.4 seconds that makes this thing incredibly smoking hot and fast. mitsubishi 100th anniversary. sport unlimited edition. outlanders top sell mitsubishi as well. all new exterior trim. beautiful black alloy wheels. not to mention $21,000 price. one of the big trends we have

seen kicking off 2017 is all about the technology inside the vehicle. and we're talking about wi-fi connectivity. chevy showcasing tahoe and suburban. summer is right around the corner. plan your vehicle. this is the one for you. biggest car trend in 2017 is that wi-fi and on star usage is up 260%. your kids can connect all of their connectivity devices inside the vehicle. all right. what i love about chicago is it's not just about the glitz and glamour of the cars. this is the bron ability chrysler pacifica. wiehl wheelchair accessible vehicle. if you drop your keys, the dog will kick them up and hand them to you. your dog will help pull you inside the vehicle as well. they have trained more than 500 dogs and there is a waiting list for these dogs of more than 450 people waiting on this list to get these types of dogs. $57,000 price. let me tell you why that is important. $57,000. these vehicles range over $100,000. i loved seeing that yesterday.

it warmed my heart here at the auto show. steve: that is automobile fantastic. mike, thank you very much. i have got a question for you about the expedition right behind you. because we used to have one of the original ones. it doesn't look as big as the other ones. >> oh, believe me, it is big. and what i love the most about this right here is it has got this new exterior styling. i sat in the rear seat yesterday. it's big. and what they're able to do is increase the inner capacity of the vehicle without increasing the exterior. great vehicle from ford and their expedition. you will see this on the market very soon. steve: very good. mike coddle live at the auto show. have great weekend. ainsley: we are following a breaking story. winning continues for donald trump. big news about delta airlines at the stomp the hour. steve: geraldo rivera is going to talk about what the ninth circuit of appeals did yesterday. do they think it was good? do they think it's bad? he is next and come on down and we have an argument

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things happen. all this for a smoother tasting cup of coffee. green mountain coffee. packed with goodness. >> the ayes are 52, the nays are 4, the nomination is confirmed. >> the senate just confirmed president trump's pick for health and human services secretary, georgia congressman tom price. >> 22 days into his presidency, mr. trump doesn't have a full cabinet. >> the democratic party since the day president trump won have trying to delegitimize him. brian: they have tried to stop each of president nominees and haven't stopped one. >> president trump has tweeted his reaction. >> now he has a message for the judges. i will see you in court. >> it's a political decision that we --

>> the nation's safety is at risk. >> ninth circuit got to go. i think we scrap it. >> wall street in record territory not only the dow, s&p 500, the nasdaq, a lot of inspired what was going on inside the white house. >> lowering the over all taxes on american business is big league. >> he is leading on taxes and wants to jump-start economy. >> jobs, jobs, exactly right. >> great news on a friday. steve: delta is planning to expand bigley. ainsley: will provide 25,000 jobs. take the super bowl trophy and rings but now six new england patriots are giving the white house a stiff arm. steve: i'm sure a bunch of of atlanta falcons would want to to. ainsley: >> this cheerleader has a bad day. someone can't to carry her off the court and she slips and tumbles. brian: dangerous thing being a cheerleader. ♪

♪ keep on rocking the free world ♪ brian: having a flash back to the '80s with the music. that is the house ruth didn't built but our country did twice. twice. >> nice to see the beauty among the thorns. ainsley: talking about brian or me? brian: geraldo dusting off the lines. ainsley: what did you think about the ninth circuit court ruling. >> i predicted it would at noon yesterday. seemed to me, if you heard the audio feed on the arguments attorney general, the u.s. attorney general did a bad job in presenting a case for any urgency. why do you urgently need this? in other words if the trump administration had evidence that

abdullah was coming in next wednesday and blow something up, they didn't present any of that type of evidence. on the other hand state presented evidence of irre reppable harm. what was it? children needed operations. families separated. state university students. brian: green card thing and they were done after that though. they wouldn't have been affected. geraldo, having said that, what is the best next tact to go from here? >> let me just say that i believe firmly as i sit here this morning that the trump administration will lose in the high court. closest will be a 4-4 vote. a tie. the tie foes taking the -- steve: president has special powers come to immigration. >> the president has special powers, i could go upstairs

write you i believe a executive order to redo it. steve: what are the high points? >> i think that you, you have to be much more specific, rather than a blanket ban on refugees. steve: target. >> is abdul or any of his associates, known member of isis or al qaeda, or al nusra? you know, do we have documentation on jane from -- until now. you can draw an executive order specific enough, i believe, to satisfy the constitutional requirements. but my sense is, and watching the president's response, to the court, some negative things he said about the court, the current administration will insist, parallel tracks i preink d they will insist on seeing appeal through the bitter end. then the trial, at same time i think he will draft a revised executive order. ainsley: how, geraldo he accused this court, the court system playing politics with our

national security. what do you think about that? because he is saying they're not listening to me. they're not listening to the generals and left is putting this in the court meanwhile all the terrorists can come into the country? the. >> it is interesting to me, ainsley, you like judicial activism when they're active on your behalf. ainsley: on your side. >> and you don't like it when they are against you. brian: example? >> the obama executive order expanding to the d.r.e.a.m. act to the parents of children brought in at an early age. brian: what does that have to do with security? >> i'll tell you, but let me, give you the end of that particular story. so what happened is, the republican state attorneys general sued obama and said you don't have the authority, you don't have the executive authority to expand the d.r.e.a.m. act. that is legislative function. they went to a court in texas, a very red area in texas, around they got a judge who agreed with the republican state attorneys general and they stopped obama's

expansion of the d.r.e.a.m. act. so there republicans applauded because obama had been stopped from abusing -- now trump has been stopped from the same thing. steve: what you're doing talking about the merits of the entire executive order whereas, what they were supposed to do, they were not going to judge whether or not it was constitutional. it was simply whether or not the temporary retraining order was proper. that was the whole ball of wax. >> the problem was, they implemented that thing in such a sloppy fashion -- steve: you know the hearing with judge robards was only 15 minutes. they're bases our national security on a 15-minute argument. >> the court is saying are they really basing on national security? where is the evidence that national security was at risk? steve too it is about national security? >> in theoretical terms, steve, you need a specific danger, you need to show evidence why. they came from this town

where -- brian: i'll answer your question. john roberts got individuals involved in terror activities in all seven of those county on the books, hands it out. no one disputs, hands out names, addresses locations, arrest. >> that is the names and addresses and locations, arrests you put in the executive order, that is one you keep out. you don't keep out 7-year-old with a heart problem. you look like a dope. brian: he asked for a pause to re-evaluate the vetting system that lets the kid in and keeps terrorist out. >> i understand you want to make a partisan point -- brian: don't diminish my point. no, no. you can not mischaracterize what i'm saying. because senator schummer said the same thing, that you have vet these people. >> you want to protect the country? brian: you have to vet effectively and he want to vet effectively. that is not partisan. >> you're making political point. brian: what political point? seven nations. >> five minutes ago, i know

you're at the airport. don't get on the plane. you're in the plane, turn the plane around t was so sloppy, brian. brian: it is not sloppy. no one -- >> it was designed to make a political point. brian: no, it wasn't. >> the judge busted him. brian: no. he has thing about not having people die by a terror attack, if you're on 23rd or 29th street. ainsley: hold on. one at a time. brian: not a partisan point. schumer in 2015 said same thing, we can't vet these people. senator blumenthal with his vietnam record i have been in most of these countries. there is no effective screening there. let's sit down with the president to work out effective screening with the countries because we have no idea where they were. he said let me stop it for 90 days and look at it. it was a sloppy presentation without an attorney general okaying it but it is not partisan. >> once you have taken the step to use a sledgehammer where a scalpel was called for, you have

totally impeached your credibility. once you said everybody from seven countries can't come in, without regard to whether 7-year-olds need a heart transplant or 25-year-olds who to be in al qaeda, please be specific. the government can't be recklessly all powerful. steve: going forward perhaps they come out with another executive order. >> i could draw it. give me a yellow pad and pencil. ainsley: what would you say? if you redid it what would you say? >> i would say -- steve: are you member of terrorist group? >> is there any evidence member or close relative or have you been? were you in such a such town between this month and that month? you've got to do your homework. you can't -- ainsley: it is what it is. >> a king, a king can say -- ainsley: we tan talk about it. >> today is saturday. i'm the king, today is saturday.

brian: isn't today friday. >> this is saturday. i'm the king. donald trump is not king. brian: very simple, 90 days, we'll set up a extreme vetting system. i'm worried about the country for 90 days. let's pause until we get there. major mistake about green cards. they rectified in 24 hours. homeland security secretary in place i kind of screwed that up a little bit. never happen again. >> took a bullet for the team. ainsley: let me tells you what happens in the commercial geraldo is on get fired up. we love each other and shake hands and talk about what you done at weekend, right? yay! can democrats and republicans do that? >> so interesting you say that people are saying why aren't the democrats playing nice with the republicans? it is not going to happen that way. it will be bitter partisan fighting and i urge donald trump right now, when he has the senate and the house of representatives, just like barack obama did in 2009, when

he had the senate and house of representatives. now is when trump should get his legislative priority, jam them through right now. you will not get any help from the democrats, al franken, elizabeth warren, people running on crazy left and -- steve: you know who else he has got? think about it. to the people watching you have donald trump and the democrats in the senate and the congress are beating him up. you have the mainstream media beating him up. looks like the courts are not on his side. you know who he has got? the people who elected him. according to the "politico" poll at that came out yesterday, a majority of americans support this ban. >> more people support this ban that voted for donald trump. 52, 53% support the ban. do it in a way crafted with some thought. brian: redo it and resubmit it. >> executive order is piece of paper. just throw the piece of paper out. start again. steve: don't throw that away. shows us what is next.

brian: joe manchin voted for two of his nominees. manchin, tester, heidi heitkamp and joe donnelly. that is four in particular that came over and had great things to say. >> i didn't see it. i was out shopping ivanka's shoes for my daughter. steve: they're great shoes. >> worked for my daughter and four of her girlfriends. i really did. not yesterday. i give them my support. she gets screwed, came out on celebrity "apprentice," nordstrom. they were so excited about ivanka selling shoes at nordstrom. first store in manhattan for them to stab her in the back is upsetting. brian: all about sales. >> all about sales. bs sales. i want to see numbers. steve: that is your message to nordstrom? >> my message to nordstrom you will lose my business to macy's and i have no conflict of interest.

steve: come in wide shoes. >> she did not do the shows. ainsley: have a good weekend. you and brian happening out to name i'm sure. steve: straight ahead, health and human services secretary tom price confirmed overnight. 22 days into the president's tenure. most of, mostly empty in this historic case of obstructionism. we're live at the white house next to explain about the vote last night. brian: and, think your first grader needs to learn this? [shouting] >> pigs in a blanket, fry like bacon. brian: "black lives matter" coming to your elementary school. fantastic. ♪

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ainsley: good morning. welcome back to "fox & friends." start with a fox news alert right now. president trump continuing to make good on this campaign promise. >> we're going to win so much

you may even get tired of winning! and you'll say, please, please, it's too much winning. we can't take it anymore. >> can you take this? the delta air lines ceo just announcing plans to hire as many as 25,000 workers over next five years. this comes after president trump's meeting with airline and airport executives yesterday. here is a clip. >> we want the traveling public to have the greatest customer service with absolute minimum of delays and with the greatest convenience, all at the lowest possible costs. our airports used to be the best. now they're at the bottom of the rung. >> some of them certainly are. along with rolling back regulations, the president floated the idea of privatizing america's air traffic control system which he calls obsolete. i will see you back here. ainsley: thank you, heather. to more breaking news right now. another early morning marathon finish on capitol hill. brian: just hours ago the senate

confirming health and human services secretary tom price. >> the i.c.e. are 52, the nays are 47. the nomination is confirmed steve steve -- steve: reporter: it is great to get an email from chad pergram telling us another nominee has been confirmed. this is the new reality in washington. democrats try to delay and obstruct, some ways stall the president's cabinet. ultimately he gets them over the finish line. i will share the latest example of battle in washington. this is new york senator chuck schumer on the president's labor secretary nominee. >> it is disgraceful to put secretary of labor and puzder in the same sentence. we hope we will bet back some of them. we hope puzder will be withdrawn. reporter: withdrawn? not likely. let me show you who has been confirmed already. some.

names we've been watching going off one at time. secretaries of state, defense, attorney general, hhs, you just mentioned good doctor tom price, transportation secretary around education secretary and homeland security. for those yet to be confirmed, keep in mind this name, steve mnuchin. he is the treasury secretary. that will likely happen monday. you see a host of others. paul ryan, the speaker of the house is crediting tom price for being at the helm of hhs, giving as you committed ally to work on repeal and replace obamacare platform. that is where we stand right now. guys, for now, back to you. steve: kevin corke live on the north lawn. thank you. ainsley: coming up when happens when jesse watters ends up in the middle of a anti-trump rally. steve: oh, boy. >> which nations are temporary travel ban list. >> lebanon. [buzzer] many like -- brian: yeah turns out they're not even sure why they were protesting. it gets worse from there. jesse is in the building.

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brian: fox news alert now. terrorist attack on paris foiled by french police. get this, four people under arrest at this hour, including a 16-year-old girl. makeshift bombs found in their home in southern france of the explosives are identical to those used in terror attacks in paris and brussels. that terror plot comes as paris plans to build a wall, eight feet high, around the eiffel tower. the wall would be made out of bullet-proof glass and mexico will pay for it. steve: i didn't hear that.

meanwhile what happens when jesse watters ends up in the middle of an anti-trump rally? watch this. >> said that black people are ignorant. >> he did? >> yeah. >> when was that? >> he said it -- change what i said? >> which nations are on the temporary travel ban list? >> well, as of right now i'm not completely sure about the actual countries. >> lebanon. [buzzer] >> many like, like, like -- steve: what are they doing. ainsley: they don't even know why they're there. >> jesse watters, the host of "watters' world" joins us live. impressive with the tv images. look at hundreds of people. put a microphone in front of them, look what you get? >> you get a lot of cricket. they walked out of class. i said what class are you missing? i'm missing math and missing a test. they were actually missing a test.

steve: those were high schoolkids. >> high schoolkids from new york city. their parents were cool with it. would your parents be cool with it? i highly doubt it. ainsley: that is the problem. brian: steph curry has under armour making mon a shoe and losing a ton of money. dwayne "the rock" johnson, not that i'm attracted to him -- >> clarify. brian: evidently they're taking on ceo kevin plank, because kevin plank says that donald trump will be an asset for business in america. >> steph curry reminds me a lot of hillary. golden state warriors up 3-1 in the finals and they choked at historic loss. i can see that i won't say bad about the rock. i'm terrified of him. everything he does is good. they're getting paid to support the company. you will trash the company? i rip up the contract. brian: here is kevin plank on cnbc. this caught everybody's attention. >> i think he is highly passionate. he is definitely, you know, to

have such a pro-business president is something that is a real asset for this country. i think people should really grab the opportunity. >> he is passionate. oh, would you, can you believe that? i don't even understand what is controversial. brian: because he is endorsing the president. >> that's right. this guy's, he is kind of toxic right now with some of these athletes. lebron won't even stay at trump tower. i don't know where he will stay. holiday inn. i don't even care. listen, trump is a businessman. it is good for business in america. probably good for under armour, right? under armour, they sell a lot of stuff. if trump gets in there to help things, more under armour. steve: tell the folk as little bit what is going on at duke university. they have apparently special training for the kids on how to be anti-trump and they got a guide and all sorts of stuff. what do you make of that? >> reading writing revolution i guess. you had the duke lacrosse hoax. now you have this, this school

is going off the rails a little bit. i don't know why you need a class to teach you how to be activist. tell you how to march and do a placard. ainsley: duke is competent sensitive. >> like 60,000 a year. i don't know if that's where i want tuition money going but go blue devils. brian: everybody is protesting everything these days. >> yeah. brian: there was a protest in utah, jason chaffetz event. a district he took3% of the vote in. you're -- 73% of the vote. you're not in protest but observing and talking to people. what is going on? we're a country that is upset? >> that is what the left has. they have protest movement. they don't have the house, senate and white house. they will rabble rouse and pick it. people will get tired, tune it out. all the hysteria. the boy that cried wolf. after a while trump will do something really crazy, people will be exhausted. they are not going to care. steve: occupy wall street and became occupy in little towns

and big towns. next thing you know people are bored with it. >> wish they do the occupy "fox & friends." we would have protesters everywhere. ainsley: delta offering jobs, 25,000. maybe these people will go to work. really? brian: do this, ainsley. ainsley: your show this weekend, saturday, 8:00 p.m. brian: bill o'reilly. >> bill o'reilly will enter "watters' world." steve: you've been working for him for years. >> been a tough week. had to pull in the big guy. he gets cocky, when he talks to me, waters when i come on the ratings go this way and when i leave your show the ratings plummet. brian: doesn't sound like the o'reilly i know. you caught him on bad day. steve: you forecast what people will say on a show that hasn't even happened yet. >> thank you, doocy. i hope everyone caught that thank you very much. brian: coming up straight ahead, speaking of protest, they're storming freeways overnight. what are they so upset this time?

deportation of an illegal immigrant. she is also a convicted criminal. steve: we're following the decision out of the ninth circuit court of appeals. was it all politics? i have a feeling judge pirro is going to say, yes. brian: the weekend army is here. ♪ here's to the heroes -- america's small business owners. and here's to the heroes behind the heroes, who use their expertise to keep those businesses covered. and here's to the heroes behind the heroes behind the heroes, who brought us delicious gyros. actually, the gyro hero owns vero's gyros, so he should have been with those first heroes. ha ha! that's better. so, to recap -- small business owners are heroes, and our heroes help heroes be heroes when they're not eating gyros delivered by -- ah, you know what i mean.

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steve: this is a fox news alert. last night the ninth circuit announced they were going to refuse to reinstate the travel ban. drudge has a headline right now, appeals court keeps the door open. our door is open, judge jeanine pirro from the weekend show. was it politics? >> oh, without a doubt. you know why it was politics?

it was politics from the get-go. the reason washington was a plaintiff in this case along with you know minnesota, wherever -- steve: washington state. the state of washington. they knew it would go to the ninth circuit, laughed at, left-wing, 90% of their cases overturned by the flights supreme court. everybody knew this was the place to go. from the get-go it was a political decision. ainsley: is there a chance it could be overturned? >> yes. you know why i think so, even though it is 4-4 right now. i think personally president trump should use "the nuclear option," get gorsuch on the court and start doing business. brian: they will delay gorsuch if they think that will happen. >> but he has "the nuclear option." this is, let me make one thing perfectly clear, if you are not a citizen of the united states of america, you do not have thed states of, period, end of the story. the president has a plenary authority, the power to

determine who comes into this country. all this talk about constitutional rights, if you were from somalia, i got news flash, you do not have constitutional rights in this country. and, congress agreed with the plenary power authority of the president in terms of national security and immigration with, what is it, 8 usc, what is it, 1182-f. when they said the president at anytime can make a decision to block an alien from coming into this country. so it is not about people with green cards. it is about joe schmo muhammad, doesn't have any vetting from another country where they promised to send in individuals and jihadists to kill us. brian: scmmo you muhammad the iii. that is little bit different. here is what trump responded. security of our nation is at stake. got so many other fights to v he has an attorney general to do this. let it go because front and

center are 10 issues and legislation from taxes to he repealing obamacare. don't you hope for the same thing? >> of course i hope the same thing and the country hopes the same thing. you know what? the viewers should not be distracted by the loud noise over here. america is very focused on what donald trump is doing. what he is doing, is exactly what he promised to do. and that is repealing, repair, whatever he will do to obamacare, protect law enforcement. take care of the immigration problem and deal with national security. steve: judge, it was three weeks ago today, we were all down in the washington for inauguration of president trump. >> yes. steve: aside from this speed bump for him he is having a pretty good week. everyone of his cabinet nominees has been confirmed so far. of course the democrats are slow walking it. >> right. steve: when it comes to jobs, jobs, jobs, ceos of the airlines were there, the delta ceo announced 25,000 jobs.

winning. >> winning without a doubt. we knew this. carrier, he didn't even get into the white house he was bringing jobs in. that is what america is listening to. america says wait a minute. we're going to work. we'll take care of our mortgage, take care of our rent and our kids college education. all of this noise out there is nothing more than that. ainsley: judge, everywhere we go i always see law enforcement, i know you guys do too. we thank them for their service. he is the president of the law and order. he ran on that. if you hurt an officer, there is zero tolerance. listen to this. >> we will do whatever we can to help you meet those demands. that includes a zero tolerance policy for acts of violence against law enforcement. we all see what happens and what has been happening to you. it is not fair. we must protect those who protect us. >> look, without a doubt, we

have to. and america is hearing that. because, law enforcement officers have had a target on their back ever since it started with the last white house and "black lives matter" and all this hogwash that is going on in this country going on right now. you know what the response to that statement by the president was, by amnesty international? quote, this order will not protect anyone, instead creates additional penalties that could cause people to be significantly overprosecuted for offenses including resisting arrest. got news for you. resisting arrest is a crime. if you resist arrest you should be prosecuted. so people -- brian: unless you're charles oakley. >> what? brian: unless you're charles oakley. >> this is the point. about time we enforced the laws. that is president is saying that are already on the book. the president is saying now, we have jeff sessions, our new attorney general. we're now in position to enforce laws to make sure people understand that law and order and justice is back in town.

steve: it is just more of those campaign promises that he said he would do and doing them now. >> without a doubt. steve: we'll watch you this weekend. >> we'll talk about what is going on with ivanka and nordstrom's. and i am not happy about that. >> steve: wear ivanka shoes tomorrow night. >> have a lot of them. they're great shoes. ainsley: heather with headlines. >> good morning to you. overnight the protesters blocking entrance to 101 freeway in los angeles in response to increased immigration raids taking place in southern california. this is likely first deportation of an illegal immigrant under president trump's new immigration process. guadalupe de rayos has been in america 22 years. she was prosecuted for a fake identity card. agents deported her. that is sparking protest.

her daughters two of them are protected "under the dome" act. they called the move to deport their mom unfair. rallying and rioting against police. you remember this? >> pig as in a blanket, fry like bacon. >> teachers encouraged to engage students young as five years old about issues facing african-americans in their community. the district said this is not tied to any protest or "black lives matter" movement set to take place up state in rochester. this cheerleader has a bad day. you see she falls. ucla cheerleading from the top of the pyramid. she false on the hardwood. tries to carry her off the court. he slips and tumbles face first. the poor cheerleader falls down once again. we're told she will be okay. i got this unwith.

i will take care of myself this time. somebody dropped her from the top of the pyramid. brian: looks like other fell. bad thing about a pyramid. if you one fall, one falls like a bad game of jinga with humans. like dominoes. i worry about the people in the back too, because all holding hands. other thing, i shouldn't the guy try to break his fall with somebody else, not the woman. but he has no choice. steve: split second. brian: how many times this happen, have a cheerleader in your arms and trip, try to save her, but if you turn to the side and grab your shoulder -- what is the correct way to fall if you have your cheerleader in your arms? steve: everybody is fine. ainsley: she is in pain today can, i'm sure. steve: probably sitting in inflatable doughnuts. ainsley: poor thing. we're glad she is okay. brian: ucla having a great year in basketball. so many of you were infuriated when colin kaepernick took a knee.

your outrage may be boiling over about the super bowl champion patriots. some refusing invitation to the white house. we're reading your comment next. steve: is snow blower you can fold up flat and a shovel that won't hurt your back. ainsley: hold on. >> steve: i needed them yesterday. to catch a contractor is here to ten you dig out the right way. ainsley: brian's wife shovels snow every day. brian is working. brian: even when it doesn't snow. ainsley: good machine for you. no matter who you are, a heart attack can happen without warning. a bayer aspirin regimen can help prevent another heart attack. be sure to talk to your doctor before you begin an aspirin regimen. bayer aspirin.

♪ steve: so it was just a week ago we were doing our program live pro houston in anticipation of the super bowl. both teams wanted to go. the winning team always goes to the white house. now that team, brian, is going to be patriots. brian: patriots getting guff, belichick, brady, robert kraft all consider donald trump their friend. they didn't want to talk politics. march telus bennett spoke up by

the way if we win i'm not going. steve: that was before. brian: that was before the game. five other patriots joined including howie long's son, chris long. legarrette blount, chris long, alan branch. they join, that makes five or six will not go. ainsley: also these three. brian: martellus bennett. donte high tower had the big play. others in the past. tom brady didn't go bass time in 2015. he had family commitment. ravens skip, they had five players skip in 2013 because they disagree with president obama. james harrison didn't go to the steelers. he said i didn't want to go to the white house. in the past there is always handful of guys. ainsley: we asked what you guys think at home. some have written us. molly on twitter says, another great example for kids. can't they show appreciation to other country to give them the opportunity to play football.

steve: it is their right. past years it was honor. america is divided it will continue to be. brian: in 1991 michael jordan didn't go. miss t, patriots put big boy pants on go whether they agree with the president or not. barry on facebook, only cheating themselves out of a memory most men will never live to have. respect the white house no matter who sits in the chair. ainsley: they are missing out. coach will go. you know tom brady will go. i'm sure owner, mr. kraft will go. they're missing a great opportunity to celebrate the great win and country. if they don't want to go do you think donald trump is losing sleep. brian: larry bird skipped a visit to the white house. if the quote president wants to he see me, he knows where to find me. how did that go over with ronald reagan? steve: it is unfortunate

politics would get so ingrained in our sports that these people are going to wind up missing a part of history. brian: doesn't get to be double figures. not a big deal. steve: more food for other members of the team that show up. ainsley: it is friday. i'm not losing sleep. if they don't go, what can you do? they have the right. coming up a shovel that won't hurt your back. "to catch a contractor"'s skip bedell is here to help you dig out the right way. steve: bill hemmer who lives in apartment building so he doesn't have to do that joins us live right now. >> you're right. morning, guys. happy friday. a big morning here. senator kelly ayote, she's been the chaperone for judge gorsuch. how are these meetings going? how are democrats reacting to him? she is live to talk about that. also did the court get it right or not on the travel ban. plenty of reaction on the ruling. senator james lankford read it. he will react. chris wallace on team trump's challenges in the early days thus far.

bernie goldberg on media and this white house. it's a big friday morning. see you in 12 minutes at the top of the hour.

♪ ♪ hang on sloopy, hang on steve: should be scoopy. i broke out the shovel with my daughter sally. ainsley: that is cute. you could have used some of these things. brian: guess who is here, expert on everything, the guy with earmuffs, host of "to catch a contractor" skip bedell with cool products to save our backs with snow shoveling day. >> home depot has great products to help you do just that. snow removal is really important to keep the house safe.

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>> two rechargeable lithium-ion batteries. steve: what a great idea. >> show you how great the thing works. watch how you do this. easy start. steve: i want one of those! >> power of gas. don't need the gas and oil, exhaust and noise. super quiet. steve: you have to mix oil and gas. >> folds up for easy storage. light weight. great unit, awesome in the garage. make any snow removal job easier. steve: our roof here is 65 stories up. >> that is a little high. steve: if you have a lot of snow on the roof you need a rake. >> a lot of people forget removing snow from the roof. keep the snow off your roof. this is true temper snow rake. this extends all the way up. you can stand on the ground, remove snow on on roof. prevent it from damaging your

roof. check out the true temper snow rake. steve: there was a lot of wind yesterday. might not have electricity. >> power lines coming down with heavy snow. this is generac 22,000-kilowatt standby generator. home depot has great installation service. they hook it up, when power goes off, it automatically comes on. ainsley: how much are they. steve: i have a text message. buy the snow blower. ainsley: dawn, he is coming home with this 600-dollar thing. you have to buy it. >> that thing is awesome. ainsley: when you work at morning show. his wife is at home shoveling. steve: i did a snowball. >> real quick. this is awesome, portable generator. newest technology. gas operated, 13-horsepower. this will power up your house. not only does it work on gas. what happens when the power is out. gas stations don't work, pumps don't work right?

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♪ ainsley: are we on right now? we're on. steve: pretty much cleaned up rockefeller center. we're going to the suburbs. skip, you will be in after the

show show with adam. brian: skip is out of money. he needs some help. crash his site. steve: foxnews.com. "after the show show." ainsley: have a good weekend. happy friday. brian: going outside, don't wear a shirt. ♪ ♪ >> we cleaned up rock -- rockefeller center and now we'll go to the suburbs. skip is out of money and he needs help, go on his website. >> have a great weekend. happy friday. >> stay within yourself, everybody. if you go outside, don't wear a shirt. >> bill: good morning. we'll see you in court. those words from president trump as he loses a legal challenge on his temporary travel ban. it's a big story this morning. a lot of fallout on a friday as we say good morning. i'm bill hemmer, this is "america's newsroom." >> i'm melissa in for shannon bream. a three-judge panel in a unanimous vote refusing to reinstate president trump's executive order banning travel from seven mostly muslim nations. president trump makes it clear this fight is just getting started. >> it's a political decision. >> do you believe the judges -- >> we have