>> jon: we will be back here and one hour. >> jenna: "outnumbered" starts right now. >> sandra: fox news alert, we are waiting president trump's news conference. he is said to arrive at any moment. he will likely be asked about a federal appeals court refusing to reinstate his travel ban. this is the commander-in-chief vowing to fight on saying the nation's security is at stake. at this is outnumbered, i'm sandra smith here today, meghan mccain, cohost, melissa francis, fox news contributor and founder, tayla kyle is here and mike huckabee and you are outnumbered and always welcome sir. >> mike: great to be back with you guys. >> sandra: let's get started

as we await the arrival at the white house. we begin with trump's temporary on travel which remains on hold after a three-judge panel on the ninth circuit ruling unanimously that the trump administration failed to convince the court that national security concerns justified a reinstatement of the ban. democrats, quick to hail the ruling. >> i was pleased to see that our checks and balances system is working. at the executive order, i thought, made us less safe so i was pleased with the results. >> he violated our values with a span. he made us less safe by giving our enemies more propaganda, by trying to make this about muslims and not make this about our security of the country. >> this very powerful victory sends a message, i think, to president trump. rip up this order.

>> sandra: the president's response as you can expect, very direct and on twitter, by the way. see you in court, the security of our nation is at stake! then he spoke to reporters briefly after the decision was made. governor huckabee calling it a political decision. it >> mike: it was a political decision. he has the right to make the decision and he made it. do you notice it all sounds like they read from the same page hashtag they used exactly the same words. why don't they just have one democrat talk and the others set up and say ditto? that's what they do. if they read the same, exact words. i hope the next move is to issue another executive order. if the first one was valid and

it was and we know that, because of the fact that you now have 1,100 people pouring in, trying to get in -- most of them, 77% from those seven nations. it's clear they're saying, the doors open, let's go and while we can, i think the president needs to say i'm in it then, i minute now. sue me, go ahead. it knock yourselves out. if this is about protecting america. it's not about banning muslims. >> sandra: speaking of reactions, hillary clinton tweeted this immediately after the decision came down. "3-nothing." kellyanne conway tweeted out from the trump administration directly following that, . >> mike: i thought that was a chinese restaurant.

thank you, i was really confuse confused. >> meghan: nobody doesn't like kellyanne conway. she will get gangster with you all day long. we are at two and a half or three weeks and two donald trump's administration. this shouldn't be politicized, that should be about national security and the safety of our country. i think when the democrats make it so political, it seems like maybe they aren't invested in our national security the way same way president trump is. i don't know why we can get on the same page that there are bad guys in the world who are trying to kill us and a lot of them are coming from some of these countries. why can't we just take a pause? i have a few concerns about this band, i don't understand why taking a pause, taking a breath and stop politicizing this. >> tayla: 90% of their rulings are overturned.

90%. obviously, they're not practicing good laws, more politics in that particular are area. it is in the next step to take edge of the supreme court and hope they actually rule on the constitution, instead of what these guys do? what exactly about this -- i would like to hear specifics because i don't believe it. that's what terrorists are building their case on. they're claiming terror attacks long before this. >> sandra: governor, can i cut in for one second? i would never do that unless someone was arriving at the white house. japanese prime minister is the next world leader to sit down with president trump at the white house. i'll be meeting in the oval office. as we know, they'll also be holding a joint news conference.

here is the president greeting him outside the white house. what a big moment, i want to bring you in as he watches moment happen. it is likely that he will want to talk to trump about trade, economic issues, their relationship in general. what do you expect to come out of this? >> mike: i expected to be a great meeting. trump is a very warm guide to have a conversation with. the world leaders are still totally worried about who he is and what he's going to do. they just don't know. it they're scared. not scared in a frightened way, they're scared because they don't know him. he has not been a politician. i think that's one of the greatest assets he has as president as he has everybody off balance. >> meghan: can i ask a question? what is it specifically about shinzo abe that trump likes?

he met with him before he was inaugurated. he has had some contentious conversations, what is it particularly about japan that he finds interesting and compelling to meet with them? is there any way that he could come out and make a statement saying we have a great relationship with donald trump and the united states can quell some of the anxieties from other world leaders. >> mike: i think both nations are entrepreneurial in nature, focus on technology and innovations, both of them frankly, have had difficulties in dealing with china. i think that's a common ground. >> melissa: i think one thing that has been so eye-opening for the american public, especially if you tune in and listen to that conversation is how much room for interpretation judges believe they are in and the law. i was shocked by the back-and-forth, the questions that were asked, they didn't seem to be related to what we had been talking about.

it brings our focus back to this next appointment. how important it is to have a judge on the court who aligns with, if you believe in strict interpretation of the constitution law or if you believe those judges that sit on the court to legislate? >> meghan: the confusion too, is it black and white written an email question regarding that's where my confusion lies. the trump administration failed, but they are using rudy giuliani and some comments made. i just don't understand why there is no delineation. >> melissa: they ask about the evidence that the ban would help anything. here's a list of people that have come to this country and been convicted who are in jail because of crimes against the state and doing various terrorist acts for isis. they had no evidence at the time, there's a lot of evidence.

>> there is a chance we will hear the president address this. governor huckabee, what about the first key aspect listed in this ruling? of the government has pointed to no evidence. >> mike: the first of all, it's not true, secondly, he doesn't have to. the law says if he believes there is a threat, he has a responsibility, not just a right, spohn's ability, to act. if the judge didn't have the benefit of national security briefings. if these judges want to legislate, then let them take off the robes, go run for congress and deal with it. they were arguing campaign rhetoric. if courts are going to start adjudicating, then it there's not a politician in america who will be overturned. they'll be put in jail.

>> tayla: they dismissed the case, wouldn't even hear it, they said there were "unspecified terrorist concerns." why in 2009 is that enough? now they're like we want hard proof and names. >> meghan: the rollout of this was clumsy to put it nicely, there are great people working for president trump, his daughter being one of them, who is incredible at her job, that's why she's working for him right now. how can the next rollout be seamless and communicated for the public to realize this is in a muslim ban, this is for national security. a space and i think the fact that we didn't have an attorney general, jeff sessions, he

didn't have a job. we had it someone who had to dig deep into the for someone to argue it. that has to be part of it. the other thing that i appreciate, donald trump has been president for 21 days. as of today, 21 days. at this is a guy who's done more in 21 days then most guys do in 21 months. he will make some stumbles, but i think everybody is happy that he came in full throttle, he didn't say i'm going to sit and bask and look around the white house or max three weeks. he has been working hard. why did he do this executive order? because he things will make america safer. frankly, i like that he's going to take those actions. i don't think if you would have had calendars arguing before the court, it would have made a difference. at the ninth circuit was going to throw it out anyway.

>> tayla: i think people should read that executive order, by the way. i think people would be celebrating the fact that he'll say anything about muslims in there. also, we don't want people in the united states who have bigotry and hatred against genders and different races or religions. they say look at what president obama is doing, it's right there in plain english. it's not long. >> sandra: governor huckabee, something i want to bring in, we are awaiting the meeting in the oval office between shinzo abe and president trump. this will precede the news conference where this will all be asked of the president. that being said, japan, united states fourth largest trading partner. u.s. had a 60

nine this going to be a huge discussion of these two will be having the oval office coming up. >> mike: one of the reasons i'm hoping donald trump will go ahead and push the tax reform through congress, don't wait around on this. get this done. as larry the cable guy would say, get her done. the very prospect -- the stock markets screaming towards the sky. unbelievable. >> melissa: you know better than anyone with the markets are listing four. blake berman asked the follow-up question, asking about when are we going to see that reform and now the markets i've heard that in the next 2-3 weeks, he said it will some plan. >> sandra: prime minister shinzo abe meeting with donald trump, our president at the white house.

we'll have more from that coming up. coming up soon, the present will be holding a joint news conference with the japanese prime minister. he is expected to respond to the ninth circuit ruling we discussed here on the couch. plus, seven down, eight more to go. trump getting his cabinet confirmed, the slowest in decades. our democrats to blame? if so, why the strategy could backfire. (vo) this is not a video game.

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>> sandra: we are just moments away from shinzo abe meeting with the president at the white house. it just moments ago, we saw them walking into the west wing entrance. there will be meeting in the oval office as you see them now. they are having a discussion about many things, obviously about trade, economic issues, working on their relationship, discovering what that will be. of course, all of this as the economy, business, trade, taxes, all essential focus of the japanese prime minister and the u.s. president, shaking hands and the oval office. obviously, this is an opportunity for cameron to get that photo opportunity before they meet. they are at the oval office, all

of this meeting ahead ahead of a joint news conference. we will carry that i had to live. we will be able to get reaction to the decision by the court last night. >> melissa: as you said before, this is key trading partner and someone who has been more amenable to president trump. you can see in the body language between the two of them, very friendly. >> meghan: definitely a tone difference. there shaking hands and bro-ing out. >> mike: you see these moments, and they're so awkward. they play it up for the camera. you sit there and holding hands and it's like, if we say here much longer, i have to get a ring for you. let's let go.

>> sandra: will bring in that press conference when it happen happens. >> meghan: meantime, the trump cabinet train is rolling on despite's democrats efforts to derail it. just moments ago, tom price was placed in position to lead the way to dismantling obamacare. democrats, like chuck schumer, issued this dire warning. >> make no mistake, in the dark hours of the early morning, with the confirmation of secretary price, the republicans launched the first assault in their war on seniors. the war on seniors begins when we select second price over our votes as secretary of health and

human services. it >> meghan: meantime, the g.o.p. moving closer to confirming steve mnuchin for treasury secretary. his confirmation set for monday. right now, the white house has only seven nominees confirmed. despite all the slow tactics, democrats have not had any success in derailing any of the president's nominees. raising questions over the political fallout for the democratic party. i saw you waving her finger at chuck schumer. it >> mike: he's talking about how dire it's going to be for seniors. seniors were asleep. this is political theater. chuck schumer should be ashamed of himself. i don't agree with the proposal that a lot of republicans put out there about medicare, because i think you just gotta forget that were not going to change it, not privatize it, so quit talking about it.

tom price is immensely qualified to be health and human services secretary. he is one of the few creative minds and innovators in the congress who has come up with ideas to fix and replace obamacare. chill it. >> meghan: he is one of the architects of repeal, correct? it >> mike: absolutely. he understands it from the depths, not just because he was an orthopedic surgeon, but because he combined those skills and he spent a lot of time talking to doctors all over the country and hospitals. i think he is one the most knowledgeable people. >> melissa: most of the reforms have to do with not forcing a mandate, not making people buy more coverage than they need. that takes a lot of money out of the system. so then, how do you pay for the people who use a lot? one of his ideas has to do with fooling those people across state lines, but if we're going

to be directing government funds somewhere, direct the funds at people with pre-existing conditions as opposed to forcing people to buy more insurance than they need and subsidizing that. that doesn't help anyone. >> mike: is the only way can work. because you have to pull the very high-risk, high cost people out of the system, otherwise the system collapses within itself. you cannot pay enough money and premium for that to work. >> sandra: when you look at the snail pace of confirmations that have happened so far compared to previous presidents. when you talk about whether or not this will backfire on presidents, and what way? >> mike: he is not getting the courtesy of picking his team that obama got and even george bush got and clinton god. there is always a difference, unless you can find something criminally wrong with the person, you say, this is in the

guy i would pick, but this is the president, he is a chance to put his own people on the field. that's how this works. i hope they keep doing it, because everyone will get confirmed, the votes are there. every one of them. it may take a week or two longer, but they will all be confirmed and then will be up your nose. a [laughter] >> meghan: on that note, the white house should make a that supreme court nominee neil gorsuch criticized trump for criticizing a judge. gorsuch's confirmation is taking on new urgency. plus, new information on mr. trump's push to build a wall along the u.s. border with mexico. it why the report could raise concerns on capitol hill. rianne. it was her french name. then she came to louisiana as a slave. i became curious where in africa she was from.

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>> sandra: a fox news alert, we are waiting at president trump's news conference where he is expected to questions on the ninth circuit court ruling blocking his travel ban. when gorsuch said attacks on the court made him feel disheartened and demoralized. watch. >> the judge was very clear that he was not commenting on any specific matter. that he was asked about his general philosophy. you can't, take that back and equated back to the specific. he literally went out of his way to say i'm not commenting on a specific instance. >> sandra: spicer says the media was not concerned when president obama called out his supreme court decision during his 2010 state of the union address. >> at some point, it seems like there is a double standard. at one president obama didn't, there was no concern.

when he doesn't, it's a ton of outrage. >> sandra: amid all this, there is now speculation that the travel ban ruling could eat up gorsuch's confirmation process. let's go back to sean spicer saying there's a double standar standard. >> mike: i'm shocked. shocked at there's a double standard, but there is a double standard. i remember when the president made that comment about the supreme court and they cut away and they had one of my favorite justices who moused "not true." you don't have to see it. you didn't have to be a great liberator to see it. it was a shocking thing to have the president just down the supreme court, not because they wanted to, because they had to show up. for the press to say that was okay, but donald trump to challenge, not a supreme court decision, but a federal district judge out of the state of

washington -- the fact that this one judge could overrule the president of the united states on a national basis is on its face disturbing. >> melissa: then you go to the explanation that sean spicer was saying he was talking about attacks in general on the judge's integrity. this wasn't about anyone case. by the way, this echoed the comments that kellyanne conway made in a statement she put out yesterday morning explaining the president's comments. >> melissa: at this point, everything in washington is contrived and planned. i feel like it, speak any form making these comments is his way of distancing himself from donald trump and getting him credit with people who don't like donald trump. it's helpful to his case of getting on the court. i think that's why it's out there right now. i could be one step two clever, although i don't know. >> meghan: nothing is off the record anymore.

i love the idea that every thing is quiet. gorsuch got "passionate." i think it's all political as well. is it totally brilliant politics? i would say not entirely, because you are making an enemy within the trump administration. he's so qualified in every conceivable way, there's no need for this kind of politics in my opinion. >> tayla: will be likes to be attacked, right? i don't think this is the first time he's been criticized. if they really want to change that idea that trump has, then do your job differently, do it better. make decisions based on law instead of your opinion and politics that they just did in the ninth district court. let your actions stand for themselves. >> sandra: what about the speculation that this could beat up the confirmation process? >> mike: i think it will. i think republicans now have a

greater reason to go inside the senate and say we're going to go ahead and confirm him on a majority vote. we're just going to get it done. if we have to have a court that will interpret. i think it's come to that. for the senate to wait around for the democrats to come around, forget about it. you've given them a mandate, you got the majority house in the senate, act like it and make this country safer. >> meghan: by anybody's standard, he is scully is rightful heir. an estimated timeline for trump's wall revealed. the department of homeland security says the wall will cost nearly $22 billion, it would extend for over 1,250 miles and it would take more than three years to build. with completion expected by the end of 2020. it during his, president trump said the wall of cost between $8,000,000,000.10 billion, later

saying it would be $12 billion. he also said it would take two years. the new report would be given to secretary john kelly in the coming days. governor, i'm going to go to you. does it bother you that the price goes up? >> mike: no. give donald trump some credit. this is a guy who has a wonderful history of bringing things in ahead of schedule and under budget. i would put my money on donald trump getting that wall built for a whole lot less and the government says it's going to cost and doing it much quicker than it's said to be. >> meghan: when do you think will break ground on this? >> mike: probably in the next -- i think right away. i don't think the president is going to let a lot of grass under his feet on this one. one thing he has been doing is keeping the promises he is said and it doing very quickly. i think it will start quickly and we'll see the wall built. >> sandra: pretty quickly,

he's already estimated that this will be done in the next two years, right? >> mike: right. of my goodness, if we want to do something, do you think we would do something? what did they do? >> sandra: i do think it's interesting how patient people have gotten with the results. if we are right now at the end of week three and their people screaming, why haven't you gotten to my thing? certainly, my sole focus is on tax reform and on the economy, but i think that helps all americans. i think that's what the president needs to do. he was elected among economic issues. if we have to remind ourselves, we are only three weeks in here. >> tayla: we do know one thing for sure, if anyone can stop it, they will. if there's anything that can be

done to stop or slow down the process, they'll do it. i'm interested to see who tries to stop him, how they try to stop him, and how long it actually takes. >> mike: the good news is, those regulatory bodies now work for him. they can tell him to stand down, shut up, get out of the way, and we're going to build a wall. good luck. if that's what he's going to do. >> meghan: some lawmakers from both parties now calling for an ethics review after president tom's advisor kellyanne conway promoted ivanka trumps brand during a tv interview. do you think, crossed the line? that's next.

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>> sandra: we are awaiting a joint news conference. the president is expected to take questions at this conference, suggesting shinzo

abe and president trump will be holding that in just a few moments. lots of questions asked what come up. if the immigration ban will certainly be discussed. likely happening right now in their private meeting in the oval office. we will bring that to you live when it starts. >> melissa: knew followed in the controversy of retailers dropping the first daughter, ivanka trump. it now conway under fire for plucking ivanka's brand inane national tv interview. in a remarkable rebuke to the white house, the two top lawmakers on the house oversight committee, jason chaffetz and elijah cummings firing off a letter for review after 27 and a half democrats urged jason

chaffetz to take action. here he is facing a hostile townhome, by the way. >> we sent a very candid, very direct letter to the white house. they need to investigate it. it kellyanne conway was wrong, it should never happen again. >> melissa: sean spicer says conway has been canceled on the matter. >> where is that letter? i'm just really happy that i spent an awful lot of time with the president of the united states this afternoon and that he supports me 100%. i can say is at some point in your life, you ought to have a treated me the way that the president of the united states treated me today. >> melissa: she also tweeted this morning, the president supports me, millions of americans that support him his agenda. the trams get it from both

sides. on one hand, why cut the trumps, they have to sell everything they're involved in. they can have a conflict of interest. on the other hand, they're profiting from being in the white house. he's singled by her brands. which one is it? >> meghan: whatever there their business' involvement is, i was tweeting that i didn't really care about nordstrom's and i was more concerned with what's going on in syria. that being said, my father is a public figure and i have always known and grown up knowing that you can endorse products. you can't say i'm governor huckabee while you're sitting in office and i'm selling blank. i did so yesterday i have a problem with the white house banner behind her saying this is a commercial for ivanka trumps products. clearly there has been recourse because of it. >> melissa: do you think it was an accident?

>> mike: she didn't say there is a 2 for 1 special if you mention my name. that would be a problem. i think what she did, and an early role in a government job, let's keep in mind, she's only been there for 21 days. i think it was tongue-in-cheek, if you want to do some thing about it, go by her dresses. technically, it's a problem do i honestly believe that this is something that we should stop the presses and give her a frog marched down pennsylvania avenue to the courthouse? a good heavens, no! >> meghan: is giving ammo to the left towards not needed. >> sandra: the white house said they counseled her. obviously there were some serious discussions there were had in the white house. what more are they looking to see happen here? >> mike: the take away from all this for me was how

donald trump obviously handle this. standing behind the people. how often is it that they politician gets criticism and he throws one of his people completely off the boat and lets them drown? this is a guy, remember when the person who worked for melania wrote a speech? did he fire that person? no. he stood by them. it donald trump is a lot of people around him who worked for him for 30 years, 25 years. that says a lot about him than all "the new york times" headlines ever say. >> melissa: going back to my conspiracy theories this hour. any given day, there is one nonsense story out there that a lot of the media focuses on. it's always something silly. whether it's the size of the crowd outside the white house or its this. were they selling ivanka's products? there's always a story that the left-wing media dog chasing its tail type of thing that keeps them busy. is that intentional? is that, this is the shiny

object? >> meghan: i think she made a mistake on camera and she's misspoken now a few times with that massacre that didn't exist. i know people that are working in communications. they are great people who would make mistakes like this. she has to stop making errors like this. >> tayla: lesson learned. i think right now we are at this place where we all think we are perfect and everyone else should be perfect. we're not perfect, we are human, we are flawed, we make mistakes. granted, she should be very careful and not be so flippant. like you said, she's been counseled. thank god i was given a break sometimes when i made a mistake. >> melissa: the news media taking a hit as a poll finds

president trump's more trusted than reporters. does this show many americans see the media as pushing a liberal agenda? will get into that. plus, president trump is expected to respond to the ninth circuit's ruling on his travel ban. keep it right here. tech: don't let a cracked windshield ruin your plans. trust safelite. with safelite's exclusive "on my way text"... you'll know exactly when we'll be there. giving you more time for what matters most. (team sing) safelite repair, safelite replace. by simply enjoying it. boost® simply complete. it's intelligent nutrition made with only 9 ingredients, plus 25 vitamins and minerals and 10 grams of protein. and look where life can take you! boost®. be up for it.™

>> meghan: more "outnumbered" in just a moment. but first, jon scott with more what's coming up in the second hour of "happening now." >> we are waiting that press conference. plus, town halls turn heated, but is not the tea party this time around. it's liberals upset over the study erasure of obama era policies. it will get into that ahead happening now. >> meghan: looking forward to it. president trump hasn't said he is at war with the media and according to a new poll, americans are on the president's side when it comes to who tells the truth. the poll shows voters are evenly split with 49% saying it's truthful and 48% saying it's not. when it comes to the news media,

the gap and trust is wider. only 39% say it's truthful with a majority 53% saying it's not truthful. when it comes to distrust of the media, republicans far outstretched democrats. 80% of g.o.p. voters say the press is not truthful. that tells us so much about the election last year. if >> mike: the trumpet versus truth, not truth, the fascinating one, not about so many people don't believe them, who are the 39% that do? i really wonder about that. a lot of the u.s. seems to me like the person at the u.n. without a headset. it's like there are clueless and if they think the public loves them, they don't, they don't trust them. donald trump is eating their lunch every day. >> meghan: when you have "the new york times" freely

admitting that they don't understand religion in america and they need to hire a new journalist to understand, they don't feel the way they do in this country. your complete and total breakdown of trust within the media. if you have the media coming end and saying we don't understand red america, we have no conscious understanding of it, of course that will break trust. >> sandra: by the way, this is just one pole we saw. a gallup poll showed before the election at that 32% of the americans trusted. we are looking at a live picture of the white house, waiting for the joint news conference with the japanese prime minister and the president. >> tayla: i think he goes back to what we were talking about. more on seniors and what's being reported. some of it, the reporting what other people are saying. at the rhetoric and over and over again. if they kept saying obamacare is doing great, studies show that people are saving money, and people at home are saying, no i'm not.

i haven't met one person yet from different income levels that say they saved money with obamacare. that's why the public doesn't trust, because they're living a different reality. >> melissa: it's so interesting. president trump has done market branding exercise in the media that he did on everyone else. there was the sensation out there that "the new york times" and other papers -- he drove at home and branded the media fake news and delegitimized their claim and they were saying he's not real and he's lying. he turned it back on them and he delegitimized them. it's very interesting. people either believe the media or believe him. it's a powerful message to say you can't trust newspapers any longer, come directly to me and i will tweet out the truth. it's a little dangerous, it's very powerful. it is interesting, he's done

something that no other politician has been able to do. he's cut out the media for a lot of people, not everyone, but a lot of people. >> mike: is and that was happening in the total marketplace? why do people shop at amazon? they don't have to go through a middleman. this is politics almost mimicking what's happening in the rest of culture. people don't want to depend on someone to give them someone to someone to someone to someone to the product. >> meghan: deeply liberating as i'm sure it has been for you. you see the biased front and center. you know how they talk when the cameras are off. to have them expose the deep bias and have them do it in such a way that's been a fire, it's the thing i love most about donald trump. the fact that when you're behind the scenes and you say this person's a hack, they're going to write negative stories no matter what. he expose that. now the media is finally having to pay for it and i love every

moment of it. >> sandra: we are waiting that news conference to begin, and joint news conference with japanese prime ministers shinzo abe alongside our president donald trump. it shall take place in just a moment from the white house. what will be key is if we do here the president, about that rule last night to reinstate his travel ban. it will ask about that totaled new car.alue ofr the guy says, "you picked the wrong insurance plan." no, i picked the wrong insurance company. with new car replacement™, we'll replace the full value of your car plus depreciation. liberty mutual insurance.

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>> we are awaiting this news conference with president trump in the prime minister of japan, sure he will talk about the travel ban pure governor mike huckabee, great to have you on. >> great to be here, thank you. >> we are back monday at noon eastern. "happening now" starts now. >> jon: we begin with a fox news alert, minutes away from the joint news conference between president trump in the prime minister of japan shinzo abe. welcome to the second hour of "happening now," i am jon scott. >> jenna: i am jenna lee, that news conference set to start and a half hour following a bilateral meeting of the two. you sought live on fox news they met in the oval office, he says he wants to but a relationship with mr. trump come up with trade one of the issues near the top of the president's agenda. >> jon: kevin corke is live with a map of today's events. >> get to talk to you, my