>> where is your flag? >> the fox and friends flag? >> there it is. >> that's right. live from the "fox & friends" headquarters. that its for today. see you back here on the couch tomorrow. >> bill: let's start with a fox news alert we're watching the situation closely. dire matter in northern california. 200,000 people force evidence from their homes this weekend because of fears the country's oroville dam out of san francisco might give way. the dam is holding strong but an emergency spill way could unleash massive floodwaters on several communities down river. we'll have a live report from the scene as we watch this developing story on a monday morning. first is there a new immigration order in the works now? the white house striking a new defiant tone about the travel ban. all options are on the table and news on this could come at any moment. hope you had a great weekend in february.

welcome to monday. i'm bill hemmer. look who is back today. nice to see you. welcome back. >> i'm shannon bream in for martha maccallum. president trump says america's security will not be compromised. white house says it is examining every angle. >> we also have a lot of other options including filing a brand-new order. could very well be. i like to surprise you. we need speed for reasons of security. so it could very well be that we do. >> bill: there is this today. president trump facing on unexpected test from north korea. they conducted another banned ballistic missile test this weekend. president trump responding with an affirmation of our strong u.s. ties with japan. the u.s. also requesting an emergency meeting with the u.n.

security council in new york that could come later today. >> we begin the john roberts. let's start with the travel ban, the travel pause, whatever you want to call it. a defiant tone from the white house. >> good morning. the president not backing down one bit in his plans to increase the vetting of refugees or other visitors or immigrants who would come into this country. we don't know what they are planning at this point. they've had the weekend to think about it. a couple of draft executive orders floating around for a while, one of which would abandon the obama era plans to close down the detention facility at guantanamo bay, cuba, and instead keep it open indefinitely. on the immigration ban the white house trying to determine the best way forward. the one thing they don't want to do is lose twice in court on this because the p.r. blow against the executive order could be irreparable. one option is to write a new executive order that was specific carve-outs for people

like legal permanent residents and who might be in the country already on an immigration, work or student visa. a lot of people had problems getting back into the country after the executive order. according to the president's top policy advisor, stephen miller, all options are on the table. >> we're pursuing those options, an emergency stay at the supreme court, continuing an appeal with the panel or going to the trial court in the district level and trial on merits and also include the possibility of new executive actions designed to prevent terrorist infiltration of our country. >> something could come as early as today or more likely a little later on in the week. something else interesting going on, shannon, late on friday if night one of the judges from the 9th circuit asked for the entire circuit to vote on whether the case turned

down by the 9th circuit on the temporary restraining order should be heard on bonk with a panel of 11 judges reviewing it. the white house and opposing states have been asked for briefs and have until 2:00 thursday to file those. folks at the white house they think because the court is asking at this they may go that route, there is nothing to lose. >> it could be a winning strategy for them even though they aren't the ones instigating it. president trump also reacting to a new threat this weekend as north korea launches another missile. >> typical provocation testing the new administration to see what the response is going to be. it happened when the president was hosting the japanese prime minister abe. the response from the president more muted than the japanese prime minister but a promise to stand side-by-side with japan. >> i want everybody to

understand and know the united states of america stands behind japan, it's great ally, 100%. >> today the business on the table at the white house in addition to the immigration ban, what to do about the president is hosting the canadian prime minister justin trudeau launching the u.n. council for women entrepreneurs and business leaders. prime minister dreamy is coming to washington >> watch out. it could be a busy day at the white house. all right, john, thank you. >> bill: let's talk to byron, good monday to you. immigration, what is your best guess on this? >> as you heard john and the president say there are a whole lot of options, but i think the idea of amending for writing a new executive order will

probably happen. this is the reason. if you look at the transcripts of court arguments and the briefs filed in this case, this is what happens. we know the original order did not have an exception for so-called green card holders, legal permanent residents. it didn't have one. so then the white house counsel issued guidance saying well, this order does exempt green card holders. the court says that's nice if the white house counsel says it but he could change it at any time. the order says what it says. so i think to get around that problem, you are likely to see the white house come up with a new executive order or amend the one that was put forth. >> bill: john was reporting there maybe it comes today, perhaps not. >> well, they didn't -- part of the problem with the executive order they didn't take enough time doing it to begin with. so they do make the case that there is an urgent need for security of people coming into

the country from these seven affected countries. on the other hand, they don't want to just get ahead of themselves again and so taking a little more time to make sure they have everything right would probably be a smart thing to do. >> bill: let me move to north korea. several weeks ago a tweet came from donald trump he concludes it won't happen. there was a test over the weekend. no indication it was an icbm that you would need to reach hawaii. when you look at his measured response with the japanese prime minister, even "the new york times" wrote this, if north korea was testing the new president, then mr. trump seemed intent on showing he would not be baited into a confrontation every time an american adversary tried to provoke him. your analysis. >> the question of what he

could do or what he could threat en. the united states and other countries have already put a lot of sanctions on north korea, probably one of the most isolated countries in the world. more support for missile defense. a lot of what you could do about north korea has already been done. i would contrast this with the president's reaction when iran tested a missile and the white house immediately said they were putting iran on notice and remember, we all talked about what on notice might mean. in this case, much more subdued. but a strong show of support for japan with the japanese prime minister standing right next to the president. >> bill: thank you, byron. we'll dig in deeper in all this today. thank you, sir. analysis there in d.c. >> we'll get more reaction from the white house right here live. press secretary sarah huckabee sanders will join us next hour as we develop all these developments. >> bill: it is an interesting

response from byron when you look at the response with iran and michael flynn coming into the briefing room. much more muted regarding north korea. >> there are lots of options and all on the table. >> bill: you were at the beach. now you come back to gray, beautiful new york. >> you have to love it. i missed you. glad to come back. >> bill: making national security priority president trump promised a return to the reagan foreign policy doctrine. >> president trump: as the general was speaking about ronald reagan, he said that wisdom comes in three very, very strong words, peace through strength. >> bill: now you have a missile test from north korea putting president trump to the test. how should he respond? former u.n. ambassador john bolton is up next on that today. plus there is this this morning.

>> protestors on both sides of the obamacare issues demanding answers, reminiscent of the obamacare protests of 2009. the coverage this time, yeah, is very different. we'll discuss that. then there is this. >> bill: these officers putting their lives on the line to save the life of a man trapped inside a burning truck. their dramatic rescue and how that man is doing in a moment here still ahead. introducing flonase sensimist. more complete allergy relief in a gentle mist you may not even notice. using unique mistpro technology, new flonase sensimist delivers a gentle mist to help block six key inflammatory substances

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>> shannon: diplomacy on the docket for president trump. he will meet with justin trudeau today. trade a major issue with the trump administration wanting to open talks on nafta and hosting benjamin netanyahu at the white house later this week. >> bill: how will the white house respond on north korea? ballistic missile launch raising tensions yet again in asia. so this happening as president trump is meeting with the japanese prime minister over the weekend in florida.

traveled a few hundred miles before crashing into the sea of japan. that launch widely seen as a test of the new president by kim jung un. the white house on saturday responding this way. >> the message is that we are going to reinforce and strengthen our vital alliances in the pacific region as part of our strategy to deter and prevent the increasing hostility that we've seen in recent years from the north koreaian regime. >> bill: john bolton, good morning. what did you think of president trump's response on all this? >> it was important he give a strong response with japanese prime minister abe standing beside him. abe called the test unacceptable and trump said we're 100% behind our ally.

>> bill: would you expect this fledgling white house to do about it? >> it has to reverse eight years of an obama policy called strategic patience, doing nothing. this north's continuing effort to make a nuclear device with a ballistic missile to hit the united states. this particular missile not long range enough but they are getting the capability to do it and we're running out of time. the immediate provocation here not worth a different response than what we got from the trump administration but putting a strategy in place to deal with this threat, which is growing more and more severe day-by-day i think is a very high priority. >> bill: i thought byron's comment was interesting. why do you put iran on notice two weeks ago and yet the response in this case is more subdued. >> the threat from the north is more acute.

they've detonated five nuclear devices. we know they have that capability. they don't have a capability to put it on american targets. the difference with iran is the obama administration nuclear agreement with the other members of the security council in germany, which trump was unequivocal during the campaign he found utterly unacceptable. what flynn did properly was say to iran there is a new sheriff in town. we aren't going to put up with this. implicitly he was saying don't count on this agreement being around much longer. >> bill: we read "the new york times" how they're assessing trump's response. a direct response to president ronald reagan and what president trump candidate talked about during the campaign. do you see an interpretation of that statement so far in his response be it iran or north korea or elsewhere? >> the president's policies in specific are are consistent

with a peace through strength approach. he needs to do a lot more. i think the real ons now is on defense secretary mattis after the dep revation of the obama administration. >> bill: mattis was just in asia last week. south korea and japan. >> talking to them about not only the north korean nuclear threat but the chinese approach in the south and east china sea. an urgent requirement for the administration to develop a strategy to say you aren't going to create a new chinese province in the south china sea. >> you saw the way the relationship unfolded. little progress over the next eight years. you get china to effect north korea you're at a sale mate. having said that you have this photo with president trump and

the prime minister of japan spending two days together and playing golf and apparently having a good time together. i would assume that they talked about missile defense in japan just like it has been talked about in south korea. fair assumption? >> absolutely. the japanese are worried about north korea. one of the reasons that north korea and iran have spent so much time cooperating on ballistic missiles is because of the concern that japan expressed after the north korean test in 1998. so i think this reveals the proliferation problem of both iran and north korea is something that obama did not deal with effectively that will test the trump administration. it is already. >> bill: from 35,000 feet now one final comment on this. world leaders are watching to see how this white house reacts. last comment. >> absolutely. all these crises are connected. when america demonstrates strength in one it reverberates

in others. and it has a compounding effect. i think for eight years people saw weakness after the last three weeks i'm hoping they see strength. >> bill: thank you, sir. good to see you in person from new york today, john bolton. shannon, what's next. >> shannon: texas lawmakers are looking to take action against sanctuary cities. coming up we have got texas lieutenant governor dan patrick who is pushing for that bill. >> bill: a race against the clock. a damaged dam in north california. it is a tense situation and we'll have more next here. >> a tough call to make. the right call the make to protect the public. the dam is solid. the control structure has been damaged. we're working to assess that. tech: don't let a cracked windshield ruin your plans.

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>> shannon: nearly 200,000 people in northern california forced to leave their homes as a spillway for the country's tallest dam is threatening to burrs. folks told to get out right away. >> everybody is panicking. we're okay at the moment. trying to keep calm. >> it's just slow, a little scary. >> we loaded up the kids and took off. it's scary. >> shannon: authorities issued the evacuation ordered yesterday after engineers discovered a large hole caused by erosion. adam housley is near one of the affected areas. what do we know at this moment? >> right here we're alongside of feather river from the dam. the water levels are very high.

they made some headway last night. they were worried about the auxiliary spillway collapsing. the water is meant to spill over to lower the level, not meant to be a long-term solution. it was working for over 30 hours. so that caused the deterioration and that caused them to be worried about the possibility i would collapse bringing a 30-foot wall of water down. what they got a chance to do overnight is get to water down below that area where the water was spilling over and trying to drain the lake down a bit. it allowed them to stop the worry of collapse of that area and now when the sun comes up they want to get engineers to get a daylight look. they put some rock in there to pack it and hopefully resecure it before the next storms come in four days, shannon. >> shannon: adam, any words on when people can return home and see how things are and get back

to life as normal if they can? >> some people were complaining they had to evacuate and may not have needed to. as officials said last night and authorities spoke to overnight, better to be safe than sorry. good news that we've seen the last couple of hours they reopened the bridges across the river. they were closed down last night. they are cautiously optimistic of letting people back in this morning. a lot of it will be determined what they see in the daylight at the dam. they believe they can pack that thing and get it into place they'll let people back in here. if they don't it could be several days. rains come thursday into friday here at least the heavier rains and they believe it a friday night into saturday where that level of that lake will start coming up. >> shannon: well, as you said, better safe than sorry in these situations. thank you. >> bill: another frightening scene in northern california. an 81-year-old man clinging to a tree branch after being swept away by rushing floodwaters. lucky for him there was a

national guard helicopter close by assessing damage by the floods. help arrived and airlifted the 81-year-old man to safety. he will be okay. they say without that help nearby there is a good chance that would not have ended that way. good for him. >> shannon: i had a chance to watch the rescue teams that prepare with the helicopters in d.c. to go through the drills. they're dangerous. we may take it for granted because you see them a lot but they risk their lives. >> bill: they talked about the draught for so long in california. anything but right now. plenty of moisture there in the golden state. >> shannon: white house national security officers michael flynn under fire what he did or didn't tell the white house about phone calls with russian leaders. is his job in jeopardy? plus this. [people shouting] >> bill: the anger spilling

over. lawmakers largely republican lawmakers holding town hall meetings with voters and you see the response. protestors demanding obamacare be saved in part so the question today are the protests a mirror image to the rise of the tea party from 2009? look at thnday morning. >> want to be let out of here, you are welcome to go. wait a minute, now wait a minute, now wait a minute. wait a minute. wait a minute. wait a minute.

>> shannon: take a look now at wall street. the markets opening a short time ago. investors watching to see if the rally will continue after the dow hit another all-time high on friday. i know how hemmer likes when that happens. stocks may get a boost today as the senate confirms mnuchin as

secretary. >> bill: quite a bump for a monday morning. republicans now in the spotlight. the left is fired up. in some cases angry protestors pushing back on the repeal of obamacare. here is just one example from the state of florida. [people chanting] >> bill: that's what we saw in georgia. check that rally. liberal protestors chanting and you see holding a lot of signs during an event held by georgia's two republican senators. from washington ed henry picks it up from there. what have you learned about the organization for this and the reaction? >> a lot of this is about obamacare and democrats fired up trying to block a repeal of obamacare. but there are a lot of democrats here in washington wondering where was this energy for hillary clinton, of course.

now we're seeing it, is to-called resist movement against president donald trump. we saw over the weekend more of these protests, florida, georgia, north carolina, all the way across the country to utah as well. remember, jason chaffetz faced some right there where there were 1,000 people at one of his meetings. a lot of people angry about obamacare but also james sensenbrenner facing heat. >> how much more will you tolerate before you speak out against donald trump and his lack of respect for the checks and balances in our system of government? we need you to speak out, sir. [applause] >> did you listen to what i just said? restrain yourselves and respect everybody and this is not a

meeting which will be dominated by the people who can yell the loudest. >> bill: restrain yourself said the republican congressman. democratic senate leader chuck schumer says this energy is something that will fire them up. white house officials say, there will be a replacement for obamacare. >> the fact that there are protests is a great thing. not so much energy in the streets since the vietnam war and people are worried about president trump. >> we're very far along on this. farther than many people realize. the president, as he has said many times, you don't always want to show all your cards. >> bill: that is the key there for the president in terms of finding a replacement for obamacare. you hear from policy director stephen miller. he has a lot of energy behind him, the president does. on the other side of this in terms of repealing obamacare the trick for republicans will be finding that replacement so they can get people to calm down and make sure and realize

that there will be people still be covered even after this repeal. >> bill: ed, henry in washington >> shannon: are there shades of 2009 in these protests? as you'll recall that year brought about the rise of the tea party with lawmakers involved in passing obamacare facing backlash during town hall events. a trip down memory lane. >> wait a minute, now wait a minute, now wait a minute. wait a minute. wait a minute. >> how in the world are we going the pay for it? >> and the answer is, i don't know. >> if these plans are not good enough for you and your family, sir, then they certainly aren't good enough for us and our family. >> shannon: let's talk with it democratic strategist and radio talk show host and we are glad

to have you on this monday. i want to take a flashback to how this was covered. cbs news talked about how conservatives were turning it into a national nasty shouting match and president obama saying ignore them. talked about how they were children, uncivil liesed, disruptive. opponents shouting down members of congress. the media didn't like it back then. but all the coverage i've heard this weekend they sound pretty celebratory. >> there is something to be said. i can't speak for the media but somebody who believes in the constitution believe in americas, good to see folks engaged in the civic process. the reason why we're in this situation is because, as a trump senior advisors are holding their cards close to the vest we're talking about people's healthcare. republicans have really got to talk about what this replacement is going to be in specifics, not platitudes or they'll see more of these week

after week, week after week and it will snowball and could cost them on the senate in 2018. >> shannon: katie, does that ring true to you? we know the senate map is tough for democrat in 2018 but if they can leverage what they are feeling now. senator schumer hoping to be the majority leader saying he has never seen this much energy in the streets since vietnam and something they can harness and win. >> chuck schumer is exaggerating a little bit. the media, we had obama administration officials equating tea party activist with suicide bombers in time square and "the new york times" saying the tea party was the hezbollah faction of the republican party that had could be squaushd out. a different tone the media was taking with the tea party movement and i doubt we'll see them covering the left. getting results. the tea party was very effective. we saw historic elections in 2010 and 2014 and then now with

president trump being in office. so it wasn't just about going to town halls and shouting people down. getting policy positions on the table. organizing communities and finding candidates who were willing to run against incumbents that people didn't like who voted for obamacare. >> shannon: speaking of organizing. politico has a dive into some groups and who they are. the group come together called indivisible and put together by hill staffers, former and current ones as well. partnering with groups on move on.org funded in part public matter out there by george soros and other groups made no mistake of the fact they want to undermine this president and his legitimacy at every turn. others say it's organized astroturf and funded well. when the money runs out the protests will stop by one congressman. >> i don't agree with that. there is a pulse here. if you take the pulse of the

american people a lot of them don't appreciate donald trump. his poll ratings show that. the truth is that the tea party was well-funded by folks like the koch brothers and other groups. this is the same, right? there is funding going into it. nothing wrong with that. what you see is people power saying that the trump administration, republicans, can't say repeal without a real replacement. and republicans haven't answered that. >> shannon: i know you'll want to take issue with some funding questions. a lot of groups started in the early stages were not linked to groups like that. >> i remember going to people's home and have meetings how to change their own communities and change how things were going locally and find candidates to run against the incumbents who had voted for obamacare. i have to reject quickly this idea the tea party is the same as the leftist groups we've seen rioting in the streets, wearing hats that represent

female body parts. the tea party was far better behaved than the protestors. >> were you at the inauguration? >> that's a big step. >> richard, why are you interrupting me again? please let me finish my point. >> a couple punks burn a car and blame the entire progressive movement. you can't do that. >> what about the million else of women marching with hats? the tea party is not the same thing. >> shannon: richard, we'll have to allow her to caught. >> shannon: you agree to disagree. it's tough when one or several misbehaved people are linked to an entire movement it takes time and effort to parse out the facts there. we want to do that. >> for more prevalent on the left than the right. >> shannon: we have to leave it there. >> bill: 20 minutes before the

hour. a push to punish so-called sanctuary cities. republicans are trying in the state of texas. what is the effect of such a law? the lieutenant governor dan patrick is live next on that plus this today. [screaming] >> shannon: a daring rescue police pulling a driver to safety seconds before his entire s.u.v. turned into an inferno. details on that coming up.

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♪ >> shannon: heart stopping video. florida police rescuing a man moments before his burning s.u.v. exploded, take a look. you can hear panic on the scene as flames engulf the car after a crash in titusville east of orlando. the driver got out but collapsed near the s.u.v. so still officers had to pull him away. they did that seconds before

the car exploded. the victim was rushed to the hospital where we understand he is still there with injuries but they are heroes. that's what they do. they run into the situations. >> bill: dramatic stuff listening to the sound of his voice. our best to him recovering in the hospital there. texas could become the first state to take a significant stand against sanctuary cities. that state senate passing a bill that would withhold alimony from cities and allow criminal charges against local officials who refuse to endorse federal immigration law. elected officials cannot pick and choose which laws they will obey. officials who refuse to enforce immigration laws should be defunded, fined and criminally prosecuted end quote. texas lieutenant governor dan patrick with me now. good morning to you. i don't think you would disagree with what he just read. tell us why this law would be necessary, sir.

>> let me give you facts, bill. these are department of homeland security facts from june of 2011 until the end of last month we booked into our texas jails over 212,000 criminal aliens. we charged them with more than 566,000 crimes, bill, including 67,501 assaults, 67,213 drug 60 and kidnappings. crime in our country by criminal aliens that our citizens shouldn't have to endure and one you have local elected officials mayors, judges or sheriffs or police chiefs, who will turn these people loose and not follow federal law. they are putting our citizens -- all of our citizens at risk. >> bill: i am of the understanding that many on the local level reacted to this favorably. many of the sheriffs except for

austin, texas, travis county sheriff there is sally hernandez. >> yes. we have 254 sheriffs. only one, sally hernandez -- >> bill: let me get to the question here. how do you believe people respond when it comes to money and to funding? do they act or behave differently? i think that's the question. >> i'm sorry, bill. they hopefully will act differently. but when you listen to the crime stats that i gave you. i don't have a teleprompter or cue card. they're seared into my memory. when you think you would crime you would think it wouldn't take any financial incentive to follow federal law. we believe in a secure border, the constitution and rule of law. the democrats don't. out of our 254 sheriffs in texas, one has doubled down and says they will ignore federal law, the president and the state of texas. even, bill, while we were passing this law last week we

had the dallas county commissioners court issue a resolution to welcome illegal immigrants to the community saying it made it safer. it doesn't make it safer, bill. many people come here for the american dream and aren't hardened criminal. we need a legal immigration system so they can come here. but many are hardened criminals, gang members, go down the list, bill. these are dangerous people killing americans and it needs to end. it is one of the reasons, bill, because this sheriff isn't doing her job in austin, one of the reasons we had ice raids with warrants finding criminal aliens. under our bill she is subject to penalties and losing function. >> bill: will you take action against her if it goes that far? >> you bet. >> bill: such as? >> if she ignores the law and puts our citizens at risk, she faces criminal penalties. and she can be sued by victims of crime and we will take away her funding.

we won't mess around with this issue, bill. think about this. in five years criminal aliens and of those about 66% were here illegally, those people have committed over half a million crimes, bill. we don't have time to have -- put up with the nonsense of some political sheriff who doesn't want to follow the law because of her leftist ideology. we won't put up with it. >> bill: what do you think the effect of this law will be when it comes to law and order in your state? >> bill, i hear from the rank and file officers and troopers and constables and sheriffs deputies on the streets all the time. they want to be able to do their job. they are tired of the elected officials and in some cases the sheriff that's an elected official in texas telling them they can't do their job when they apprehend someone that they believe is a dangerous criminal and believe they are here illegally and want to show the people in jail until ice

picks them up. the second part why trump is right about building the wall. when we deport these people. now it's been easy for them to come back and commit more crimes. we see it all the time. find someone here illegal and they've crossed the border three or four times and been arrested. when we deport these criminals they can't get back. it is a two-step process and i'm here to let america know that every sheriff in the country is now a border sheriff because they have these illegal criminals in these states. this is a serious issue whether it's san francisco or a victim of a crime in texas, it is time for this nonsense to end. the texas senate i'm proud to be president of the senate we put it on the express track and governor abbott asked us to do so. i'm waiting for the house to pass it and get it to the governor's desk for signature. >> bill: thank you, we'll follow it from here. thank you, sir. shannon, what's next? >> shannon: at award show turns

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>> at this particular point in history, our voices are needed more than ever. >> shannon: politics taking center stage at the grammys last night. some of the show's top performers criticizing president trump. joy villa made her support for the president pretty clear. check out her ensemble emotion broided with mr. trump's famous campaign slogan. amazing. there it is. make america great again. on the back a trump train.

jonathan, how political did it get? i have to admit, i didn't watch. >> i did for you, shannon. for a night supposed to be all about music politics sure played a very prominent role. host james corbin setting the tone at the very beginning. ♪ >> then we had a series of performances in which politics was referenced. j. lo talking about diversity, paris jackson making an appeal for opposition to the dakota access pipeline and katy perry none of whom we seem to be seeing here singing in front of the u.s. constitution. the most overtly political performance was from a tribe called quest. listen here. ♪

>> resist, resist, resist, resist. >> when it comes to the music itself, it was a very big night for adele though it didn't all go her way. when she messed up the beginning of a tribute to the late, great george michael. watch here. ♪ it's live tv, i'm sorry for swearing and i'm -- can we please start it again. i can't mess this up for him. >> and adele was up against beyonce for best song, best record, best album. in the end beyonce flamed out. >> shannon: we don't have that but i do recall her saying that she complimented adele to beyonce. >> she said lemonade was

monumental and thought it should have won best album. >> shannon: very gracious. good to see you. >> bill: president trump says the u.s. stands behind our allies in asia, north korea test fires that missile. what message will be sent in return?

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than anyone else in the country. ♪ here, there, everywhere. united states postal service priority : you >> shannon: evacuations underway in northern california as the country's largest dam threatens to break. the oroville dam is now holding but an emergency spillway where the real trouble is. designed to prevent overflowing. that's damaged. about 200,000 people have been ordered to leave the potential flood zone. we're following it very closely and will update you with any breaking details. two developing stories on the front burner. one at home, one overseas, north korea test fires a ballistic missile as the u.s. security advisor finds himself taking heat. i'm shannon bream in for martha maccallum. good to be back. >> bill: welcome back.

bill hemmer, good morning. the missile test, north korea's first since mr. trump took office as national security officer michael flynn comes under scrutiny said to be communicating with moscow's ambassador about russian sanctions during the presidential transition. >> shannon: jennifer griffin is live at the pentagon. what are they saying about the missile that was tested this weekend? >> u.s. officials tell me it was a successful test of a kn11 mod 2, a ballistic missile designed to launch from a submarine. this was tested on land and we're told north korea's 33-year-old leader kim jung unwitnessed the launch from the test site. it was tested last april with a range of 1600 miles but well short of the missile launched in june which flew over japan. this weekend's test coincided with the japanese prime

minister's visit to donald trump. the missile traveled 300 miles into the sea of japan but did not enter japanese waters. the response from president trump was restrained. >> i just want everybody to understand and fully know that the united states of america stands behind japan, it's great ally, 100%. >> the pentagon is not overly worried about this launch but they are concerned about an isbm, intercontinental ballistic missile that could one day reach the u.s. >> shannon: it seems that president trump's national security advisor michael flynn appears to be in a bit of hot water. >> democrats on the hill are calling for his security clearance to be pulled pending investigation into his phone call with the russian ambassador in december. not the logan act from 1799

that has white house officials concerned but potentially lying to the vice president about his conversation about sanctions on the same day president obama expelled russian officials. a spokesman for flynn said he couldn't rule out bringing up sanctions during the phone call. during sunday shows trump administration officials would not offer public support for flynn. >> that's a question for the president and chief of staff. general flynn is a three-star general, head of the defense intelligence agency and i look forward to having more discussion about this in the future. >> sources close to flynn tell me he has no plans to resign or give up his security clearance. he spent the weekend with president trump and president abe in mar-a-lago this weekend. >> bill: in the meantime u.s. senate expected to confirm steve mnuchin for secretary today. democrats and republicans at

odds whether his wall street experience is an asset or liability. mike emmanuel. good morning, fresh new week. expectations heading into the vote later today. what are they? >> one would expect more speeches for and against steve mnuchin to be the next treasury secretary. he is expected to be confirmed the next treasury secretary and a party line vote. supporters of his nomination cite his experience saying his real world financial experience is an asset and will be helpful to president trump. critics say he was not fully forthcoming about some aspects of his personal finances. the chairman of the senate finance committee says mnuchin has the right experience to lead. >> we'll have a treasury secretary -- we haven't had a really good one during the obama years. they are good people, i'm not knocking them as persons, but

they didn't have the financial stability and the financial background that mnuchin has. >> mondays are travel days for senators. >> bill: what are the democrats saying about charges of obstruction? >> they're saying essentially they don't have the votes to stop most of these nominees. we saw an interesting shift in strategy from the democrats late last week when they took aim at the labor secretary nominee andrew puzder of the fast food world. interesting shift in strategy. on fox news sunday chris wallace asked a key democrat about the charges of obstruction. >> we can't block when the votes take place. the republican leader decides. all we can do is use the time that's allotted to us to make our points. that's what we're doing. we aren't blocking these appointments. >> the senate is expected to

get off to a fast start this week after being slow moving. they expect to confirm the treasury secretary, the va secretary nominee and small business administrator between today and tomorrow. >> bill: i thought wallace's follow-up was interesting sunday. he showed a slow walk. >> a lot of complaints about that. talk that president george w. bush had his entire team in place by this team and president obama had his team just about in place and the congress has a lot of work to do to get president trump's in place. the democrats are saying it's the only way they have to slow things down and they don't have the votes to stop many of these nominees. >> bill: you follow it closer than most. do you think any of them will be stopped or will all the nominees go through, mike? >> puzder is the one to watch. he has had a tax issue, a nanny issue, i believe, and so that

seems to be the democrats last hope of stopping one. and so republicans are confident. they like his experience. if there is an issue, worst case they'll find someone else to do the job but hopeful that puzder will get through. thank you, sir. >> shannon: a pre-trial hearing for bowe bergdahl. lawyers for him are expected to ask a military judge to dismiss charges of desertion and misbehavior before the enemy because of statements made by president trump during the campaign. candidate trump called him a traitor says he deserves harsh punishment. prosecutors say a reasonable person would understand it was campaign rhetoric and not taken literally. >> bill: we were watching this case toward the end of the obama administration. did you expect a pardon or did it go the way you thought? >> shannon: waiting for the official request to come in.

it seemed like it wasn't in the cards. >> bill: he took a pass. >> shannon: yep. >> bill: in the meantime the trump administration vows to continue fighting for the president's temporary travel ban. how will the battle in the courts affect his supreme court nominee's confirmation? judiciary chairman chuck grassley, the senator is live to weigh in on all of that. >> shannon: bowe bergdahl is pushing to have charges dismissed saying he can't get a fair trial. we'll tell you more about that. >> bill: the white house doubling down on claims of voter fraud in the state of new hampshire. we're looking into this. are they right? we'll find out. >> this issue of busing voters into new hampshire is widely known by anyone who worked in new hampshire politics. did you know 90% of couples disagree on

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>> bill: it is round to for the northeast after many were hammered by another blizzard. up to two feet of snow expected for some today forcing schools to close and airports to cancel more flights and a nasty monday morning commute. forecasters say the snow could continue falling until midday but also in the mix gale-force winds. the governor of massachusetts on all this. >> the storm's wind is more intense than in the last storm so please exercise caution if you need to be outside later this evening. wind gusts this high can result in widespread snowdrifts even after the snows stop falling. please remember to be careful.

>> bill: they're coming off a one-two punch. a lot of folks are digging out from last week's storm. we had one of the more forgettable days in memory here in the northeast. >> shannon: in what way? >> bill: we had rain and we had snow and we had sleet and we had wind and we had gray skies. it was as far as the eye could see. i said you know, it's so gray on this february day, it feels like communism. it was that bad. >> shannon: you look up your weather app what it says for the day, communism is your weather for the day. >> bill: anyway, we'll get through it together. >> shannon: spring will come. >> bill: it's why they call it winter. >> shannon: legal fights over president trump's temporary travel ban is raising concerns about what it could mean for his supreme court nominee. if confirmed neil gorsuch could adjudicate the case seated on the high court. chuck grassley talks about that

and more. good to see you today, mr. chairman. how do you see the interplay between these two things? you have a schedule and plan for judge gorsuch. this case is proceeding on a different track, not on the merits but on a temporary pause for now. do the two wind up interacting? >> i think it would come up naturally in the hearings that we have for him sometime around the middle of march. it will be an issue there. but obviously if he were going to be approved for the supreme court, i think he will be, he would not be able to comment on it or he would have to recuse himself. so i don't know whether -- except for asking questions about it, that he can supplement people's answers very well. >> shannon: you have a lot of democratic colleagues coming out of meetings with him saying i'm impressed with this guy but he won't give me specific answers on some of these topics. as a nominee you aren't

supposed to anyway. we have a person from the alliance for justice saying that. >> it is important he answer all questions -- how far should he go in answering these questions, or shouldn't he? >> i think he has to give you how he approaches the law and that he is going to be a judge and not a legislator and not much beyond that because, you know, he can't -- in fact, ginsburg, 25 years ago, she set that standard, called the ginsburg rule that you really can't answer much so you have to give your approach to the law, your approach to how you see facts interacting with the law and that's about all you can do. you've got to -- as far as independence is concerned, don't you think the conversation he had with

senator blumenthal last week answers a lot of that? that he made very clear statements that indicates independence and he is going to do what judges should do. he has to be a referee against wrongdoing by the legislative branch, wrongdoing by the executive branch including president trump. >> shannon: you know the supreme court ruled against president obama numerous times on the issues of executive power including his own appointees, so we know there is a break there. the branches have different powers and checks and balances on each other. are you confident that judge gorsuch will be also that objective? >> more so in his case than maybe a lot of cases i've questioned people before our committee going on the supreme court. he has written 800 opinions, 2%

had descents. he participated in 2700 cases and only less than 2% have had disents in those cases. you see him being independent and consensus builder. >> shannon: do you think he will get the pushback that some other candidates have gotten? they plan to push it to a 60-vote threshold. do you think there will be a lengthy delay? you predict mid-march for his hearings. do you think it plays out the way we've seen the cabinet nominees play out? >> not at all, no. this is a person that has such a record. i gave you statistics and a congenial person, he writes well, very precise in his writing and i think when 100 senators get done talking to him individually, the 60 vote won't be an issue. it shouldn't be anyway.

alito was approved 58-42. thomas approved 52-48. there is no requirement for 60 votes. and then you also have to remember that clinton had two nominees, vacancies, obama two, republicans didn't filibuster them. democrats did filibuster one of george w. bush's nominees. since republicans haven't filibustered, it seems president trump should have the same consideration from them and that's a point i'm going to push. >> shannon: before you go, i have to tell you, your twitter feed is one of our favorites on the hill because it seems very unfiltered and comes straight from you. i want to ask you about busy tweeting you had this weekend. whoever monitors twitter at white house for president trump get on subject of my immediate

tweet and start declassifying. another one, whoever monitors twitter at white house tell president trump to ask putin. another one, whoever monitors twitter, president trump, when is white house going to be open for public tours? mrs. g wants to know. >> we have a president that is messaging by twitter and communicating that way. it seems to me it's legitimate for me to do it but i don't do it just to have conversation with the president of the united states or the white house. i do it because twitter is a way of getting people thinking about things and that was what i was thinking about putin. a couple of his opponents have been poisoned. one of them was just charged with a conviction that keeps him from running for office. and so shouldn't we in our conversations with putin just kind of say what do you have

against some opposition? what do you have against elections? things like that. we ought to be promoting democracy, in other words. >> shannon: well, a lot of people do that now via twitter and we enjoy your social media involvement. mr. chairman, keep us updated on judge gorsuch's nomination. >> bill: wonder what mrs. g thinks about that? the trump administration saying judges are playing politics not interpreting the law. is the 9th circuit overstepping? regardless, what will the white house do next? there is this. >> we all have this suspicion that, you know, that he lies a lot. that is not the norm for a president of the united states or actually for a human being. >> shannon: democrats launching vicious attacks calling him a

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>> how would that fit based on the discussions and the arguments we're having now? >> shannon: leto say the intelligence community said to the president, there are some dangerous people about to come

in from three countries we think ufp to impose a ban until we can isolate them. that's absolutely sound thinking on the president's part to impose the ban. but he can't reveal that to a court. he can't reveal what the intelligence community told him, nor should he have to do it. which is why, under the constitution, the president makes foreign policy, not the congress, and not the court. >> bill: i want to squeeze this in. chuck schumer said throw the executive order in the trash. maybe he gets his way. what do you think the administration does? >> i agree with chuck schumer. if he discards this executive order. he knows how to make it bullet proof. the most liberal court in the country telling him what is wrong with it. make a checklist, accommodate their concerns. make it more difficult to challenge. he will also confound his enemy. we're talking about one case in seattle, there are 47 other lawsuits in 47 different courts.

they would all be dismissed and the ruling of the ninth circuit would be mute because the executive order on which it's based will be rescinded. >> bill: maybe that happens. thank you, judge. shannon has more now. what's next? >> shannon: national security advisor michael flynn is in the hot seat after allegations that he may have improperly communicated with moscow's ambassador about russian sanctions. deputy white house press secretary to talk about that, good morning, sarah. can you give us any pulse on this relationship within the white house? there have been reports the president was a bit troubled by how the thing is playing out. there wasn't a defense of mr. flynn yesterday by stephen miller who made the rounds on the sunday shows. where does he stand? >> general flynn is a great man who served our country admirably. the president is aware of the situation. this weekend he was focused on hosting the prime minister of

japan and strengthening that relationship and today he is preparing to host prime minister of canada and getting ready for those events that will be pretty historic. the progress and the things that he has done over the first 24 days and in particular hosting several foreign leaders. that's a big deal. right now that's what he is focused on as of this morning. >> shannon: i want to talk with you more about especially the prime minister's visit today from canada but before we leave this issue with flynn. if there are transcripts of these phone calls and things that could be made public that may put some of this to rest do you anticipate that happening? >> right now i know that again the president is extremely focused on his biggest job that he has keeping our country safe. he is doing everything he can to ensure that's the number one priority. i know he is reviewing the situation and certainly we'll leave that to him to make any announcement if there is any. right now again he is focused on preparing to host the prime minister of canada.

getting ready for those meetings that will take place here in the next hour. >> shannon: part of that visit today will focus on female entrepreneurs and empowering their businesses to move forward. the president has taken a lot of criticism for not being pro-woman enough, although he has a daughter, he has many women like you who surround him in official positions who seem to be successful women. what will be the focus today? >> look, i think it's putting some of the misconception aside. president trump is one of the most pro-women presidents that i think we could have. he has been focused within his company on empowering women and today is a great sign of that, that he is meeting with a foreign minister for the first time and their focus is on women entrepreneurs. he surrounded himself by strong women in the white house and trump organization and focus on that starting today in this meeting. >> shannon: we look forward to seeing more of the play-out

from the president's various meetings today and later this week as well with israeli prime minister benjamin netanyahu. great to see you. >> bill: president trump sending a message back to north korea after this from the weekend. how did president trump respond to this? we'll ask john sununu what the world is watching for next.

>> shannon: it is a busy day at the white house. we're waiting to see more about the arrival of the canadian prime minister, trudeau there he will meet with president trump and others to have discusses with the focus probably on trade, as you heard we talked about entrepreneurship for female business owners as well. they'll get into deeper discussions probably behind the scenes as well. it is part of kicking off a very busy week which will see a visit from israel's prime minister on wednesday.

>> bill: meanwhile, administration taking on problems foreign and domestic dealing with a host of issues. just over the weekend two from immigration and border security and a missile test by north korea and the last story gets our attention now. john sununu former white house chief of state to president george h.w. bush with us now on a monday. thank you for coming back here. think about a time when you were working for president bush 41. think about who from overseas was poking or prodding or testing. what is the first thing you would think of? >> the first problem the president had to deal with was really a battle with congress over what was going on in central america, the contras and jimmy baker went down and negotiated an agreement with congress that broke the log jam and then we were focusing on trying to deal with the charm offensive from mr. gorbachev

and the soviet union and the president laid out the agenda to take advantage of the opportunities that presented. i remember clearly editorials almost daily in the "new york times" and the "washington post" attacking the president for not aggressively addressing this opportunity. what the president was doing was laying the ground work with phone calls and background contacts and preparation and obviously everyone knows how amazingly successful george herbert walker bush was in guiding the collapse of the soviet union, the unification of germany and really the breakup of the communist world. >> bill: that answer suggests there was a lot of diplomacy involved. as you can compare and contrast that to what's happening with iran from last week, with north korea from over the weekend, the tweet from the president, i want everybody to under established and know the united states of america stands behind

japan its great ally 100%. what is the challenge with north korea, let's start there. >> i think north korea is really a challenge with the chinese and the russians. i think the chinese clearly have the greatest influence over north korea. i think the president has to start working with his folks on developing an initiative really in discussions with the chinese, which will obviously start with trade issues, and certainly their aggressiveness in the south china sea, but it should also include a major discussion on china being more constructive in putting pressure on north korea. north korea cannot survive without chinese economic support and the president ought to work that hard. >> bill: this is the comment from saturday night that i was looking for on camera and sounded like this. >> i just want everybody to understand and fully know that

the united states of america stands behind japan, it's great ally, 100%. >> bill: it was short and sweet and you also had this tweet. the crackdown on illegal criminals is merely the keeping of my campaign promise. gang members, drug dealers and others are being removed. it is an interesting juxtaposition when you think about the response of iran and now the response on north korea, what do you think is going on there? what is the strategy? >> i think the strategy is to begin to reknit the relationships with key allies like japan. i think you are going to see the same kind of initiative to patch things up, if you will, with the european countries. the president is doing the smart thing. a lot of it is probably taking place quietly behind the scenes, but i think he is rebuilding the network of relationships that are necessary to get things going

around the world. i think it is the right thing he is doing. i think the message on immigration was pretty clear, that he does feel that people who break the law in the u.s. who are criminals in the u.s. ought not to be allowed to stay here and he wants people to know he is still committed to that. >> bill: thank you for coming in. good luck in the snowstorm up there in new hampshire. >> come up and ski. >> bill: i would if i could. thank you. >> shannon: white house advisor stephen miller doubling down of claims of voter fraud in new hampshire. >> i can tell you this issue of busing voters into new hampshire is widely known by anyone who worked in new hampshire politics. it is very real and very serious. >> shannon: they're looking into the allegations. hi, eric. >> we could not find one case by voter fraud from people being driven. voter fraud happens in the

granite state but it's isolated and sporadic. senior white house advisor stephen miller claiming the president lost the state by 2,700 votes due to voter fraud pointing to those mysterious buses. it has been long believed, though, that out of state campaign workers for presidential candidates have, for example, voted in the state's first in the nation primary because new hampshire doesn't have a residency requirement. you can vote declaring a domicile. state law says an inhabitants domicile is one place where a person more than any other place has established a physical presence. like a college student declaring a dorm as a domicile. last year the presidential election was held under the state's photo i.d. law. if you don't have a photo i.d. election officials take a picture and then you fill out an affidavit attesting who you are who you say you are and

followed up to prove it. one massachusetts man was convicted of voter fraud in new hampshire in 2014 but drove across the state line himself in his own car, not taking a bus. lauren schneider pled guilty to illegally voting three times in the 2008 presidential election and in the 2012 presidential primarily and general election. he has lost the right to vote in new hampshire. former new hampshire state republican chairman has put out a $1,000 reward to anyone who can prove a massachusetts resident did take a bus to his state to illegally vote. this morning he told me so far no one has called to collect as he put it, stephen miller's claim is, quote, ridiculous and complete garbage. shannon. >> shannon: all right. well, now that there is money on the table, we'll see if that changes this investigation at all. meanwhile stephen miller making a broader claim about voter fraud nationwide. have you looked into that? >> it does happen. i reported here at fox news on

stories ranging from the faking of absentee ballots to the selling of votes for $25 in clay county, kentucky. the 2012 pew study on the states the white house studied that 2.7 million people are registered in two states. it doesn't mean they actually voted twice. and the brennan center for justice here in new york most cases of voter fraud are clerical errors or data matching mistakes. attorney general in new hampshire, its office, is investigating four complaints from the november election and we'll see what they find out. >> shannon: we enjoy tracking your investigation. >> bill: democrats taking their criticism of the trump presidency to new heights questioning the state of his mental health. what if republicans said the same thing about former president obama? we'll debate that fair and balanced in a moment. never mind a secret affair?

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>> shannon: president trump taking fire over the state of his mental health coming from both sides of the aisle. >> we have a president who is delusional in many respects. a pathological liar. >> is it true that republican colleagues of yours express concern about president trump's mental health? >> a few. yeah. not the majority, a few. >> in what way? >> in the way we all have this suspicion that, you know, that he is not -- he lies a lot. >> shannon: a contributor for "the washington examiner",

president and finder of high noon strategies. linda is a communications director for tim kaine. good to see you both. linda, those are strong words there. he said i believe what we heard this weekend was delusional, worried about his mental health in a way we're all worried about it. how do you think people would have reacted if they said that about president obama? >> i think it's a little misleading to act so surprised about this particular moment in time. you have to remember that when barack obama was addressing a joint session of congress sitting congressman from south carolina joe wilson screamed out you lie. so it's not as if there hasn't been a breach of decorum of sorts along the way. that was 2009 at the beginning of barack obama's administration. >> shannon: lisa, telling someone they lied or you think they lied versus calling them crazy and mentally ill?

is it the same? >> no or sitting members of congress saying the democratic party calling for electors to defect which is what we saw. what is happening right now on the democratic party is they're in the wilderness now and they don't know how they are going to get out. look, in regards to this, there is a completely different standard that's applied to the left than is applied to the right. how many times has a republican candidate or even trump said something and the entirety of the republican party has to answer to it? that never happens on the left. they get away with everything. mind you the fact the democratic party had nominated the candidate under criminal investigation by the f.b.i. she barely had an answer for it. the democratic party didn't have an answer. you have a candidate the frontrunner for the dnc right now who has written in the past that black people need a separate country. can you imagine the outrage if a republican frontrunner had said something similar? you have the left protestors on

the left literally blocking the education secretary from entering a public building. but the democratic party hasn't had the answer and hadn't had to condemn it. there has been a complete double standard. as someone who worked on republican campaigns, top tier senate races and congressional candidates it is real and you see it all the time. >> shannon: i want to bring in a poll that came out this weekend talking about how people view the president. those who say they are believers support president trump, 22%. those who conditionally support him 22. those are curious. want to see take action 21. the resistors saying they won't accept the president and want nothing to do with him 35%. any chance he can turn any of those folks around? >> i think if you take a cue at all from the various protests we've seen since the day after his inauguration the answer is probably a resounding no. i think that's what you are seeing in this poll. i think the number that's actually more concern for donald trump is that 22% that you cited at the beginning. this number is actually down

from what exit polls suggested around election day in terms of the true believers and the people in the middle waiting to see if he delivers on his promises around the economy and waiting to see depending on which end of the spectrum you are talking about, waiting to see if he will try to work with the opposition side. >> shannon: we're out of time. got to leave it there. great to see you both. >> bill: this will be one of the main events of the day. we're awaiting justin trudeau to arrive at the white house and they'll talk trade and jobs and well, the two men will start their political relationship as leaders of the u.s. and canada. we know the relationship with president obama and justin trudeau. they saw the world in a similar way. we'll see how much these two men have in common. that's coming up in a few moments, the arrival at the west wing.

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>> shannon: want to take you live looking at the white house as we await the arrival of canadian prime minister justin trudeau. we understand president trump will come out and greet him as his car drives up. they have a special group there, military honor guard that is welcoming them as they talk about the important topics. trade will be one, we've been told possibly nafta and president trump's statements about possibly reopening or renegotiating portions of that are likely on the table today and looking live there. you can see in the car it appears the prime minister is there. and ready to enter in. a lot of pomp and circumstance for these big arrivals. one president and world leader meets another. the flags on a very windy day blowing around in d.c. as well. the canadian prime minister

looks out from the car in anticipation of that meeting. i'm not sure where the car is. we assume it's there on property at the white house getting ready to pull up. >> bill: my assumption was it was in the driveway outside "the west wing". a moment ago donald trump put out a tweet. today i will meet with canadian prime minister trudeau and leading business women about women in the workforce. you were talking about that meeting and how it will go. >> shannon: this isn't the easiest place to get into. if you've tried to drive over to the white house and get in there are many things that happen. it is different if you're the prime minister of a foreign country. he will be welcomed with open arms. this will take a minute as they want to do it right. president trump coming out to meet and greet him and we'll keep you updated as it plays out. >> bill: one thing that's clear the relationship between justin trudeau and barack obama was spelled out in the early days once trudeau became the prime minister of canada. they were not entirely in lock

step but close to it on the issues of the day. you can argue that trump is the political opposite of him. but we'll see how much they have in common. we saw the relationship with the prime minister from japan over 2 1/2 days grow by the day with each passing event. it was clear that president trump wanted to embrace japan, wanted to embrace his visit here in the united states and they did that starting at the white house and down to mar-a-lago and the golf course. they sent out a picture on instagram on saturday giving each other a high five on a golf course. the cozy relationship doesn't get tighter than that when you have those images. we'll see what images we get from this visit. we're waiting for it. get a quick break in here and back after this. that's me.

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>> bill: during the commercial break we did see the canadian prime minister arrive at the

door to the west wing. president trump coming out to greet him on his visit to the white house today. the two men will carry on some meetings there are two of the white house before he heads up to capitol hill. meeting paul ryan, and that's at 2:00 eastern time. so a busy monday, as expected. >> shannon: yes, that is it for us! ♪ >> jon: and so it is under way on this monday, a big meeting at the white house. president trump sitting down with the prime minister of canada in the oval office. good morning to you, i am jon scott. >> jenna: hello, everyone. i am a jenna lee. talking the agenda with trade. 75% as canada's exports, and 90% of the oil goes into the united states. president trump and prime minister