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 trudeau, talking

about women in the white work force. and a whole bunch of different topics today. >> jon: does not like it is like any other day at the white house, right? always 1 million things. the prime minister justin trudeau came just a few minutes ago. he was parked behind us for about five or 10 minutes. he gave us a wave, we gave him a wave back. he is often the white house to meet with the president. by the way, 40-mile an hour gusts of wind were blowing through, for the ceremonial guards having trouble with things flying off into the flags around their faces. it will be meeting with women ceos as they walk the task ports together. it is going to be called the u.s.-canada advancement force. they will also talk about immigration. the president's executive order on immigration may in fact violates canadian law. the reason why is because u.s. customs and immigration have a number of what are called

preclearance standards at eight airports across canada. basically you enter the united states, customs, immigration before you even get on your plane. and applying the directions could violate canadian anti-demonstration laws. you may understand back when the executive order was implemented. the prime minister tweeted that for those fleeing persecution, terror and war canadians will welcome you. if diversity is our strength. welcome to canada. the white house is still figuring a way forward on the immigration ban. writing the new executive order. it would include specific carveouts for other -- lpr's. end of the people in business will allow them to go back home and reenter the united states. it has a lot of similarity with the current order. it could be held in contempt of court. i'm also told that they write a new executive order, and would

not withdraw the one that is currently held up in the courts. this may be more of an addendum. they also have plan our strategy to roll this one out so that people understand what it is all about. particular plea people on top of capitol hill. another big topic of conversation between the president and the prime minister will be trade. the president has made no secret of his desire to re-negotiate the free trade agreement. here's what he said about it back on february the second. >> i have some concerns about nfta. it has been a catastrophe to our workers, our jobs, our country. i want to change it. and maybe we do it. maybe we do a new nfta and we put an extra f. you know what that is poor, free and fair trade. >> so if he has his way it will be the nffta.

at 2:00 in the east room they will meet for the press conference. >> jenna: a lot to cover on a blustery day in washington, d.c. thank you. >> jon: angry protesters popping up at some town halls held by a republican lawmakers. and key pieces of the trump agenda are being looked at. after three weeks he has made clear that he is going to continue first -- conspiracy theories. and saying things that aren't true. republican control housing senate seems to have made a collective decision. they will accommodate, not confront the conduct as long as he signs the long stalled proposals on taxes, regulations and health care into law. joining us now with their take on this, former howard dean campaign manager, fox news contributor. and former chairman of the

missouri republican party, author of "the conservative case for trump." we will start with you. you might expect that "the new york times" would not necessarily see things the same way that conservatives do. what do you think about the line that i just read? >> well, i think two things. number one, joe on this panel knows grassroots, so do i. we are out here in missouri. what you are seeing here is not grassroots. it is called fake roots. whether it is generated by the cope brothers, not real. and the second thing is this, the reason that republican leaders, elected officials are sticking with trump, because he is the head of a movement that includes democrats, independents, and republicans on trade. so they are going to spend that anyway they want. but in america you are going to see in a few weeks thousands and millions of people are with trump. the elected officials know that they have to be with trump as a leader. he is more popular than ever. >> jon: what do you think of that? >> >> not surprisingly i have a

little bit of a different take on it. the reality is that most of the republicans are in very safe to express -- districts. they are still in hard-core republican districts. they do not have to worry too much about his unfavorable's. and so, you know, that is going to be the issue here. there are about 20 or so, only about 20 republicans were hilary won. they may have to worry about it some. but i think it is a big mistake to see this as astroturf crowds out there that are venting against the republicans that are holding the trump line. >> but one second, the u.s. senators are in the states. they are running towards trump. they are trying to find ways to look like they are with trump because he is a leader.

if democrats have a bigger problem than republicans in terms of the election. >> for instance orrin hatch, trump did not run particularly strongly. >> hatch is quoted as saying, i personally wish that he would choose his words a little bit more carefully. on the other hand i find him kind of refreshing. >> jon: there are a lot of democrats who voted for donald trump in states like michigan, wisconsin, and pennsylvania because they want to see some changes. >> i think that is right, but because the pole that just came out shows the president with 55% disapproval. 55%. 40% approval rating. i know that we are going to diss the polls. >> same as the election. >> i don't remember any of those polls being off by 15 points. they may be off, but the fact is

if those unfavorable goes up, you are going to see republicans on the -- members of congress started to worry about their own necks. this is how this works. and right now 25 days or so in, we will see how it plays out. but if these unfavorable's continue to go, you cannot survive with 40% approval. your own members will move away from you. >> it is the same thing as the election. the mainstream media wants to make it toxic to be a trump supporter. and yet out here every day the term supporters are gaining. joe puts his finger on something important. most house when numbers are in safe districts. they do not have to worry unless they make trump mad. democrats have to worry. the democrats in districts who like the american first model. and orrin hatch is saying that about trump because he does not want a primary from that.

code right or left, but he does not want a trump primary. he is going to be really nice to try and survive his own challenge. trump is winning the country every day. and what is trailing is "the new york times" ," and the fake roots. that is what is happening. >> jon: he does have a republican house and republican senate. he can get a lot of things done if they all decide to work together, right? >> yes. that is sort of the problem. he only has 52 votes in the senate. his style of going after people who oppose him has put him at odds with the john mccain, lindsey graham, even marco rubio. so he has to hold us altogether. i think that ed is right. a lot of these people are worried about a primary on their rights than they are about being faced with a tough challenge from a democrats. but that -- and then at the same time you have other people who are in districts that a vote for

clinton, and they have to worry about going too far in agreeing with trump. different forces in the republican party that also include deficit hawks who are not going to go along with the spending. there is just a whole lot of reason 21 days in to see that this is not -- he has not gotten off to a great start here. he has to try to find a way to reach out and get his approval ratings out. >> jon: we will note that it is a democrat who hated saying that he has not gotten off to a great start. it is a discussion we will have for the next four years, gentlemen. thank you both. >> jenna: in the meantime, getting down to business on the president's treasury pick, former goldman sachs banker, lawmakers have agreed to look at the nomination for seven hours holding to a vote on the confirmation. life on capitol hill with more on this. >> about eight hours from now

president trump should have his treasury secretary. steven mnuchin, down at -- earlier in the afternoon to talk about ways that they are going to reshape economic policies as promised. now going to become the treasury secretary, that is set to end. something new that we are seeing here in the halls of congress, democrats beginning to admit that they know that they are not likely able to stop all of the people that president trump wants to see and cabinet from becoming cabinet secretaries. there is no sign that they want them to speed up the confirmation process. >> we cannot stop the nominees. we know that. -- >> you're doing everything you can't do slow it down. >> they have never been appointed to positions before. >> in talking to republicans on capitol hill. you have a sense that they are trying to fill a cabinet for the sake of having a full cabinet. they are trying to fill a cabinet so that they have some help accomplishing the big ticket items that voters send them here to do like repealing obamacare and reforming the tax

code. >> when the democratic hour is trying to slow us. clearly we should have the cabinet in place by now. under normal circumstances, we would. that will allow us to be on top of the legislating calendar. >> later this afternoon they will have a press conference to complain about what they see as a pro-wall street agenda being followed by president trump. but since they do not control any branch of government, and to the block that has helped them slow him down for the first three weeks has not helped them stop him at all. edge is unclear what kind of a new strategy they may be confused to try and derail his efforts. >> jenna: we will watch, peter, thank you. >> jon: an important recall alerts. why one of the largest cheesemakers is recalling several of the products. plus nearly 200,000 people forced to get out of their

homes, officials rushed to work a spillway at the tallest dam.

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>> jon: all right, check your fridge, sargento is recalling some of its cheese products over fears of contamination. announcing that certain pack packages of the chef blends shredded nacho and taco cheese might be contaminated with a germ that's can cause a serious infection, listeria. they say that no one has become sick from the product. but they are also pulling five more items to be safe. the full list of affected products now on sargento's web site. >> jenna: quite a scary situation in northern california, national attention with a nearly 200,000 people told to evacuate as crews worked to block erosion from the oroville dam, joining us live in

california for more on the developing story. >> yes, there is some optimism. because i had a chance to stop the water from going over and exhilarate part of the dam. we will talk about the evacuation site mentoring. 188,000 people were told to get out. they believe about 50% may have followed that. there's no way of knowing exactly how many. we do know that the good news is that they have opened up the bridges. we are about 25 miles downstream from the dam. this is the largest metropolitan area where it would have hit out of oroville. this is where the dam is located. they reopen the bridges, you see they have notng back here. said that people can come back. we do know that there are engineers up there inspecting the damage on the dam. they are getting a chance to see it on the sunlight. the sun has been up over an hour here. we do expect to hear something shortly. what they basically did was they got the water to go down rather than spilling over the exhilarating spillway, not meant to work for very long. it worked for over 30 hours.

that's why it had the deterioration in place. they are trying to drain the lake more. more rain will be coming. they are trying to get it down to also repair. when you talk to those people, the officials here who are dealing with the evacuations, and everything that has been going on, they will tell you it has been very difficult. to listen. >> it has been stressful, complex, and rapidly changing. we are doing everything that we can in the effort to support the county and the local authorities to be able to address most of the displaced folks. >> about 6:00 last night, all hands on deck from all over the states. the good news is that a lot of the crews have been told to hang where they are. if there is no need at this point to respond. they thought that there will be swift water rescues. a bunch of other concerns in regards to a 20-foot wall of water coming down this river. the good news is that that did not happen. they also believe that they can

stop it, basically repair the dam to get them through the season. they will not know for sure until we have the reports coming in from the engineers that were up there on the dam right now seeing how about that damage is. the top portion of the dam, that is where the auxiliary spillway is. that is where the damage is located. >> jenna: is a just a byproduct of simply too much water, too much rain that finally caused the damage? >> yes, there was also one other part of this. we had a warm storm. a lot of rain here in california. but a lot has been snow, but the storm that went through last week was a lot of rain, and it was warmer. elevations that normally had snow, had rain. and it melted the snow. that's why they cannot really determine how much water was going to come down the hill. it takes a couple of days before it can get into the lake. so while rain stopped basically wednesday night, they were still having massive influx of water coming until saturday. it did not even out until saturday. and you add in the fact that it

was a warm rain storm, though snow was melting with the rain. that's where they lost control. >> jenna: a story that we will continue to watch. thank you. >> jon: up ahead, the latest on the north korean missile launch, and why they are taking their nuclear program to what they claim is an international sports can conspiracy.

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>> jenna: new information on the latest weapons test. what you're seeing now is unverified footage, reportedly film this weekend. calling the successful launch of a new ballistic missile. if the u.s. condemning the launch, requesting a meeting. in the meantime, the north taking the opportunity to lash out against international sanctions. saying that they are designed with the sole purpose of keeping

it away from sporting events. let's just start there. what is that doing with anythin anything? >> well, the u.n. has sanctions on sporting goods. within the definition of luxury goods, are some skiing equipment. one of the reasons for that is because kim, one of the first things he did when he took over from the death of his father was to build a ski resort and an equestrian lounge. so the point is there that this has caught up in the u.n. sanctions. >> jenna: you say that the real story is about the missile. why is the missile significant? >> well, two aspects to it. it is a solid fuel missile. that means the north koreans can launch it, well within little notice to us. it takes weeks to assemble, build, test. we can kill it on the pad, but the missile that they launched yesterday is solid fuel. it is on a transporter, a truck.

that means that they can fire it off and we would have little notice. >> jenna: i'm just looking at the video, and the significance come i want our viewers to see it. but i would like to put up the map of where it took place. i think that is also significant. the launch took place close to china, then went directly into the sea of japan. but not necessarily in japanese waters. if the trajectory was different, our viewers can clearly see that it could go into south korea very easily paid what about the distance that this missile traveled? >> it has a range to hit tokyo, all of south korea, on these transporter launchers they have missiles that can actually reach the lower 48 states. the k and cayenne awaits, and polemic -- but they are ones that can hit us. >> jenna: our team doing reports on this coming into they say that the officials are not worried about the latest launch because it is not in

intercontinental ballistic missile. why? >> they had tests that could hit us. and by the way, the missile that they tested yesterday looked very much like the one that they tested on august 24th from the submarine. and that submarine missile looked very much like china's jl1. we need to ask questions about how did the north koreans get it? did the chinese give it to them? did they steal it from china? we do not know. we have not been inquiring on beijing. >> jenna: that is one that we have talked over the last several years about chinese technology, chinese influence in north korea. we know that the president held a call what the chinese president last week. how did this president get a different result from north korea than the past well, two or three administrations? >> i think the only way that trump can move the chinese in the right direction is to sanction chinese banks. unplugging them from the global

financial system will rock the marked blue bank markets, but it will tell beijing that we are serious about protecting the homeland. neither obama nor his predecessor, george w. bush, were able to pressure the chinese. they were worried about china's actions. we need to start the nuclear lives north korea. >> jenna: interestingly enough enough, the direction of the overseas is to japan, south korea. if you think that the trump administration will take the different stance that you are mentioning? or maintain a symbolic gesture? >> trump officials were thinking about putting sanctions on the enterprises for selling nuclear enterprises. i don't know if they have the will to go that far. unfortunately, everybody wants the chinese to help us. we want them to get their cooperation. but we do not do it. we have not been able to do it

this decade or the previous one. >> jenna: i'm curious about what you think. you have studied this for years. two nuclear test last year, so we have seen this time and time again. how do you feel about this? watching it play out again and again? >> the north koreans are villains, so are the chinese, but we're letting them do this. we do not have much more time to watch this. because within four years they will be able to bring a nuke to the launcher. they have three that can hit us. , they will be able to bring those within the three, four, five year front and time frame. they could launch it if they want to. that means they can hold us to ransom. we do not have much time to figure this out. >> jenna: that is interesting and quite scary to think about. it's good to have you. thank you very much. >> jon: a fox news alert. we told you at the top of the

hour that canada is 45-year-old prime minister justin trudeau is in town. he is meeting with president trump in washington, d.c. the big event of the day will be a news conference that the two men will hold about two and a half hours from now. a schedule of her 2:00 p.m. eastern time. but they are having a little get together. they did not say anything during this photo opportunity, we are told. you can just hear the cameras clicking away, and a handshake there between the president and the prime minister. prime minister trudeau here to organize the trading relationship. he wants to see the jobs created for canadian citizens. trump wants the same thing, but there has been criticism of the agreement as you know. 2:00 p.m. eastern, we will have it live for you on fox. meantime, the north eastern u.s. hit with another winter blast. why snow is not the only

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>> jenna: a fox news alert weather alerts. strong coastal storm bringing new wizard conditions. hitting other areas of high wind, trouble in the north east means travel problems

nationwide. here at the weather center with more. >> i wonder if the groundhog was right. it did you know something that i didn't end? let's look at the northeast where we are getting another blizzard. this is the round of snow for new england, you can see it. but the big problem here is the wind gust, because this storm is cranked up across the atlantic. you are getting anywhere 30, 40, 50 miles per hour along the coast. that will be big tribal delays throughout the afternoon. it will finally exit by this evening. and conditions will improve. we will see in cases a foot of snow. we still have a blizzard warning for coastal maine. we could see some flooding along the coast as the water gets pushed inland. there is the forecast. the bull's-eye is really across new england and maine. and with the blowing snow. that's why we have some blizzard conditions. we have a big storm moving across the southwest. upper level in mexico bringing rain and mountain snow for west texas over the next couple of days. watching this very carefully as we move through.

flooding is going to be a big concern as the snow moves eastward. we will look at that story, and of course the winter that never ends in the northeast. back to you. >> jenna: thank you. >> you got it. >> jon: while, controversy erupting over comments made by stephen miller, senior advisor to president trump about the executive order on travel and immigration as he went on the sunday news shows to denounce federal judges were standing in the way. >> i think it has been an important reminder for all americans that we have a judiciary that has taken far too much power and become in many cases a supreme branch of government. the end result of this is that our opponents, the media, and to the whole world will soon see as we begin to take further actions that the powersdent to protect our country are very substantial and will not be questioned. >> jon: joining us now for a media discussion, stephen dimon,

political advisor for the washington times, and judith miller, reporter, author, fox news contributor, and no relation to stephen miller. thank you both for being here. a lot of people agree with what stephen miller said that there are judges who have taken way too much power in their own hands. did he say it in current incorrectly? >> you are right but he did capture a long string of thoughts. and for that matter you have liberals that say that judges are too powerful. but it is not the veracity of what he is saying, it has been fascinating watching the amount of outcry from reporters and may be more importantly public over what he said. the issue is the outcry over it. not so much the actual veracity. >> jon: the administration has had its share of controversies.

it is only known going into the fourth week, how do you assess what stephen miller is talking about there? >> i think that the unfortunate problem with what stephen miller said is that it plays into the general theme of donald trump as autocrats, king. and as somebody who says things that are not true. it then has to be walked back by his staff that are made to look either incompetent or ridiculous. and this statement is yet another example of that. of course the president's power is questioned. that is why we have checks and balances. and you can say that stephen miller was speaking on artfully, but this is yet another example of the learning curve. very deep and sharp learning curve with the president and his team. and i think the unfortunate part being here, statements like this

take away from the accomplishments that he is making. the positive steps that he is taking towards walking back some of the errors that he made early on. for example, the visits of shinzo abe the prime minister of japan was very successful here. and it had to be. japan and the united states must stand shoulder to shoulder against north korea. and yet stephen miller's remarks detracted from what should have been a good day for the president. >> jon: from the time that donald trump announced that he was running, he was a -- just not a typical candidate. he said things that other candidates would not say. performances during the debates and so forth. a lot of people like the candid nature, i guess, of donald trump? >> what judy was just talking about, remember it is incumbent on us against reporters to gets

rid of the food fight to get the substance of the news. there was some serious substance including a north korean missile launch that the president and the prime minister dealt with fairly presidentially in the case of trump. it is incumbent on us to actually put attention and focus on that as much as if not more so than the food fight disputes. and part of the problem is that we all have sort of bought into trump as a different kind of candidate. we are going to be different than we used to be as reporters. i think we should be very careful about that in the press. we should not say, well, because he is different. we know longer have to follow the standards that we followed for decades. we make ourselves more part of the story by criticizing, interjecting ourselves. that would be the warning that i would focus on. let's focus on the policy. a lot of things come out of trump's mouth, twitter handle. let's focus on what he does and judge those things. >> jon: relations between the

press and the president have always been rocky. through my lifetime, what is different about this one? >> i cannot remember a time when our presidents virtually declared war on the press. what he called us, incompetent, disgraceful, the worst people on the planet. of course we do not want to be loved, we do want to be loved, but we are not going to be loved. this kind of attack just puts the press -- it just gets our backs out. it just so pointless and unnecessary. the president have so many problems including, by the way, another issue that did not get a lot of attention because thanks to stephen miller, what is he going to do about michael flynn. these are the issues that the press has to be focused on. and yet it's it's very hard to focus on them when you wake up with a morning tweet, an attack on the press. he wants all of those things

that maybe he is doing it intentionally to distract us from the real issues that we should be covering. >> jon: michael flynn, the national security advisor and some hot water for having reached out to russia during the course of the campaign. we have more on that's right now. judy miller, stephen diamond, thank you. >> jenna: it is a significant story, michael flynn's job is reportedly in jeopardy after accusations that he discussed two u.s. sanctions with russian officials before the president took office. what is the truth here? what is fiction? our next guest has reporting on the topic. he joins us next.

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>> jenna: new information, the white house reportedly reviewing whether to keep michael flynn on as one of the president's top advisors. according to "the wall street journal" this morning. this comes after accusations that you have seen over the last several weeks that he discussed requesting shins with a russian counterpart before president trump was sworn in. the next report says it was not one orator cold calls, but five. d.c. national security coordinates. jonathan, you reported five calls back in late january. tell us a little bit about what you learned about those calls. >> what we were told by sources was that there were five conversations between michael flynn and the russian ambassador on the day that president obama announced sanctions against the russians in the expulsion of 35 suspected russian intelligence officers in retaliation for the russian hacking during the u.s. presidential campaign. and what we were told was that these five telephone calls covered a period of where the

russian reaction to president obama's actions began with one of outrage, and then by the end of the day we had president vladimir putin saying that he was not going to retaliate for president obama's actions. >> jenna: just to underscore some finer points of it. we still do not know the content of the calls or the length of time? >> that is correct. >> jenna: what is wrong, in theory, of having someone within an incoming administration talk to an official ambassador from another country? >> well, i am not a lawyer. i cannot tell you that. but i do know that there was considerable concerns that michael flynn was discussing policy is that perhaps he should not have been. and that it requires perhaps an investigation into u.s. law that expands or prohibits u.s. citizens, private u.s. citizens coming and let's not forget that michael flynn was at that time a

private u.s. citizen from discussing u.s. policies with foreign governments. >> jenna: i'm so curious about this. you mentioned this in your piece, the logan act. goes back to 1979. it really interesting about what you can and cannot do. it is a little bit confusing about where the line is. can you call someone and have a friendly conversation and say, you know, we are going to reset things. we are going to take a hard look at some of these policies. is that allowed? not allowed? and even in giving those guidelines, we do not know what was said during the calls. >> that is correct. but i think they would run a foul at the logan act. because what a private u.s. citizen is doing is discussing u.s. policies and potential changes to the u.s. policies as a private citizen with an official of a foreign government. the united states is in dispute. not just a dispute, but a number of disputes. >> jenna: this is a story that you are continuing to report on. i'm curious about the process,

because you have done some phenomenal reporting over the years and really the last several weeks as we look at the big stories that you have covered. but i notice in a lot of the reporting, there are a lot of unnamed sources. some current officials, former officials, this is not just your work. others as well. i'm wondering if the journalists, how do you determine what to go with? there just seems to be a lot of leaks. how does that compare with your previous administrations? >> we use the very same rules that we use with any administration. that is that we check with multiple sources. we go to extreme lengths to make sure that we have sources who are not talking to each other. they are not talking to the same people. and essentially we are confirming what each of these people is hearing before we will even contemplate publishing. >> jenna: as a journalist, how does this compare to previous administrations that you have seen come into office? >> it appears there are more leaks in the initial weeks of

this administration then any other administration that i have covered. and again, we use the same guidelines, same rules no matter what administration is in power to confirm sources before we -- what we are being told before we will publish. >> jenna: i appreciate that. that insight is answering what is actually happening. who is on the record, because we have not heard officially from the white house at what their stances on michael flynn. what is the big question this week regarding the story? >> it is to what degree and whether michael flynn still retains the confidence of president trump. it seems that he may have lost the confidence of the vice president, reportedly because he missed bloom and misled the vice president about his discussions with the investor. and he may have lost the confidence of the public affairs people at the white house including sean spicer, because when we initially reported the

story of the white house came back with an official statement that mr. flynn only had one conversation with the russian ambassador on the day in question. and now reportedly, he is admitting that he had more than one. >> jenna: very interesting. new reporting from the pentagon, i'm going to have to sort through it a little bit. talking about a source inside the white house, the exact situation paid one final question, is it possible that there is any official records of the calls? >> they're usually always is. my understanding is that they are not recorded. but to have official notetakers from the national security council staff who listen in on the line. they take notes throughout the conversation, and they produce what is known as a memorandum of conversation that goes into the official presidential record. >> jenna: and that would take place even if you are a private citizen? >> no, you were talking about the michael flynn case? >> jenna: yes.

>> it has been reported that there is a continuing warrant that allows the fbi to listen in on the conversations of the russian embassy. >> jenna: a lot of calls to sort through. jonathan, great having you on the program. we look forward to having you back. we will be right back.

♪ >> jon: we are awaiting the next move in a battle over president trump's travel ban. at the administration is considering a new executive order after the ninth circuit halted the band. senior white house advisor stephen miller slammed that decision. >> of course the president has the authority to impose moderate necessary, and sensible restrictions! including putting in place new vetting procedures to protect this country. that was delegated explicitly by

congress. paid and adheres over his u.s. constitution pitted this is a judicial usurpation of power! >> jon: let's bring in judge erred. judicial usurpation of power is it? >> he is absolutely right. because repeatedly the supreme court has said that this is a power opposed exclusively on congress and the president. it dates all the way back to 1882. i will read the supreme court decision. these are not questions for judicial determination. legislative and judicial branches are a bone confidence to act. such decisions are concluded on the judiciary. that was confirmed later in 1950. 1984, good law by the supreme court to this day. >> jon: should the administration, will the administration go to the supreme court and ask to have the lower courts, the appeals court struck down?

>> well, they could. but i doubt that the u.s. supreme court would ever take a temporary or interim order. normally the high court wants cases fully litigated below. they do not like to make a decision unless they absolutely have to. it would be somewhat risky to go to the nation's highest court with just eight justices sitting there. there could be a 4-4 splits. and then the ninth circuit decision would stand. >> jon: there has been talk about the white house rewriting the order. and doing the same thing by a different way. >> they could. for example they could limit their order just to those people who do not have green cards. those who do do not have visas authorized to enter the united states. they could offer some due process rights for those individuals. and simply let the executive order stand as to all others who are seeking application to the united states. >> jon: well, as the argument goes on we will continue to watch it. thank you for doing your part.

thank you. we will be right back. the bed for the best sleep of your life. right now, save 50% on the ultimate limited edition bed. go to sleepnumber.com for a store near you.

>> sandra: we are going to be back here in one hour. >> jenna: "outnumbered" starts right now. >> right now president trump and prime minister justin trudeau are meeting at the white house. you see where they're the photo op from just a little bit ago when they were first together. you would think that the administration's executive order on immigration would come up. perhaps it will. and news on this monday, the president says that he may rewrite that executive order after a federal appeals court refused to reinstate his restrictions on travel from seven mostly muslim countries. you know the story. let's get to the news. this is "outnumbered," i am harris faulkner. sandra smith, meghan mccain, kennedy, and sunshine yellow today, and bring in the sunshine also, #oneluckyguy, a first timer. fox contributor and national radio host, kev