tonight. see you back here tomorrow nigh night. ♪ump isn't living up

to his campaign promises because over the last week, i.c.e. arrested over 700 aliens. including those convicted of murder, sexual assault on children, drug trafficking, dui, and weapons charges. so, yes, i.c.e. is busy. but there is zero evidence showing that emigration agents are doing more under the trump administration then during the obama administration. in fact, the numbers show they are not doing nearly as much. considering last week, the nationwide i.c.e. operation targeting convicted criminal aliens netted 680 arrests in march of 2015 under president obama, a

nationwide five-day operation netted more than 2,000 criminal aliens. under the eight years of george w. bush, more than 2 million illegal aliens were departed. under president obama, it was well over 3 million. experts say the difference now is fearmongering, like fall social media reports of people being arrested on their way to church, or about raids and sweeps that never happened. secretary kelly says nobody is going into walmart to check papers. he said agents know exactly who they are looking for. watch. >> i.c.e. is executing the law. i would tell you, i have been around a lot of pretty darn good men and women in the armed forces. what i saw today, the professionalism, a very potentially dangerous environment, that gave me great pride. >> but one immigration advocate told "the new york times" "it really doesn't matter if it is

business as usual from i.c.e.'s perspective, at some point, we know they will start to ramp up enforcement activity." but so far, immigration enforcement under president trump's pretty routine. martha. >> martha: thanks, trace. here now, david, an attorney, and antonio, the former mayor of los angeles. a candidate for governor of california. welcome to both of you. >> hi, martha. >> martha: lastly, we played a sound bite from president clinton, which sounded not that dissimilar from what we have heard from president trump in many ways. here is president obama talking about illegal immigration. >> those who enter the country illegally and those who employ them disrespect the rule of law and they are showing disregard for those who are following the law. we simply cannot allow people to pour into the united states undetected, undocumented, unchecked, and circumventing the line of people who are waiting

patiently, diligently, and lawfully, to become immigrants in this country. >> martha: must go to the mayor first. what is the difference? why is there so much hysteria over the trump action? >> first of all, i will defend president obama when it is warranted. i am not going to defend his deportation policy. i didn't agree with it. and i don't agree with what is going on here. if it is true that upwards of 75% of the 700 plus people who have been deported are serious criminals, why won't they respond to the congress who has asked for that specific information, detailed information on exactly who has been deported and what they have done? we come here, i have heard from lawyers who represent the rapid response network of lawyers that are representing these deportee deportees, saying that a number of the people, a good number, i

don't have exact numbers, but a good number of them, have not committed serious violent crimes. in fact, there have been some checkpoints -- >> martha: 75%, according to the document by homeland security, says that these people were criminal violators. the other 25% they say are people who have been either kicked out a couple of times or have been told they have to leave by a certain date that have not laughed. >> or used fake documents. that is what i am saying. why don't they show us the evidence of that? remember, too, you are taking statements that have come from three different people but we are not putting them in a context. the context here is that president trump has talked about, for a year and a half, deporting 11 million people. that is a number that we have

never seen anywhere. >> martha: your turn to respond. >> martha, i have statistics. last week in l.a., 160 people were arrested. 150 of them had serious felony convictions, martha, i have represented people for many years. when someone is convicted either by a jury trial or they enter a plea to a felony case, a judge reads them an admonishment saying if you are not a citizen of the united states, not you may, you could, but you will be deported. this is no surprise to these people. the surprises they detrimentally relied on the last eight years when barack obama did not go after people in these type of criminal raids for deportation purposes. so, yes, their families have expanded, their children never liked and the fact that these people would still be in americ. but when i saw mr. trump at a rally last summer in costa mesa, i asked him about his promises including immigration. i will never forget.

he looked me in the eye and he said, "you just watch" when it comes to whether he will follow through, whether he was serious about the wall, this man means business. he wants to protect america. that includes the latinos in southern california who are law-abiding citizens who want protection themselves. this is across the board. >> martha, nobody is suggesting that if somebody is a serial killer, has her children, has committed serious, violent crimes shouldn't be deported. >> martha: let me ask you this, though, what if someone has repeatedly been kicked out of the country, and allowed to come back and come out like kate steinle's killer for example? what if they have no prior violent record but have been told by a judge, you have to leave by december 2013 and then, it is discovered by i.c.e., you are still here, several years later. that is against the law, mayor. if you have been told you have

to leave, and given time to do so, then that is the law. how do you get around that? >> the law is broken, martha. we both know democrats and republicans, the immigration system is broken. why not spend our time fixing it? instead of terrorizing communities, coming into those communities, dividing children from their parents and the way that we have seen in a number of these cases. >> martha: if the numbers were higher under president obama, why is there so much fear and anxiety now? >> i already said to you -- i am not defending president obama on his immigration policy. >> martha: the point that -- >> martha, the point is that the media is outraged when trump does it as opposed to when obama did it. why? because mr. trump as mr. trump. the reality is, when you reenter the country, as you were just

talking about and you have a criminal record, there are federal penalties. they should be filed in federal courts. there are federal prison requirements for someone who repeatedly does that, like the man in san francisco who killed kate steinle. i think the bear would agree. he could well be the governor of california, i hope he is, anything would be better than what we have now. i bet you the mayor will work with president trump on this issue. there are multiple levels of the issue that have to be dealt with. when it comes to somebody who is got a violent felony record and they reenter the united states e got to take appropriate action. >> martha: thank you so much. also breaking tonight, a district court judge in washington state rejected the arguments for the white house moving forward with a trial threatening to deliver another blow to the president's executive orders on extreme vetting. judge andrew napolitano as fox news, sr., traditional analyst. good to see you. what is new? >> here's what happened. on thursday, with the ninth circuit court of appeals, a

panel of three judges, ruled against the president, keeping in place the nationwide restraining order put in place by a trial judge, after that, over the weekend, one member of the court, not one of those three, there are 29 judges on this court, said i think the whole court should hear the case. when the trump administration learned that this judge made this request, they said to the trial judge, we think you should not do anything in the trial court level until the ninth circuit court of appeals, all 29, decide whether or not as a group they want to hear it. in fact, they don't sit as a group. they said in a group of ten or 11. just 5 minutes before you came on air, the trial judge in seattle, the one who issued the order two weeks ago, the subject of the appeal, said i am not going to stop the trial. we are going to go forward. if the president of the united states expects a's executive order to be enforced, he is going to have to demonstrate the evidence to support that executive order. we have a federal trial judge in seattle basically saying to the

president of united states, why did you decide to stop immigration from these nine countries? come and escort courtroom and prove your case. >> martha: look over the white house doesn't want that process to go through the ninth circuit. they also have the option to rewrite the executive order in a way that might work better. >> i have been arguing all day that the president, for legal, constitutional, political reasons, should tear up the executive order of the 29th of january, write a new one. if he does that come of away. so do the 48 other cases that have been filed against him and he knows what the deficiencies are in that order. he knows how to correct them. >> martha: do over. >> yes. >> martha: laughs we'll see. thank you very much. also breaking tonight, national security advisor michael flynn and hot water after a controversy erupted over a conversation he held last december with a russian ambassador. tonight, there are conflicting reports out of the white house about his status.

marc thiessen and matt bennett here on that breaking news just ahead. >> basic question here, does the national security advisor right now enjoy the full confidence of president trump? >> yes, general flynn does enjoy the full confidence of the president. i am totally blind. and sometimes i struggle to sleep at night, and stay awake during the day. this is called non-24. learn more by calling 844-824-2424. or visit your24info.com.

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nikki haley. "we call on members" -- with regards to the muscle test that happen over the weekend, not an icbm but a ballistic missile launch --

"these launches are unacceptable. it is time to hold north korea accountable, not with our words, but with our actions. "what do you make of it? >> that is a very encouraging statement. you do need to have actions, it is very simple with the action are to be. we are to put a land base rc base missile defenses in korea . the next time they tried to fire a missile, shoot it down. that will send a clear signal to north korea and it will put them on their heels. i think action is needed. 100%. >> martha: what do you think about that statement? >> i think it is fine as long as it is backed up by reality. what you see often, as young as it is, bluster without back up. if there is chaos my national security ranks of this administration, can be difficult for them to follow through on the threats that ambassador haley is making. >> martha: marc, is that fair?

>> so far, it has been three weeks. he hasn't drawn a redline. i guess it is kind of hard to take that criticism seriously. i think he has handled it very well. he put out a statement saying we stand 100% with the people of japan. he has promised through his u.n. ambassador to take action to counter this. i think that is a lot better than saying to the syrians, we will bomb you if you cross this redline. >> martha: thank you very much, matt and marc. good to see you both. it is not just michael flynn who has come under some increased pressure as one of president trump's closest confidantes. can we expect a shakeup at the white house? on capitol hill again today to try to lock down his supreme court nomination. former senator kelly ayotte, who was helping mr. gore gorsuch go through that process joins us on that. then, politics, straight ahead.

>> martha: breaking tonight, as we told you moments ago, new reports adjusting cabinet level shakeups are possible, as the white house reveals president trump is "evaluating the situation when it comes to

national security advisor michael flynn." we will bring you the news as it happens. we know the president said they would be releasing or working on some kind of statement. what does that mean? we don't know yet. we will show you when it comes out. in the meantime, a lot of questions about another member of the white house staff, as a close confidant to the president declared his own major concerns about chief of staff reince priebus. watch this. >> i think there is a lot of weakness coming out of the chief of staff. reince priebus, good guy, well-intentioned, clearly doesn't know how the federal agencies work. i think the president is not getting the backup he needs in the operation of the white house on sometimes, the pushback he needs, what you would have with a stronger white house counsel. >> martha: joining me now, a veteran navy seal and supporter of president trump. robert zimmer as democratic strategist and dnc committee member. welcome to both of you. on priebus and michael flynn, a lot of speculation out there

tonight. >> i can only speak -- i don't know much about the media. general flynn has been, to make him a very trustworthy, straightforward guy. a remarkable character. i can't speak to what is going on behind the scenes but i can say that he has outstanding character. >> is in this where you shout "life of me or get a saturday night," let's be serious about this. he is acknowledged lying to the vice president. why were these phone calls made to the russian ambassador by the president-elect national security advisor the same day that president obama announced severe sanctions against russia. it is time now for an independent special prosecutor to begin to evaluate not just why these phone calls were made by the national security advisor but also, to further examine the connections between the trump campaign and russia, and the hacking. >> i'm all for transparency. let's figure out what happen. >> martha: what do you think what happened, what is been seen as chaos.

i get so much attention, we just went through a number of accomplishments that happen over the last week. unfortunately, they have had good meetings of japan, good meetings of canada, a lot going on. then, this bluster gets a lot of attention. there speculation about you that you might want to get involved in the communications department. is that real? >> i got the call friday night and said, i heard you were going into sean spicer's position. i said, news to me. >> martha: who said this? >> a reporter who called me on friday night. i had no idea. i have been involved in loose talks with the white house, i did not interview for sean spicer's job. well, i served the president since day one as a powerful surrogate. i fully believe in his message and i believe in his presidency. i would be happy and honored to serve any way possible. i'm not taking sean spicer's job. >> martha: let's go to this. some sound from al franken, the senator came in about

president trump. >> is it true that republican colleagues of years expressed concerned about president trump's mental health? >> a few. >> really? >> yeah. that the majority of them, a fe few. >> in what way? >> in the way that we all have the suspicion that he lies a lot. he says things that aren't true. that is the same as lying, i guess. >> martha: robert. >> let's be clear, it is not just the democrats who are saying the president lied, you have republican leaders in congress calling him out for lying about illegal voting for example. i think it is important -- also blog about his crowd sizes of the inauguration. you can talk about reince priebus, general flynn, but after you change the decks of the titanic, doesn't matter until you change the direction of the ship. ultimately, what you are saying in terms of the crisis of confidence from the republicans in congress, backing away from

the president of the mexican wall, posing him on the muslim man, standing up too many initiatives, it is because they don't trust his confidence. >> martha: it is highly possible that the reason that these discussions take place, and all of this other fluff and chaos around the white house is because this is an incredibly aggressive agenda that is played out over 25 days. i have seen several presidencies. i have never seen this kind of activity. i am sure al franken would much rather talk about the fact that he thinks there is wacko going on. but there is stuff that is real that is going on at the white house that is much more important. is it not? whether you like it or not. >> the issue is that president trump does not have a small cabinet and place and there is enormous amount of infighting. i don't have inside information about this. you have the trump loyalist, who have been there for the beginning. then, the politicos. they are fighting back and forth. as soon as they can drop their egos and get of the same page as president trump and execute his agenda as he wants to see it, things will be smoother. >> martha: do you expect the stuff to straighten out?

>> not only do i not seeing it straightening out, i think the musburger problem is, the president cannot hold the republicans in congress. he needs to unite the country. >> martha: thinks, you guys. good to see you both. let us know if you have any new jobs to talk, tell us about, carl. we want to know, do you care about the internal strife at the white house? is it really -- doesn't really matter? tweet me your answer @marthamaccallum using the hashtag #first100. we want to know if you are screaming at your tv right now. with the president's tv involved in a high-stakes court fight, there is new attention on neil gorsuch. a sensitive topic for you. the pick to be the next supreme court justice. former senator kelly ayotte joins us next. plus, the music world decided to share some new thoughts on the president. and those results are straight ahead, too.

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>> martha: just moments ago, steve mnuchin has just been confirmed by the senate as a new treasury secretary. it was a 53-47 vote, a very close vote for a cabinet member for the president. also, tonight, day 25 of the trump presidency marked exactly one year since supreme court justice antonin scalia passed away, just days after taking office, president trump named george neil gorsuch as his pick to replace school year. he spent much of the day on capitol hill, meeting with lawmakers, shepherded through the process by former new hampshire senator kelly ayotte. good to be with you. how is it going?

do you think you will get 60 votes or do you think the nuclear option will be employed? >> he has met with close to 40 senators on both sides of the aisle at this point. we are meeting with randy moore, five democrats tomorrow. i think is impeccable education qualifications, served on the tenth circuit for ten years, he should be getting well over 60 votes. i have to say, we are getting a good reception in the offices. he is a man of great integrity. obviously, today, on the one year anniversary of justice scalia, certainly, someone who would be an excellent choice on the supreme court. >> martha: in terms of potentially eight democrats, do you think you have them yet? how close do you think you are? >> martha, i think a number of the democrats we have met with have expressed openness to his confirmation. i am optimistic. i think at the meetings the judge has had answering their questions, they see his incredible background, not only

his impeccable qualifications, but how he conducts himself, with integrity. he is very humble and answering their questions. i think that will bode very well and this confirmation process. >> martha: these things will matter, even though chuck schumer is saying there is no way. >> you will have some people who are going to dig in their heels for partisan reasons. but there is no question that judge gorsuch is so qualified to be on the supreme court. an excellent choice by the president. you see that in many of the meetings he is having across the aisle, really having very real interactions with members of the senate, answering their questions. they're getting to know him. >> martha: we will see what it is like when we get to the hearings. i want to talk politics with you. apparently over the weekend, the president said, if you have been on the train, we all remember the trump train during the campaign, you wouldn't have lost. it was such a close election, new hampshire, what you think about that?

>> the president was kidding around with me about the election. i have to say, i am honored to help the president with judge gorsuch's nomination. this is a time when we hope that obviously, this really qualified nominee will get confirmed by the senate and i am very glad to help him. >> martha: the president and stephen miller suggested that if you understand new hampshire politics, which you do, you know that thousands of people are bossed in illegally to vote. is that true? >> again, i don't think we should be talking about the election. right now, this is about making sure that the president's nomination of this excellent judge, judge gorsuch, gets confirmed to the court. certainly, as you look at where we are, and even of the cabinet nominations that have been made, this is an important time for the nation. especially, with a subordination with to the highest courts. >> martha: you haven't seen thousands of people being bussed in illegally to new hampshire? >> i've had a very close

election. i am really focused right now on getting the supreme court justice confirmed. >> martha: all right. thank you so much. good to have you here tonight. we'll see you through this whole process of the most forward. >> thank you. >> martha: tonight come alive from capitol hill, what can we expect tomorrow on day 26? ed henry joins us with the very latest. plus, the music world versus the president. we will take on the grammys from last night. what a show, right? did you catch it? we will be right back. >> resist! resist! liberty mutual stood with me when i was too busy with the kids to get a repair estimate. i just snapped a photo and got an estimate in 24 hours. my insurance company definitely doesn't have that... you can leave worry behind when liberty stands with you™ liberty mutual insurance

>> martha: that is a singer who caused quite a stir last night of the support of president trump on the red carpet for the grammys. it was full of politically charged speeches on the opposite side of that. trace gallagher here to take us through it from the roscoe's newsroom. hey, trace. >> the producer of the grammys said that he had no problem with

performers using the show as a political platform and they took him up on this offer, beginning with host to james gordon, who took a swing at trump from his opening wrap. from there, jennifer lopez declare this as no time for despair, time for action. michael jackson's daughter, paris, called for opposition to the dakota access pipeline. then, came a tribe called quest. to listen. >> i just want to thank president agent orange for perpetuating all of the evil that you are perpetuating throughout the united states. >> resist! resist! >> as you alluded to, she didn't have to say anything, her support was crystal clear. later, she got pilloried by the performers as well as a social media world. at the end of the week, it really wasn't the singers who got the biggest eggs, again, the comedians. including melissa mccarthy returning to saturday night live as a seething sean spicer. watch. >> mentally, though, are you

okay? >> are you kidding me? funny but many liberals found "snl"'s kellyanne conway's get to be a little too much. it ended, she breaks into jake tapper's house with a knife and a negligee, pleading to be booked on his show. the new yorker called the fatal attraction inspired skipped "sexist, unfunny, and a gift to the white house." other side it was pretty funny. martha. >> martha: there is that. thank you, trace. here with more, richard fowler, and fox news contributor. the "fatal attraction" thing is stomach churning, i thought. >> absolutely. it sounds like a trite talking point to say, what if someone on

the right have done it to someone on the left. in this case, it is true. you can't deny that it is true. they are suggesting the only way she got anywhere is being sexual and violently sexual. it seems that on the other side of things, having trouble sticking to their own rules, what is an acceptable to treat another person. no jokes bother me ever but it is hypocritical. >> martha: it is just not funny. >> i didn't laugh at all. be one some of it is very funny but i think everybody, richard, appreciates -- you can poke at the president, the white house, we have been watching out for generations, part of the american culture to an extent. but when it is vindictive and the agent orange stuff, perpetuating the evil in the world, it might be over the line, no? >> i think the kellyanne conway piece of "saturday night live" was over the line. here's the thing about the gravity, grammys, over and over we have seen musicians use their

platforms to push forward or uplift what they deem to be horrific or or oppression or different things. we saw billie holiday in 1955 release a song called "strange fruit" to protest lynching in the south. we saw sam cooke write "change is going to come" in 1963, to also protest jim crow. i think that is what musicians do. they use their platform to speak to their audiences. i think busta rhymes and tribe called quest or speaking to their audiences. jailer was speaking to her audience. i think the "saturday night live" missed the mark. i think it is the drop of musicians to be political. >> martha: may be a does it had perspective that is difficult. the two examples you gave, genuinely moving. powerful. sometimes, it feels like some of this stuff is shallow and not based on real facts. we did the immigration story earlier tonight, kat, we talked about how they were more people

being thrown out of the country under president obama then there are under president trump. i don't remember them marching up people onto the stage and pointing to them and saying that you will be kicked out of the country, you will be kicked out of the country. that is what i saw last night. >> absolutely. the truth is, a lot of this is self-serving. meryl streep has still been bragging. she gave a speech to the human rights campaign, bragging about how she spoke out against trump and how she has a target on her back. the only people targeting her are trump supporters, she doesn't care what they think. everybody out there is acting like a hero. i didn't see any heroes of the grammys last night except for rihanna with a diamond flask. that is a hero. [laughter] >> you don't think beyonce's performance was heroic? >> i don't know what that was. >> i thought it was beautiful. i thought it was definitely beautiful. >> martha: thanks, you guys. good to see you all. thank you. earlier, we asked if you cared about the internal struggles of the white house.

your answers on that are quite interesting. those are coming up next. plus, ed henry joins us with his late breaking news on capitol hill tonight. a look ahead at what you can expect this week. ♪

... ... ...

>> martha: a packed 25th day in office for president trump draws to a close. more president trump's nominees just got confirmations. a slow but steady process. for those results on what to expect from tomorrow, ed henry. hello. >> good to see you. a busy night in in a senator. we finally found a trump nominee that democrats can actually vote for. that is the new va secretary, 1 of 2 people confirm tonight, dr. david shulkin. you can see him there on the right. significant, why are democrats voting for him? he served under president obama as the undersecretary for the v8. steve mnuchin, as well, finally confirmed as treasury secretary.

we are told the president will be taking part of the swearing in of mnuchin at the white house. they have been concerned about market reaction with concern about no treasury secretary in there for business. now, they have one. big thing coming wednesday, the israeli prime minister benjamin 19 yahoo! coming for his first official visit to the white house with president trump. a much different relationship expected in the way he was treated in the obama years, for sure. look at jared kushner, the presidential son-in-law, who has been tasked with, no big deal, come up with mideast peace. that is a daunting task. these meetings will be the first big test for jared kushner. finally, tomorrow, something big on the schedule. ate lunch between the president and governor chris christie. remember, he was the transition teach initially, then, pushed aside. never bound up with a job. he said he was offered all kinds of things, he didn't think any of them are big enough or federal he wanted to do. he ended up not getting in the administration. think about this, he is having lunch with the president, he

doesn't hold back with advice. as all the speculation is swirling about general flynn and sean spicer and reince priebus and who is on thin ice, that lunch could be a big deal. >> martha: thank you very much. earlier, we ask, do you care about the internal strife that is getting so much attention of the white house? here are some of the responses using the hashtag #first100. teresa tells us, "we all care about is going on, we just was our president and have the support that other president have enjoyed." carol says this, "do not care about reports of internal strife in terms of the administration. it is all spin by the media. so far, amazing." tonight, we leave you with this. justice scalia died one year ago. it was a shock to the nation. we understand of the president spoke with mrs. scalia. he was a master of words. so, who better to leave you with a quote tonight?

he said this. >> bear in mind that brains and learning, like muscles and physical skills, or articles of commerce. they are bought and sold. you can hire them by the hour. the only thing in the world ♪ >> tom: welcome to red eye, hello everyone, i am tom shillue. let's check in with tv andy levy at the "red eye" tease deck. >> andy: thank you, tom, coming up on the big show, a man visiting mar-a-lago takes a picture with the man in charge of protecting the nuclear football. pakistan's high court outlaws valentine's day. court decision symbol he said it's not you, it's us. and finally, a new study says married men are happier than their single counterparts. watch tom shillue shamelessly pretend to agree straight ahead. back to you,