nasa scientist want pluto and our moon. >> heather: they apparently no longer have to orbit the sun to be be a planet. >> jon: too many planet and too hard to memorrize them all. thanks for joining us: "america's news headquarters" starts now. >> shannon: president trump is getting ready to roll out the new version of his travel ban. the white house said he could serve a new immigration order by tomorrow. i am shannon bream. thanks for joining us. pence said he was disappointed flynn gave him inaccurate information and supports the decision to ask him to resign. any hint to when we could get a new national advisor? >> reporter: president trump hopes to make the announcement

in the next couple of days. president trump spent a significant portion of his candidates in mar-a-lago to replace general michael flynn who was fired for lying to the vice-president and today for the first time, we are hearing from the vice-president himself about how he feels about what went down. listen to this. >> i am very grateful to the close relationship i have working with the president of the united states. i was disappointed to learn that the facts that was conveyed to me by general flynn were inaccurate. >> reporter: president trump already met with -- president trump met with four cand day of thes over the weekend. we are told that he may be meeting with more candidates today in palm beach before leaving back to dc. >> shannon: the mystery deepens. the announcement from the white

house on immigration and border security. bring us you up to it speed. >> reporter: two things are happening. a new version of the immigration ban that was struck down in court. and information on the immigration and border security signed by the home land security secretary on friday. they are designed to provide guidance really to the executive order that was signed by president trump on january 25th and according to administration officials that includes hiring 10000 ice agents and border patrol agent and guidance of how the administration will remove criminal aliens. if you are convicted of criminal offense and charged with offenses that are not resolved or subject to removal order in the country.

the immigrant could be prioritize because of abusing a public benefit program is a big change. it is something that latino and immigration activist will have a big problem with. administration officials say the draft form could be finalized as early as this afternoon, shannon. >> shannon: all right. we are standing by. christian fisher, thanks. standing by chris stirewal. let me ask you about the new execute you have actions. the first roll out was not exactly smooth. how much pressure is to get it right this time? >> a bunch. they have to make sure number one, that it fulfills, what the first order of business is. what the president wants. it has to be in keeping with his

policy line. you can't water it down or mess with it or the boss will not be happy. on the other side of the coin, we know if they had done it the right way the first time, the president p would have been saved a lot of aggravation in the first 32 days in ofls. and having made it 32 days, donald trump surpassed one milestone, he will not be the shortest serving president ever. he is playing with house money. >> shannon: he wore a coat. yes, he made it. and the first public comments coming from the vice-president when he talked about the situation with michael flynn saying he was disappointed. that's the first he talked about it publicly and supported what the president decided to do is ask for the resignation. >> the president sided with his vice-president over the national

security advisor and that was right thing to do. vice-presidents play different roles in the administrations. joe biden, i hate to say that was a mascot for the administration. good at campaigning and in terms of practical policy administration not so much. and in mike pence, he tran the transition team. this is probably the most important person in the administration other than the president himself. and he and trump have a deferential relationship with trump. but trump obviously gives him wide berth in the administration. >> shannon: he is an asset on capitol hill and serving as the bridge between the president and the law makers as they try to figure out their tango. he spoke about the role of the press as the president called out the press as the enemy of

the american people. >> the president and i support a free and independent press. but you can anticipate that the president and all of us will call out the media when they play fast and loose with the facts. the truth is, we have in president trump someone who speaks uniquely to the american people and when the media gets it wrong, i promise you, president trump will set the record straight to the american people. >> shannon: chris wallace had a fiery discussion with white house chief of staff reince priebus and what he said about the president's comment and the press. >> you don't give me a break. you don't get to do that. >> you said a lot of things about fox news. he blamed you for a lot of things and i am surprised that as someone from fox he took the shots. >> no, we didn't like it. and frankly we don't like this

either. but he never went as far as president trump has and that is concerning because he crosses a line when he talks about that we are an enemy of the people. >> shannon: james rosen said under the obama administration, he was declared an enemy of sorts. they took action against him. there is always a relationship that is testy. >> we know that because our offices are close to his. >> shannon: and car pooled many times. you attest that to that. >> the press, hear, hear for chris wallace who said you don't get to it tell us what you do. and if you think you do, you are mistake itten. but in addition to that, the way that the press is responding to trump's attack they don't understand they are giving him what they want. you are right to be heard.

the enfranchisement of the press and our rights are not harmed by donald trump saying that he hates us. we know that trump hates the media and negingative coverage about him and a goodly number of his supporters agreement that's true and the right reality. the right response to that do your job and dig and be the finder of fact that takes a skeptical view of power. that's what we are supposed to do whether it is democratic or republican administration. don't get in a fainting couch spell when the president said he hates us. >> shannon: or getting in a fainting match of how great the president is. we are supposed to be fact finders. >> skeptical of those in power.

>> shannon: i am not skeptical of chris. the secretary mattis believe he believes that american forces will be in iraq and fighting there for a while. what did the defense secretary say about iraq's oil that is getting a lot of attention. >> reporter: shannon, before going to iraq, jim mattis broke with the commander in chief saying he was there to help iraq defeat isis and not take their oil. >> i think all of us here in this room and in america generally paid for our gas and oil all along and i am sure we will continue to do so in the future. we are not in iraq to seize anybody's oil. >> reporter: president trump raised eyebrows at cia headquarters when he said this

about iraq's oil. >> we should have kept the oil, but okay, maybe i will have another chance. but the fact is, we should have kept the oil. >> reporter: ahead of next week's deadline from the pentagon to defeat isis, signs that rule ares of engagement are already changing. american troops are closer to the front lines. >> it is true that we are operating closer and deeper into the iraqi formations. we adjusted our posture in p the east mosul fight and we embedded advisors a bit further down into the formation. >> reporter: currently there are roughly 6000 u.s. troops in iraq and syria. additional american force and apache gun ships could be headed there soon. shannon. >> shannon: there is a lot of activity involving the u.s.

navy, what is going on? >> reporter: the first time since president trump took office. the u.s. navy sent the carl rin cent to the region. the navy is calling the operation routine and in january secretary of state rex tillerson said china should be deniedac esz in those waters. and china sending surface to air missiles to those islands and could affect the aircraft in the region. >> shannon: thank you for check nothing. a dramatic moment in syria. a young girl pulled from the rubble in the aftermath after the air strike. assad's government is fought to quell the reb arele uprising for

five years now. malaysian authorities are trying to figure out who killed the half brother of the north korean dictator and this video could give them a clue. and a mexican teen shot dead through the border fence by a u.s. border patrol agent and why the case is caught in a legal no man's land. ugh! heartburn! no one burns on my watch! try alka seltzer heartburn relief chews.

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kid 15 years of age, who was in the wrong place at the wrong time and not involved in criminal activities. >> shannon: the border patrol agent fired the gun because several people were throwing rocks at him and other agents. >> all of us have had rocks thrown at us. i used to keep it on my deck. deadly force is the last option and a border patrol agent can use it in self defense or defense of a partner or innocent third party. >> shannon: joining us now is the chief council for american law and justice. good to see you, jay. this goes to it the u.s. supreme court tomorrow. and we'll read from what we have from the legal team. the united states exercises no power or authority over the

authority where hernandez was standing when shot. so there is a lot of things to unpack. how does it work when there is a border patrol agent on the u.s. side and a citizen on the mexican side. >> the question is the constitutional fourth and fifth and reasonable search and procedures. this is a civil case where they are asking for damages. does it apply to out of country, noncitizens? and the answer with the supreme court has to be no. that would take an act of congress. the court can't extanned constitutional protection to a noncitizen outside of your borders. and the issue before the court and raised before the supreme court, is this issue of expansion of constitutional rights to noncitizens out of country. the incident was trag and i can

there was an ongoing criminal proceeding that the agent was dealing with. i am not saying the 15-year-old was involved in that. but does the law, does the constitution apply to a noncitizen when that noncitizen is not in the united states? the shot which the officer had the authority to take place in took place in the united states and struck the 15-year-old in mexico. i don't think the supreme court will do that expansion. >> shannon: we have a photo of the area and there was a large culvert and reports that the boys were touching the guard rail and run aring back again. and allegations rocks being thrown and you can see a little bit of the area that we are talking about. the court may consider are this when you talk about how it works

in other situations. if they find that the parents can sue, that law enforcement agents in other parts of the world could be in trouble if they engage with a noncitizen on nonu.s. soil? >> the idea that you take n constitutional right and apply them to noncitizen. it impacts not only civil litigation but exposes the agents and fbi agents to the bib actions. civil lawsuits. they are limited in scope when officers engage in a action. you have to so a precedent. and it does not exist here. but expanding it outside of the united states to a noncitizen, where is the line you draw?

at what point do you say the law of the constitution applies to a noncitizen in zimba weh e. eight justices i might add are asked to decide. >> shannon: it is tragic for all of involved. jay, thank you. >> thank you, shannon. >> shannon: the russian ambassador in the u.s. dropped dead in new york city just days before his 64th birthday and actual moment the half brother of the north korea dictator died. it is setting off a diplomatic crisis.

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>> shannon: this is a fox news alert. the russian government confirmed that the ambassador to the united nations has died. no word on cause of death. russian president putin said that russia will be forever graflt for are his professionalism and talent. tomorrow would have been his 65th birthday. new video shows the moments when kim jong-un's half brother was attacked in the airport. it looked like they had a clothe and put over his face and he died a few minutes later. tensions are rising between malaysian and north korea as

they want his body. they have more from london. what are we learning about the investigation at this point? >> reporter: this is a murder mystery and it is deepening. there is growing evidence that north korea was behind the attack. and they are piecing together the few moments of his life. he is seen in the airport wearing a light colored suit. and soon after that a woman in white walks up and lunging as him and looking her arms around him briefly before rushing away. he was seen woiping his face before being escorted to a medical clinic and he collapsed and died on the way to the hospital. it is amazing to have that and see on camera the last momentses of his life. >> there is stunning to get that

video. >> police are making headway. what can you tell us about them? >> reporter: the attack took place a week ago now. and they arrested four people including the two women on the screen one from vietnam and indonesia and a north korea man with a doctorate in chemuftry. investigators believe they were north korean agents watching while kim was poisoned. he had demanded to see the suspect and rejected an autopsy and said the malaysian authorities cannot be trusted with the investigation. and the north koreans blaming the south koreans saying they are setting them up. north korea is still in the headline for this. >> shannon: thank you so much.

president trump taking to twitter to make comments on sweden. repeal and replace and along with the mantra of republicans wants to replace obamacare. you will not believe the town halls across the country. >> what do we have got? okay. ooh. okay. so we're trying from a different perspective and not make it a referundum. as too busy withe 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

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>> shannon: look at headlines isis vowing attacks on christians. a suicide bomber blowing himself up in cairo. that is called only the beginning. turkey, vowing to fight alongside u.s. forces. president trump calls turkey a partner in trying to contain the war in syria. reports of a sharp increase in pain killer theft and missing prescriptions. house republicans considering the broad outlines of repealing and replacing obamacare. secretary price told law makers that president trump is all in. but there is a question of how to pay for it. peter doocey is live on capitol

hill. holding down the fort there. how are republicans pitching the process. >> reporter: a lot of talk from the republican law maker system about the kind of damage the affordable care act is doing to the economy. they are not giving a ton of details on what would be in a republican leadership backed replacement bill because the republican leadership have not given specifics. just 19 pages talking points. but there is not a price tag. it is just giving more states more power and including refundable tax credits. conservatives don't like the tax credits and the freedom caucus is backing a bill that is introduced by congressman mark sanford and senator rand paul. >> i think we will repeal

obamacare in 1 or 2 months. i am sure of that. there is a debate of repealing the whole thing or whether or not the big government republicans who want to keep obama light. the conservatives are ready for a fight and the house freedom caucus said they will not vote for partial repeal. i am in the same camp. >> reporter: over the weekend, president trump said the republican replacement is coming soon. >> shannon: what kind of counter programs are democrats doing? > reporter: just save the affordable care act. >> we want to see them come up with something that is not diminished than the affordable care act. >> reporter: move on.orgare trying to help constituents find the town halls to it make the

case for the affordable care act. and that could explain they have large clouds when they don't normally do in a recess. >> shannon: and matching signs in alburquerque and are the parts. it is it a free country. thank you, peter doocey. for more mereddies slap. and joe trippi who is a fox news contributor. mercy, we'll start with criticism from the right and left on obamacare. why the self- imposed deadlines for having the legislation ready is not making it and not anything on the president's desk to sign. and senator graham said the gop has to get it together. >> absolutely, the idea of repeal and replace, some are calling it repair. it is more complicated than people think.

i think you have have to realize it will take a significant amount of time to be able to repeal and replace and some cases, the republicans are changing their tone and c repair obamacare. and within the gop, they are not agreeing. between the freedom caucus and republican leadership. i think they have to find an area of common ground like the health saving's account and high risk pools and see keeping part of the obamacare in terms of preexisting conditions, you will keep that. the challenge for the republicans, they realize that this is one of the most important things to get down in the congressional period. but they have to get it right and foolproof. >> shannon: the left will not let them have an easy time to do that whether it is repair or

replace. they are well organized and telling people how to take on the gop you law makers in their town hall and that is something that republican mark sanford saw in charleston and this is his experience. >> this is not a referundum. our job on what we do like with donald trump. i will leave it to him to speak where it is. and that is. that is an hour. and they are doing their best to preserve the ac a. and that is very easy. and people get them on the

preexisting conditions. and that is a lot of things they know they and want the problem has mercedes pointed out. there is no agreement on the other side. but getting rid of obamacare, but no agreement of how to do it. they are tending to keeping on preexisting condition and young people on many similar things. you are likely to see more repair than repeal and replace. and they can't agree on that. and paying for all of this. if you remove the main dates. and if you remove those how do you pay for this.

>> and just for you guys, we have a new tweet from the president. meeting with generals in mar-a-lago very interesting. we know that he is vetting a handful of generals to be his new nsan advisor, what do you make of that tweet? we have no idea if it is to do with the nsa. >> this is an important pick and have a national security advisor you can trust and someone to lean on and give advice on foreign affair and with michael flynn was incredibly disappointing of how he managed the affair and didn't give the right information to the vice-president. the national security advisor is close ally and it is key that president trump needs to be comfortable with that pick.

>> shannon: last time around he said his man didn't do anything wrong but there disappointed about inaccurate information he was given. >> it is interesting. i think john bolton is probably closer to trump's foreign policy and the one he espoused, bolton is probably closest to hem. on the other hand, he's not a military general which general flynn and the others are. the other candidates seem to be. it will be interesting to see which way he goes. it may come down to do they put their own team in or no, you come in and have flynn's team or the majority of it. all of these things for the air right now. i agree with mercedes, it is an important pick and got to get it

done fast. >> shannon: it sounds like reince priebus said they would have their own team. thank you. anti- trump protestors gather nothing the park in new york city. participate nothing not my president's day rally. no word of violence of any kind. rick is watching it and joins us live. >> reporter: it is peaceful on the park. the nypd shut down numerous blocks and it is not very crowded here now. there were several hundred people stretching from 68 street to columbus circle. and if you look south along the central park west. 2 or 3000 is a rough estimate and no official organizers.

we have seen numerous signs from a group representing refuse fascism.org. everyone chanting thing and many that we heard in the campaign. no justice no peace. black lives matter. and my body, my choice and show us your tax and protesting trump's plans to build a wall. and you can guess the rest. you can see the signs, love trumps hate. we apologize if there are offensive signs here and a lot of people who don't like the president of the united states and out here to make their voices heard today. >> shannon: thank you for the update. as the president prepares a new executive order on imgrachlthz -- immigration. it will be here on the fox news channel. you don't want to it misses it.

>> shannon: the supreme court ruling against a florist after refusing to serve a gay couple. she will take it all the way to the supreme court. >> which retailers made the zombie list. we'll explain, coming up. hello, i'm an idaho potato farmer

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our heart healthy idaho potatoes, america's favorite potatoes, and donating to local charities along the way. but now it's finally back home where it belongs. aw man. hey, wait up. where you goin'? here we go again. >> shannon: a major viktsry for gay rights and bro to religious. the washington state ruling against a christian florrest who refused to give flowers for a marriage ceremony. she barred a state law for discriminating against sexual orientation. that florrest is appealing to the u.s. supreme court. opponents hope the win will set

precedent for equality. >> we don't think they can impact. and hope it does nationwide for other people to go through the same denial of services of what we did. >> shannon: we have kerry and a member of the legal team and great to see you both today. >> thank you. >> shannon: you and i talked a long time ago when the case started up and they were friends of yours and at the time it was surprising to you that they would come back being and sue you. how are you doing in the meantime and personal finance and business? >> we have done okay. you know, it is so upsets me that we could lose everything. i served and loved rob over ten

years and i would do so but to think that we could lose home, retire sxment life saving and our business to leave our children and grandchildren, it is unbelievable. >> shannon: we will play a bit of sound for the prosecutor in the case. >> sexual orientation is a protected class just like race and religion and if they choose to it sell wedding flowers they can't do it only for heterosexual couples and deny the service to gay couples. >> shannon: is he right. she said it was not about the sexual orientation but the ceremony. but the laws on the books, she violated it? >> there are a couple of points to think about here.

first of all, the law protects religion where she is a member of. but it is interesting attorney general ferguson in the oral arguments that creating flower and a visual art is protected under the first amendment. the first amendment allows for broad protection for this custom protection. we have rich tolerance and artist shouldn't be forced to create work that is inconsistent of their convictions under the threat of government punishment like the kind she is facing right now. >> shannon: did you think you would be part of the case before the supreme court? they are considering another case similar that involves someone baking cakes for same- sex ceremony and declining to. what is it like for you, you built your business and happy doing your work and now you are

a national headline? >> it is quite surprising. rob and kirk have every freedom to believe they choose on marriage. i am just asking for the same freedom. i miss rob and i would wait for him. there is no animositty here what so ever. >> shannon: good to speak to you both. we'll track it to the u.s. supreme court >> shepard: all right. may were a main stay of american culture for decades. malls running the risk of becoming retail graveyards. what stores are trying to do to stop that. so the president needs something and needs it fast. the one piece of hard way that stands in the way of his next executive order.

>> shannon: we want to take you live to where president trump is spending the weekend at mar-a-largo. he's speaking out this afternoon. may have an announcement. let's listen in and see. >> hello, everybody. ready? we're ready. so i just wanted to announce we've been working all weekend verydiligently, very hard. general h.r. mcmaster will become the national security advisor. he's a man of tremendous talent and tremendous experience. i watched and read a lot the last two days. he's highly respected by everybody in the military. he's known by keith kellogg, who i have also gotten to know and a terrific man. they'll be working together.

keith is going to be chief of staff, and i they that combination is something very, very special. i met with many other people. tremendous respect for the people i met with. i know john bolton we're going to ask him to work in a different capacity. he's a terrific guy. knows a lot. has a good, good number of ideas that i must tell you i agree very much with. we'll be talking to john bolton in a different capacity. we'll be talking to some of the other generals that i met with that i really gained a lot of respect for. so i think with that i'd like to ask h.r. to say a couple of words. i'd like to ask keith to say a couple words and then i'll see you in washington. we're leaving now for washington and the white house. general? >> president, thanks very much. i'd like to say what a privilege it is to continue serving our

nation and i'm grateful to you for that opportunity. i look forward to joining the national security team and do everything i can to advance and protect the interests of the american people. thank you. >> you're going to do a great job. general? >> mr. president, thank you for the opportunity to continue to serve. i'm very honored by it, privileged by it. very honored and privileged to serve alongside h.r. mcmaster. thank you, so. >> thank you to you. what a team. a great team. we're very, very honored. our country is lucky to have two people like this. frankly, after having met so many of the people in the military, we're lucky to have all of them. thanks very much and i see you back in washington. >> shannon: of course, they're going to try to ask them questions there. probably won't get them answered. a lot of speculation the last couple days. let's see if we do get any

answers. nope. doesn't sound like we're going to. all right. the president headed back to washington d.c. and back to the white house. a lot of speculation who he would pick to succeed michael flynn. there were several men in the mix, including john bolton. he didn't get the pick. the pick goes to lieutenant general h.r. mcmaster. we're told that mr. bolton will be working in some capacity along with the national security team. sounds like the way the president described it, to see more about the man selected, he graduated from westpoint, got a ph.d. at the university of north carolina chapel hill and wrote a book called

"derrelection of duty." interesting note, he will now be heading up the advice, the strategy that this president looks into as he has to make decisions about hot spots all over the world. the president closed the group to a number of generals along with ambassador john bolton. he seems to favor that have served and are serving in the military. after a bit of controversy with michael flynn, he's chosen the next man that will sit there in the meeting with the top strategists as they make decisions about isis, the middle east, north korea, the south china sea. they have a lot of hot spots to talk to, a lot of decisions to be made and now we know who the man will be alongside the president. we got a tweet a short time ago that the president said he was enjoying meeting with several generals at mar-a-largo after a quick notice that he would make some type of announcement.

we thought this would be it. it was. the man to his right, lieutenant general h.r. mcmaster who will now step up and serve this country as the national security advisor and the president as he stops to make difficult decisions across the world and the country. he thanked general kellogg in his help for helping in the selection process. we understood he was considered as well. the president has a lot on his plate. he has someone to do the job with him for security. that is the man and the president now heads back to washington. again, he had a lot of accolades to say. we had hoped he would take some questions there as he often does. entertaining. brings us more information about who he has chosen. let's play a little bit more

about general h.r. mcmasters, highlights serving in the army capabilities and integration center. he has a lot of medals and accommodations. he's a very experienced, well-respected general across the board. he won the president's attention. after having interviews with a number of people that you look at their resume and say these people are highly qualified to step in, the president made a quick decision and now making his decision as they look forward to working together to coming together and to unifying on important issues and principles they have to discuss like the u.n., south china see, north korea. the president has a man to help make those decisions. somebody that graduated from westpoint, got a ph.d. from the university of north carolina at chapel hill. he wrote the book that talked a lot about the military

challenging top advisors and defense secretaries and president, lyndon johnson during the vietnam war. a lot of people say it's good to have somebody in contrast to your position to make big decisions. that's the man. i'm shannon bream. here's jon scott. >> president trump promised a deportation force. a leaked memo calls for thousands of agents to round up immigrants illegally. for previous looks, a top member of congress says he knows who is to blame. he says the fbi should investigate. international intrigue. a brazen assassination in a busy airpo airport. the north korean dictator is demanding his brother's body back. let's fire up the fox news desk. >> i'm jon scott in for shepard smith. the president just announced h.r. mcmaster as the new national security adviso