diners. ok. i like when abby gets the feedback from the true patriotic people. keep the segment. we love the show. thank you so much. bryan, you are overruled. >> bill: good morning, everybody. president trump set to put his stamp on how the white house spends your money and it puts a priority and the u.s. military and border in the south and veterans. good morning, i'm bill hemmer. welcome to "america's newsroom." good morning, shannon. >> shannon: nothing new for the president to push uphill. i'm shannon bream for martha maccallum. more on the budget in a minute. first president trump's second federal ban blocked two federal judge stopping the order hours before it was supposed to take effect. the president responding last night in tennessee. >> the order he blocked was a

watered-down version of the first order that was also blocked we another judge and should have never been blocked to start with. this new order was tailored to the dictates of the ninth circuit in my opinion flawed and this is a judicial overreach. >> shannon: chief correspondent john roberts on the north lawn. lots to get to. let's get to the budget proposal. let's get to the numbers. >> the budget director told us he went through every word of every speech the president gave in the campaign trail and developed a budget policy for it. there are going to be increases and some cuts. first of all let's go through the increases. a big increase in defense spending. there'll be an additional $54

billion on and $52 billion to the dod and department of homeland security for $3 billion. veterans affairs goes up by 6%, $4.4 billion. in order to pay for this without increasing the deficit they'll be slashing spending across the rest of the discretionary budget. these are not little cuts, these are deep ones as well. let's put some of those up on the screen as you follow along here. state department will have a 28% -- yes, 28% decrease in its budget. much of that from the foreign aid $10.1 billion is what's being cut. a 31% decrease at the environmental protection agency the elimination of 3, 200 jobs and hhs decreased by $15.1 billion and a thorough reorganization of the national institutes of health proposed in this budget. the budget of directors also

proposing to end a number of independent agencies including the national endow many for the art and the corporation for public broadcasting. the new budget also eliminates the global climate change initiative and end payments to the u.n. green climate sun part off the paris climate accord. the director mulvaney said it's what the president ran on and what he is delivering. >> you have an america-first president and now america-first budget and more money to secure the laws and enforce the borders and more money for vets and more money for school choice and less for foreign aid. that's what the president said he'd do. >> this is a starting point and going to congress where it's expected there'll be changes. >> shannon: as often happens with the president's budget. a judge, now two of this morning, have stopped the

president's travel ban again. >> the big decision last night coming from the district judge in hawaii, judge derek watson who took a look at the whole thing and read through it and saw the argument and said this is basically what we saw before the with the first executive order claiming it's a muslim ban. the president angered last night giving his speech in nashville and vowing to fight it back to washington. >> we'll fight this terrible ruling. we're going to take our case as far as it needs to go including all the way up to the supreme court. we're going to win. we are going to keep our citizens safe. and regardless we're going to keep our citizens safe, believe me. >> as you mentioned, shannon, a judge in maryland has also issued a temporary restraining order against this executive

order. the one they'll be focussing on is the one in hawaii which will in the appeals court end up at the ninth circuit where the president lost once already. you may have seen a few minutes ago ed henry reporting on "fox & friends" on unofficial portraits of the president and v.a. secretary taken down. the v.a. will issue a directive in the next few minutes to all the facilities across the country until they get the official portrait of the president and the v.a. secretary that dignified appropriate unofficial portraits will be allowed. >> shannon: interesting development. >> bill: there's a lot to analyze. good morning to you. let's start with the travel ban. can he win on this this time? >> yes, he can. in fact you have a lot of legal analysts surprised at the hawaii

judge's ruling. look, we talked about the two ruling as of this morning. the hawaii ruling is very broad. halts the entire executive order. the maryland order only is a pause on the six countries and the president has a very good argument for winning the refugee pause. that's gotten less attention. he has a very good chance of winning that on appeal. the hawaii case and the broader ban on the broader ban on travel from the people from six countries the judge in hawaii had to do a lot of work ten pages in his opinion saying i understand the executive order on its face doesn't look like it goes after muslims but the entire campaign rhetoric suggests there's in his word religious animus and he had to make the connection between that

to the policy though the policy on its face is neutral about this. i think you'll find appellate courts and in particular the supreme court where the chief justice has spoken on these in the past skeptical of using past campaign language. >> bill: and the gorsach hearing starts monday. >> i expect the time line will end up in the court which means whatever appellate court the ninth circuit this goes through will be important in how this turns out like we saw with president obama's immigration action where it ended up in a 4-4 divided court and the lower appeals court which ruled against president obama blocked the deportation amnesty. >> bill: let me squeeze in two more topics quickly. this on obamacare. i believe it's the first time he

has publicly said phase, one, phase two and phase three. it can be very confusing but that's the legislative track for obamacare repeal and replace. he said this last night. >> remember this, if we didn't do it the way we're doing it we need 60 votes so we'd have to get the democrats involved. they won't vote no matter what we do. they're not going to vote. so we're doing it a different way, a complex way the result is phase one, phase two, phase three. it's going to be great. >> bill: tom cotton, a republican, said phase three is a mess. the fact the president said what he said puts him in line with kevin mccarthy and paul ryan on he house side so they're pushing one direction. are the republicans like tom cotton and rand paul would agree

on. >> phase one is what the republicans are doing. the bill that can pass congress without dealing with the democratic filibuster and things the republicans want to do is up as selling insurance across state lines can't be a part of this because of the rules to avoid a filibuster. phase two is easy. that is administrative action. the health and human services secretary tom price can do what the obama administration does issue regulations putting in place the policies they want that don't require a full law. that's controversial and now they'll be counting on their own health and human services secretary to do what they were complaining with obama. the third part is difficult where they come back to congress for other bills like selling insurance across state lines.

the problems is those need to survive democratic filibuster. if republicans go ahead with phase one and two it's unlikely they'll find democrats willing to work with them on phase three. you have senator cotton and others saying phase three is a myth. we'll never get there and succeed on it because it requires democrats and democrats aren't looking to cooperate. >> bill: can it be done? >> phase one and two maybe but three probably not. >> bill: we appreciate you coming in today. on the budget people think this is a blueprint more than an actual budget. this will be debated back and forth and we'll see whether it continues. >> shannon: he mentioned senator tom cotton. he's not the only one warning if you try to sell it across state lines it won't pass and do you pass phase one and two being

told you'll never get to phase three? i don't know. >> bill: ten past the hour. >> shannon: the new ryan bilk marked up in the house. paul ryan now says he is open to changes so what could some of those be? we'll talk about it coming up. >> bill: also president trump says he's got the goods on the wiretapping claim and will hand it to congress as james comey gets ready for his spot light on capitol hill. senator james langford a member of intelligence committee is our guest and this. >> in the trump marathon there was a leak which is a felony if it came from the government. >> shannon: bill o'reilly one of the voices against rachel maddow's stunts. did she cross the line? we'll debate and first here's president trump. >> i don't know where they got it. the guy's been following me 25

years with not much. i don't know. i have no idea where they got it but it's illegal.

>> we will be submitting things before the committee very soon that hasn't been submitted as of yet. i think you'll find very interesting items coming to the forefront over the next two weeks. >> bill: so that is an answer to a question from tucker carlson

about the wiretapping claims. this as we learned fbi director james comey will testify monday in public before the house intelligence committee. today senator james langford from the intelligence homeland security committee is with me and senator welcome back to "america's newsroom." >> thank you. >> bill: submitting things over the next two weeks and covering things what do you think he's got? >> i don't know. we want to see it and we have an ongoing investigation when russia was trying to interfere in our elections. we'll be glad to get that information. >> bill: have you seen anything yet, senator? >> not on that and we'll wait to see what they submit to us. >> bill: when the president describes covering a lot of different things as it pertains to wiretapping how broad is that definition? >> he's not talking about the

previous president tapping a phone or a bug as a larger surveillance and we'll see what that is. there's some threeies out there that this is what's called incidental collection where there's collection on a foreign individual who calls into the united states and they happen to gather up u.s. persons on that as well but there's problems even in that theory if there's incidental collection you have to minimize to make sure the u.s. citizens are protected in their rights so we'll see what he means by this. >> bill: he said let's see whether or not i prove it. it sounds like a challenge. is that how you hear it? >> the investigation is not part of investigating the president it's a larger issue saying the president this is an issue during the campaign and a criminal offense. >> bill: and mr. nunes said this yesterday and as viewers listened he dropped a few bread

crumbs you could say that are intriguing. watch. >> i don't think there was an actual tap of trump tower but as i said last week and remain concerned twofold the incidental collection of americans tied to the trump campaign that could have been leaked and secondly the unmasking of americans names potentially for political purpose. >> bill: there are two things i'm trying to figure out. the incidental collection of americans tied to the trump team. what's that about? >> that's what i mentioned before. when a foreign government is being monitored and we pursue enemy threats and at times some individuals will talk to an american citizen but there's

very strict rules of trying to minimize that information of a u.s. person and clearly not ever get their name out there and be in public on that. >> bill: that would be against the law. >> that is a criminal offense to release the name. that's correct. >> bill: he said unmasking of american names potentially for political purposes. how's that fit in the debate now? >> that's the previous administration collecting foreign information including a u.s. person and someone from the previous administration for political purposes releasing information and a phone call or information they had. that's a criminal offense. that's a critical part of this investigation as well. >> bill: have you seen evidence to back this up? >> that's what we're asking the white house to be able to provide. they feel very strongly they have some of this information. obviously it's going to come from the fbi and cia. we have a lot of relationships

and devin nunes has. >> bill: where do you think this is all going do you think? >> this is the great unknown? one thing we need to be clear on is when we're dealing with russia we're dealing with somebody trying to destabilize the region and trying to interfere in everyone's elections so you talk about them. they want a perception of a good persona and with the drug doping of olympics they'll say we'll interfere with your elections and try to retaliate because you exposed us in this area. they have this ongoing motive to destabilize everybody else to lift t when russia comes after us we have to get the truth and facts out there. if there's other aspects in this being accused we want all facts.

no question the russians were interfering though. >> bill: i'm sorry? >> no question russians were interfering in the election but there's great question whether the trump campaign and we'll settle that issue one way or another. >> bill: adam schift made it clear it will take time. senator langford i appreciate you coming back. thanks. >> shannon: president trump vowing to make good on a campaign promise. >> we had hundreds of bidders. everybody wants to build our wall. usually that means we're going to get a good price. we're going get a good price. we're going to build a wall. >> shannon: the president now asking congress to get started on the enormous project and quick thinking by an alabama woman lucky to be alive after this amazing escape. double a's here,

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i'm ricardo, a sales and service consultant here at the xfinity store in bellevue, washington. here at the store, we offer internet, tv, phone, customer service, home security. every situation is a little different. it could be about billing, simple questions like changing the phone number. sometimes, they want to upgrade, downgrade, but at the end of the day, you want to take care of the customer. one of the great things about comcast, there's always room to move up. of course, it depends on you, how hard you work. ♪

>> we've already added nearly half a million new jobs and believe me it's just beginning. i've already authorized the construction of the long stalled and delayed keystone and dakota lines. pipelines must be constructed with american steel. they want to build them here, they use our steel. we believe in two simple rules, buy american and hire american. >> bill: so of the of the highlights from last night. president trump at a rally in nashville, tennessee touting his plans for growing the economy and keeping jobs at home and touching on the fights over

health care and temporary travel ban and there was a lot of in that speech going about an hour. this is like his version of the fireside chat. >> shannon: they were fired up. it was like a campaign rally all over again. >> bill: also, yesterday before that he went to the grave of andrew jackson on the 250th anniversary of his birth. there was the president saluting his life. >> shannon: drawing a lot of parallels. >> bill: another rally coming up monday in louisville, kentucky. >> shannon: all right. we'll cover it i have a feeling. the president's trip partly meant to whip up support for the plan to overhaul obamacare. instead it turned into defense of his immigration policy. the new budget requests call for $150 billion to design and start building a southern border wall. ed henry is live in washington.

he's making it clear he's not backing down on the wall. >> that was ha -- firing up the crowd and it could be well over $20 billion. various estimates flying around congress. this is going to be a key part of the federal budget and we're learning more detail today. it will include 100 more government lawyers to deal with deportation lawyers and 1500 new law enforcement officers the president saying last night in nashville this is his top priority. >> we'll get a good price, believe me. we're going to build a wall. some of the fake news said i don't think donald trump wants to build a wall. can you imagine if i said we're not going to build a wall. fake news. fake news.

fake news, folks. >> bill: it's two for one, shannon. he gets to talk the wall and beat up on the media. >> shannon: when they were booing he said watch tomorrow they'll play this and say i was booed at my own rally. taking stabs at the media. are democrats showing flexibility on the idea of the wall. >> the senate democrat leader suggested he is flexible and might deal with the president in terms of border security at least. here he was last night. >> you're not ruling out funding on the request for the border? >> if donald trump would look at the bill senator mccain and i passed he might agree with 98% of it. he should look at it. >> the big he's referring to from 2013 and john mccain and chuck schumer and it had $4.5 billion in border security. as you mentioned the president's

got $1.5 billion as a down payment. building the wall could be $20 billion or more he is suggesting flexibility but they're not close in the negotiations, shannon. >> shannon: the negotiator-in-chief. ed henry live in washington, thanks. >> bill: we mentioned this a moment ago. the republican health care plan facing a crucial test on the hill. the house budget committee will dig deep into that but does the bill have enough to go forward? mr. mcclintock will be in the room but hasn't said he'll repeal or replace the bill and we'll ask him that. >> we're going to repeal and replace horrible disastrous obamacare. easy...

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>> bill: it is a big morning on obamacare and tom price is

holding a mark-up of the health care bill. that means they're trying to figure out what it's going to cost. that panel includes several members of the freedom caucus. they've been less than thrilled what they've seen so far and paul ryan encouraging them to speak their minds. >> we're getting feedback from various members how to improve the bill. now that we have the score we know what we're dealing with and we can incorporate feedback to improve and refine the bill and those conversations are happening between the house and members and before the score we weren't sure and now that we have the score we can make refinements to the bill. this is by the way the legislative process. >> bill: this is really an intriguing part of the story. mike emanual what are you hearing? >> the next plan to consider the

legislation and we've seen regulars on capitol hill trying to bring members on board and quote, the president and the administration have standing shoulder to shoulder with you. they talked about the interaction with top trump administration officials. >> i think the vice president is very encouraging us what we can do and the president can do to move it forward and encouraged about the future of the bill that we'll bring relieve to the american people. >> now, it's a very difficult situation. lawmakers saying if they move it to the right they risk republican moderates and if they move the other direction they risk other members. they talked about conservative

component. >> if we thread the needle correctly and get the tax credits right and make sure states are innovating their own programs it's better for conservatives, moderates, liberals, all americans because it leads to better health care outcomes. >> as for democrats, they seem to enjoy the gop tug of war over replacing the act and conservative centers from red states are not feeling the pressure to cooperate with the gop. >> those that would feel the loss the most are rural areas and the states that trump carried by 10 or 15 points they're getting huge support for not repealing. >> the budget is the third of four house committees to consider the legislation. they get started in about 30 minutes or so. >> bill: thank you, mike. >> shannon: for more on how this

may play out let's bring in california republican congressman mcclintock. he'll be attending the session down the hall. thank you for joining us. >> thank you for having me. >> shannon: a more conservative group on the mihill has suggest there's no real chance to amend it and what can you do to influence the changes that you see need to be changed? >> it's been a convoluted process and adapt to reform when it's about budget issues so there's a lot of constraints that are not normally part of the legislative process and you're right we cannot amend the bill in committee but we can instruct the rules committee to consider amendments to the bill and i suspect we'll be adopting a number of those today. >> i understand the budget committee has been split along

party lines 22-14. you have to hang on to the republican membership. you're in danger. a number have spoken up they have real concerns about this bill. do you think it makes it through budget committee? >> i can't read minds or tell fortunes. there's no such thing as a perfect bill. everything is a compromise to one extent or another. that's the nature of the process but i am confident the measure before us is moving us in the right direction. i would have preferred to see a more comprehensive approach than a piecemeal approach but i think we'll get to a much more functional health care system where people have a wide variety of choices to choose the plan that best meets their en needs and a tax system that will support their ability to at least have a basic plan within their financial grasp. >> shannon: i believe you were in the meeting last night that involved the house speaker paul ryan and mike pence and there's modifications and that they're

listening to you and others who have concerns. how confident are you this bill will be molded into something that will get to 218 votes? >> i'm very confident of that. there is no option for failure. obamacare is collapsing on this country. it has been the most prominent issue in the last four elections and they delivered us a mandate to repeal and replace for a system that works and people can be back in control of their own health care decisions and have the plans within their financial reach. we're moving in that direction. the entire deliberative process is geared to assure we can reach a consensus and i think we're well on our way to doing that. >> shannon: obviously it has to make it through the senate and the house doesn't like taking advice from senate members but both house have to work together to get something done. what do you make of the criticism from gop senator who's say don't vote for this thing it's got no chance and cannot be

workable and you'll walk the plank are the words from senator tom cotton for something that has no chance. >> it will be improved through the process and for that to happen it has to move through the process. i have to reject that advice as much as i respect tom cotton. >> shannon: do you think substantive changes like the fight over medicaid expansion and when that winds down and how it's handled in the state and the idea of tax credits. do you think those major components of the bill are negotiable at this point? >> it's essential to ensure a smooth transition from obamacare to the competitive market we're anticipating. it's important we not leave anyone in the lurch we move to the new competitive system where people will be in control of their health care decisions. if we don't make that a smooth transition it can't be enacted and if it's enacted it would be

repeal by a different congress. we're accountable for the results that this process ultimately delivers and we have to get it right. >> shannon: all right. we'll be watching your budget committee today. congressman, thanks for your time. >> thanks for having me. >> bill: the tax returns still rippling across the country and bill o'reilly says the american people are the in middle. >> they portray the president as dr. evil bent on destroying western civilization as he pets his cat. >> bill: there's a lot there and what does rachel maddow say about the tax return now and will the media give this white house a break? our panel will debate that in a moment. >> shannon: and this stunning story. a kidnapped woman locked in the trunk of a car makes a daring escape. we have the video and the story

next.

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emanueof a car manages to escap it's caught on surveillance camera. the woman jumps out as they try to get away from a gas station in birmingham, alabama. they tried to use her atm card and the terrified woman came in screaming for help. >> the owner helped her call police but they got away and she said she was kidnapped at gunpoint while walking into her apartment and suffered minor injuries but is expected to be ok. >> bill: unbelievable story. she hits her head on the concrete and later he helps her

hide in the back closet. she's shaking there. >> shannon: a happy ending. >> bill: we need to get answers from the police down there so we're in touch. >> lost in the let's get trump marathon was the actual leak which is a felony if it came from the government. my guess is the aluminati did it. those folks want to destroy donald trump anyway they can. that's the mission and they're just getting started. >> bill: talking points from last night o'reilly ripping the media and strong reaction from rachel maddow for making public his tax returns. two issues, the media and the tax return. and we have a fox news contributor and a former partner

with fire house strategies. gentlemen, the prairie fire spread now. ok, now to issues the taxes and media. first on o'reilly's point, some in the media want him destroyed. do you see is that in >> i'm a democrat i disagree with the president on many issues but see what's obvious. there's a number of people -- not everybody, but a significant number of people using every and many opportunities to go after president trump. it's sad. i'd rather face on the issues on the country but to his charge the answer is correct. >> bill: alex, my hunch is you agree with that? >> i do agree. i was a spokesman in george bush's white house, number 43. and bush had an antagonistic relationship with the press but it's nothing compared to the treatment donald trump is

getting by not all reporters but some report especially those like rachel maddow. >> bill: do you think it changes or how he rides for the term? >> i think it's for the entire term in part because he seems to thrive in the fight with the media and pokes at the media every chance he get knowing the bears can't resist having a fight with him. i think it's good for him to have these fights with the media. what's not good for him is having unfair coverage. >> bill: that's a very important distinction, alex. this is what was said about the president last night. >> he's the only person who could leak bit legally without concerns of getting sued because you have access to your own tax returns. you can release them of your own accord. they're not threatening the

leaker. they tried to threaten us which is bull. >> bill: she said trump could be responsible for this without evidence. >> i think that is outrageous, bill. we had a leak of the cover sheet of one of the returns or some returns during the campaign. i'm hard press to believe the president would have it put in the mail for someone chasing him around and reporting on him. it's strange but there's something more substantial. the idea a reporter makes unfounded allegations about what the president of the united states is or is not doing is to me outrageous. we have to respect the office even if you have doubts about the man and it's not fair to assume that. >> bill: what do you think about that, alex? >> i hope not because the leader

of the free world shouldn't be spending his time leaking his own tax documents. i think he has bigger things to worry about. it's very odd they were produced now and it's unlikely they came from the irs and i think he should be concerned who leaked them if they came from his organization and to get ahead of leaks it may behoove the white house to produce the documents. >> bill: the about >> bill: appreciate it. >> shannon: the focus on health care is about to shift as the supreme court nominee judge gorsach will bea committee

hearing next week. >> bill: and rex tillerson is in japan with a message for north korea. we have that next. rex tillerson calling on north

korea to abandon the nuclear program saying it has nothing to fear from its neighbors on the united states. making the comments on his first trip to japan as the u.s.'s top diplomat and will meet with prime minister shinzo abe. we have more this morning. north korea will be a big topic in those discussions i imagine? >> absolutely it will, shannon. both japan and the u.s. are currently reviewing their policy towards north korea and earlier at a press conference with the

foreign minister secretary tillerson said they've failed to cure pyongyang's ambitions and said a different approach is needed. >> it's important to recognize that the diplomatic and other efforts of the past 20 years to bring north korea to a point of denuclearization have failed so we have 20 years of failed approach. that includes a period in which the united states provided $1.35 billion in assistance to north korea. as an encouragement to take a different pathway. >> now when asked what the new approach might entail he didn't sp specify and said it would be a point of discussion with the leaders during the trip but we know the trump administration emphasized it wants to step up

efforts and another option u.s. is exploring is preemptive strike capabilities but the option that has the most likely thought to succeed has long been thought to be through china. it's their largest trading partner comprising 90% of the north's trade and that will be a leading topic of discussion for secretary of state when he visits beijing saturday. >> shannon: how receptive will china be to the talks? >> china's been big on saying it also is for north korea to bring down its posture there in east asia as well as the nuclear program and china tried to broker a deal to end military exercises underway and the u.s. defense and missile systems in asia and particularly japan

and south korea are expected to be a big point of discussion with china on saturday. >> shannon: garrett tenney live in washington. thank you. >> you got it. >> bill: it's 2.0 and now on hold. how does president trump win on the latest travel ban? we'll bring this case to the judge next. >> break up the ninth circuit and i'll tell you what, the ninth circuit -- you have to see, take a look at how many times they have been overturned with their terrible decisions. r first accident. liberty mutual insurance.

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>> shannon: this is a fox news alert. the house budget committee gets to work this hour potentially making changes to the health care bill and they call it a marking up or reworking of the bill. the hope is to gain support from enough lawmakers to get it passed and they're walking a thin line. conservative republicans want to

repeal obamacare altogether and the white house has indicated they're incorporating their feedback. moderates in the gop are fearful of backlash and right now we're waiting for a news conference from house speaker paul ryan and minority leader nancy pelosi. we'll keep an eye on those. president trump is vowing to fight off his revised travel ban was put on hold hours before it was set to begin. a judge in hawaii rejected the national security claims and earlier this morning a second judge in maryland ruled against the president's executive order. welcome to a brand new hour of "america's newsroom." i'm shannon bream in for martha maccallum. >> bill: how are you? >> shannon: he said it's going to the supreme court. see you there. >> bill: i'm bill hemmer. good morning, everybody. president trump came out firing over the latest decision calling

it judicial overreach and vowing to do what it takes to protect america during a rally last night in nashville, tennessee. >> we'll fight this terrible ruling and take our case as far as it needs to go including all the way up to the supreme court. this is a watered-down version of the first one. this is a watered-down version. let me tell you something, i think we ought to go back to the first one and go all the way which is what i wanted to do in the first place. the danger is clear, the law is clear, the need for my executive order is clear and i will not stop fighting for the safety you and your families, believe me. not today, not ever. >> bill: now this morning judge napolitano will tell us about the legal battle and where it goes from here but begin in hawaii and william is in honolulu. what did you hear in the courtroom to make you think the judge would rule as he did? >> we heard a lot of legal arguments but in the end the

judge could not get past statements donald trump made as a candidate and private citizen and said it was religious discrimination. the telling moments came in court when the state admitted that quote, we wouldn't likely be here if we had a different president and the same policy. secondly, when the administration asked the judge to confine his ruling to the executive order to stay within the four corners of the document itself the judge asked does that mean i must, quote, close my eyes to earlier statements candidate trump made supporting the compete muslim ban and that was that it hurt the state economically and would deny hawaii's muslims the right to see family members. president trump rejected that prompting this response from the

attorney general much hawaii. >> i was elected to change our broken and dangerous system and thinking in government that has weakened and endangered our country and left our people defenseless. >> i disagree with the statement respectfully. i think actually what you're seeing now is the system working and we're committed to the process. >> so now you have eight federal judges three at the appellate level, five at the district level who reject in some form president trump's two travel bans, bill. >> bill: what about the government's argument it's about national security. where does that argument go? >> you know, we never got there and saying we chose the countries because they can't provide documents of data that allows us to do a legitimate

background check. we never seem to get there. the fear that certain isis fighters are fleeing and that could exploit the loophole but the law is clear when national security's at stake the president has the power to decide who comes in the country and how many and where they come from. >> their job is to rule on what the law is not what some judge wishes the law were or what he think donald trump said about the law. it doesn't matter what donald trump said about the law what matters is what is the law. >> the doj hasn't said what it will do next. logically they'll go back to the ninth circuit in san francisco where 97% of the judge are pointed by democrat. >> thank you. >> shannon: for what comes next judge napolitano.

>> he has that hawaii assignment and we're in freezing new york city. >> shannon: we're taking it on the road. we want to get people the most clear information. we talked about this numerous times and the federal ruling from the judge in virginia cited interviews with president trump and we know when they made the order those things wouldn't go away and i want to read a bit of what the judge said the observer enlightened by public statements and sequence of events would conclude the executive order was issued with a purpose to disfavor a particular religion in spite of its stated religious neutral and that it's neutral in terms of religion is not positive. these guys are still looking back at things that were publicly said. >> so all that means two federal judges one in baltimore and one

in honolulu said it was a muslim ban by another name. they didn't use that phrase. i'm just trying to get folks a handle for it. though it didn't say it was a muslim ban and denies it was a muslim ban it was really a muslim ban because it falls disproportionately on muslims because of what he said during the campaign and things his colleagues have said even here on fox news quoting kellyanne and mayor guleani. the executive order is clear on its face. it has classified and revealed that which is not classified to ban immigration for 90 days. congress has given him the absolute authority to make the judgments and wrote it down and signed the executive order.

end of the inquiry. to look for the contemporaneous could be -- context and historical events made by candidate trump 15 months ago is beyond the scope of what a judge should be doing. >> shannon: i know the supreme court hasn't applied this theory to these kinds of cases before. it's a unique case of its own but looked behind things that are facially neutral but not in this case. >> great observation, shannon. this is an area where the president is superior to the other two branches. it's foreign policy. the supreme court has ruled the constitution gives the president primacy and congress gives him the tools to effect the decision and one is to say you folks are not coming in for the 90 days. you're not all bad but we have

to stop all of you until we can ferret the bad people out. that's rational and lawful unless you are a federal judge that doesn't like the political outcome. then you try to substitute your judgment for that of the president. that's the opposite of what federal judges are supposed to do. >> shannon: the ruling will go back to the ninth circuit and we'll see -- >> don't you think the chief justice of the united states should assign it to one courtroom at one time rather than having courts from 10,000 miles from each other honolulu and baltimore. >> shannon: we have splits in the lower courts and the president is vowing to take this to the supreme court whether they have eight or nine justices at that time what do you think happens? >> i don't know because i believe it's a foregone conclusion that neil gorsuch

will be justice gorsuch. just because he gets on the court he won't necessarily agree with the person who appointed him about the is more likely than not to agree with an originalist version a textualist version meaning you read the words of the document you don't psychoanalyze the author. >> shannon: we've seen it happen. good to see you. thanks for coming in. >> all the best. >> shannon: bill. >> bill: a fox news alert. i want to overasseseas on a bus morning. first an explosion that took place at an office of international significance in paris and there was a school shooting still developing in france. we're watching both of this now. both of these rather. we'll have details in a moment. shannon. >> shannon: and a crucial day for the republican health care bill. now a key committee is arguing over the fine points of the deal. will it make it through that

committee? >> we'll arbitrate and get together and get something done and we need 60 votes to get the democrats involved. they won't vote no matter what we do. tech: at safelite, we know how busy your life can be.

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investigating two different attacks. the first one the explosion of a letter at the office of the imf, the international monetary fund in paris. they say a homemade device like a firecracker of sorts blew up in a person's face injuring them slightly before a presidential election and a militant group claimed responsibility for package bombs sent to the finance minister and another story. police are looking for a possible second attacker in a school shooting in southern france that left at least two wounded. those stories developing throughout the morning and we'll keep you posted when we get more on both. >> shannon: we're getting our first look at president trump's proposed budget and cuts to environmental protection, art sciences and foreign aid. and congress is make being changes to the health care plan in search of enough support to

get it passed. president trump talked about the needed votes last night with tucker carlson. >> we only have 52. we have a two-vote margin. to get 52 people is very hard. if we had 60 votes we could do something differently but we'll never get a democrat vote. they'll never vote for us. if i had the greatest bill in the history of the world they wouldn't vote because they hate the republicans, probably hate me but hate the republicans so badly they can't see >> shannon: we're now joined live by bret bair joins us. >> there's splitting off factions for different reasons about the health care bill and we've talked about that over recent days as you look at the markup happening on capitol hill threes -- there's freedom

caucus members that want it repeal repealed fully and on the flip side the moderates are concerned about the medicaid expansion question and senators like rob portman from ohio won't be able to stomach major change that don't deal with making sure expansion is covered for people in his state. >> shannon: you mentioned the committee markup session and congressman dave brat who upended eric cantor out of his seat is a hard-line conservative and he and others say it's the first chance they've had a chance at a bite of this apple because they weren't members of two committees who already tackled it. do you think they'll have a chance to make changes? the white house keeps saying we're up to negotiation and we hear from the speaker it's binary choice you vote this or

you're voting for obamacare. >> you're right the freedom caucus is more represented on this budget committee than the other two, ways and means and energy and commerce. frankly, it may not get through the committee if they don't make the changes these people want to see. i think this markup in particular is one to watch when it comes to the health care bill. >> shannon: you're plugged in more than anybody in washington. do you think there's daylight between them and he said we're together, we're in this, we're fully supportive is what the speaker keeps saying but i keep the waiting for the president and we watched the remarks in nashville last night to say verbally, i'm 100% in and i feel there's a tiny sliver of daylight between the two. >> i agree. he did not really mention it

fully in those remarks. you have vice president pence saying the president and administration are fully behind the efforts. have you paul ryan in an interview saying president trump helped write the bill that is an indication ryan sees the bill of linking the president to this effort. i think you're going to see in the next couple days whether this thing comes together. the flip side you have the budget it's just getting rolled out today and you just had senator john mccain say it is clear this budge proposal cannot pass the senate. that's just a few minutes ago. they are concerned it doesn't raise the military spending enough though it's been characterized as raising it a lot. it's not enough for a lot of people on capitol hill. >> shannon: and major decreases

for state department, epa and hhs. it lines up with the administration's priority. not surprising there. we watched many times the last few years when president obama's budget went to the hill and got voted down with zero votes or one vote in the senate. it's up to congress now to get the budget done, right? >> yeah, and it's a matter of moving things around and when you're talking about this level of money and that level of funding for something like the state department to take a third cut, that is a huge, huge deal for rex tillerson and his department. >> shannon: all right. we know you'll keep us on track every night at 6:00 and keep see you tonight for special report. thanks, bret. >> bill: neil gorsuch starts his confirmation hearing monday. how's it going to go in utah senator mike lee is on the committee and will be our guest in a matter of moments here

live. shannon. >> shannon: and president trump release his budget blueprint. we talked about this. a big boost for the military. it comes at a time when the military has been have usually deplete and the president said he knows and he's going to fix it. >> we are proposing a budget that will shrink the bloated federal bureaucracy and i mean bloated while protecting our national security. do you see what we're doing with our military, bigger, better, stronger than ever before. an my vacation. so when i need to book a hotel room, i want someone that makes it easy to find what i want. booking.com gets it. they offer free cancellation, in case i decide to go from kid-friendly to kid-free. now i can start relaxing even before the vacation begins. your vacation is very important. that's why booking.com makes finding the right hotel for the right price easy. visit booking.com now to find out why we're booking.yeah

[tapping playing] >> shannon: president trump paying homage to his predecessor

andrew jackson. visiting the hermitage and playing reef there. the commemoration marking what would have been jackson's 250th birthday. he said the he reminds him a lot of himself. hmm. >> bill: and the trump administration unveiling a $1.1 trillion budget asking for a bast one of the largest increases since president reagan's pentagon build up from the 1980s. >> our budget calls for one of the single largest increases in defense spending history in this country. we believe especially the people in tennessee, i know you people so well, in peace through strength. that's what we're going to have.

>> bill: ben collins special forces veteran and former green beret would served three tours of duty in afghanistan here to analyze this. good morning and welcome back. bottom line demand outpaces supply. what's that mean? >> bill, if you look at where we're operating right now and how we're operating so we're in iraq, afghanistan, we're going into syria, we're working in yemen, you have the navy that has to patrol the south china see to keep the navigation and it's a global force. the reality is we have the oldest equipped and smallest air force in the history of our time. we have the oldest or at least the smallest nach -- navy since world war i and we're being asked to do more on the global stage with less and it's putting stressors on the airmen and

marines and that's number one. >> bill: first is the damage you believe the force has experienced. we've been at war for 16 years. what do you mean by damaging experience? if nothing we've got more of that then. >> unfortunately if you look at the personnel cuts just the recent personnel cuts half of those individuals had two or more deployments. as you said we've been at war for 17 years. people that have come in a lot of those are already retired. when the cuts keep moving back and back and back for our personal more senior people are leaving with the combat experience. when you combine that with lack of enough money to conduct training as you fight be the you have a problem with the personnel you're letting go and we're losing combat experience. >> bill: this is a blueprint, you'd agree with that, right? >> absolutely. >> bill: how much do you think the administration gets from the congress? >> well, bill, i think president

trump has laid down a marker but it has to go to committee and congress. what he's saying isly look -- saying is essentially he has a priority and will he get this? problem hi -- probably not and there's a lot of waste that occurs in the government and you look at places like state and the usaid and it's hard to believe but i remember when the usaid came in to hand out handheld radios and there wasn't a radio station for miles. the programs we have to look at and evaluate are they necessary, are they duplicated or tripled and we have a budget of half a trillion dollars and that's something we have to scale back otherwise our deficit to gdp ratio will be unsustainable. >> bill: that's the

juxtaposition. you have to cut spending but at the same time you have to reenforce what's been damaged or drawn down since then. >> it's hard. >> bill: it's hard, yeah. how much do you think he gets of it? >> i think he's going to get most of what he -- >> bill: most? >> i think actually you'll see more money go into against. i think you won't see as many of the cuts. president trump has expressed time after time he's not in favor of tax increases so the mon money has to come from somewhere. in may we'll see the details of the budget and hopefully that bill lay out how are we going to offset spending a lot more, cutting a lot less but he won't get the cuts he'll wanten -- want entirely.

>> bill: thank you for putting that in english. shannon, what's next? >> shannon: an american pastor held in turkey held without charges for a long time and what's being done to try to bring him back home. >> bill: and this will be the story of this week next week. a supreme battle on capitol hill confirmation hearings set to beginning for the supreme court nominee, neil gorsuch. under mike lee is on the committee and is our guest live next. i know this is sudden, but they say...if you love something set it free. see you around, giulia ( ♪ ) upstate new york is a good place to pursue your dreams.

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>> bill: a few things in washington germane to the whole battle of obamacare repeal and replace. this is the budget committee they're doing the markup right now to figure out how much the republican proposal will cost in the end and according to reuters they have given preliminary approval to the legislation. in the meantime though we'll hear from the house speaker paul ryan. he has a scheduled statement and press conference for this time and when that begins we'll bring

it to you. he'll explain this and we'll figure out where we are then. stand by. >> shannon: the battle lines are clearly drawn on capitol hill as the senate gets ready to begin confirmation hearings for president trump's supreme court nominee. pressure is building as both sides make their case for and against neil gorsuch. we have a republican on the judiciary committee where this kicks off monday. thank you for joining us. >> thank you. >> shannon: i want to play what chuck schumer said when asked with the looming showdown. here's what he said. >> i have some real doubt s rsuch. >> will you push to stop neil gorsuch. >> not a democrat has come out for or against i think people are waiting for he hearing. >> shannon: do you get to the

magic number? >> it's impossible to predict how many votes he'll get but anyone who looks at judge gorsuch based on his record and commitment to the rule of law and willingness to figure out what the law says rather than what some people want it to say will come to the conclusion they'll support him. when i hear my colleague senator schumer refer to judge gorsuch as one that would only favor particular parties in litigation is not true. he must be talking about somebody else. i've reviewed his opinions and i've seen an unbiassed judge that's will to do the hard work of figuring out what the law says. that's the type of judge we need. >> shannon: and whether he knows you already or not in the conversations and on both sides of the aisle they say he's nearly flawless and have a hard time finding anything wrong with him. the american bar association not a conservative group, ultra right-wing group has given him a

unanimous highest rating they can possibly give so what is next week going to be about? is it going to be about muddying and tarring him on his way to the court or do you think it will remain civilized? >> i suspect it will remain civilized in part because there's nothing there. look, this is a judge who is squeaky clean. not just in the sense of his personal background is clean but also in the sense that he's a really good judge. this is a judge that i've argued in front of where he sat on the u.s. court of appeals for the tenth circuit. the kind of judge every litigator and party wants to have on his or her panel because he's that good and willing to do the homework and read the briefs and statutes involved in the case and come to a right decision. i think this one may be disappointing for those who were hoping for a lot of fireworks because he'll get through one way or another. >> shannon: we'll watch that

starting monday. i want to ask about a letter you wrote to the state department. you're concerned about taxpayer dollars floating to organizations that raises red flags for people. >> we have george soros supported organizations like the open society foundation's network receive money from the u.s. agency for international development. when we see that these networks are involved in funding far left socialist agenda in europe including within some of our ally countries we want the questions answered. why u.s. taxpayer dollars are being hijacked and shipped ov overseas funding causes against what american hold dear. >> shannon: there were reports

from foreign officials coming to you and others saying what's happening with the u.s. money being spent on groups that we think are not very pro-american and may be hurting our cause of democracy and freedom overseas. what kind of complaint did you get? >> we got complaints sounding like what you articulated very well. people are concerned when we have a lot of problems in the world and we have parts of the world where we have allies and when we have organizations being funded in part by taxpayer dollars and selling suspicion with our ally countries and we want answered why this is happening, how long it's been occurring. how much money is involved and how we can get out of that. >> shannon: it's taxpayer money to thank you for tracking it down and we'll see you next week

for the confirmation hearing as well. >> bill: it's been six months since an american pastor was placed in a turkish jail without charge. he was picked up after a failed military coup in the country and his family fighting to free him. catherine herridge is live. what are the allegations first, start there. >> according to republican center james langford who has been working quietly behind the scenes to secure his release they claim he helped turkish refugees and insurgent groups and the other allegation is he attended a conference sponsored by an enemy of the turkish state. >> it seems odd to be able to pick up a turkish missionary and

that's been accepted by the culture and to be swept up as part of a terrorist investigation without evidence just the accusation and six months later no charges. >> the state department is involved and sent fox the comment that reads the department takes seriously u.s. citizens detained abroad and we seek to provide appropriate services and privacy considerations prevent anything further >> bill: what is the family telling you? what are you hearing? >> his daughter goes to school in south carolina and he is in a small sell and pastor brunson is respectfully asking for help from the senior levels after the government. >> we want a meeting and feel it

would be helpful to have the president's support and have him personally arguing for my father's case to get him back home safely and to his family. >> fox news has asked a turkish embassy for comment and bring that to you when we get an update. >> bill: catherine herridge in washington. >> shannon: we have brand new video now. the prime minister of ireland landing at the white house to meet with president trump. they're set to meet in the oval office shortly and we'll bring you more when that comes in. >> bill: the president's rally in nashville, tennessee slamming the federal judge out of hawaii blocking his revised travel ban. can the president win on appeal. we'll lay it out and debate it next. >> it's a watered-down version and i think we ought to go back to the first one and go all the way which is what i wanted to do in the first place.

the danger is clear. the law is clear. the need for my executive order is clear.

>> bill: we mentioned the day before st. patrick's day the irish prime minister has arid of arrived to the white house and then paul ryan will hold an irish day with his roots going back to ireland he talks about and mentioned a lot near and dear to his heart. >> shannon: that's how i got the name shannon, irish roots too. >> bill: chalk one up for bream. >> this is the opinion of many an unprecedented judicial overreach. the law and the constitution gives the president the power to

suspend immigration when he deems or she. this ruling makes us look weak which by the way we no longer are. just look at our borders. >> bill: that's the first reaction we got after the decision from the judge in hawaii. and we have a fox news contributor and jessica tarloff senior director research at bustle.com. ladies, good day to both of you. look, this judge wasn't buying it. if you look through the ruling and the decision that was given out of hawaii first and then maryland earlier today this judge clearly believes this is a muslim ban. how do you prove otherwise? >> it's not. the three largest countries of

muslim populations aren't even included in this so it's in the a muslim ban. president trump is not the first or last president to face a legal setback and it's a national security issue in his eyes it makes the country look weak that he can't ensure terrorists aren't exploiting the immigration sentiment and getting into the -- system and getting into the united states and jeff sessions said 300,000 refugees are under investigation and we've seen 140 isis attacks in 29 different countries. the former obama official said it's very difficult to vet people coming from war-torn countries like syria and the fact former cia director john brennan said they were training fighters through refugees.

>> bill: so that's one side. jessica, the argument is that this is just temporary. so what's wrong with the pause? >> there doesn't seem to be any gin w -- genuine basis for it ad he wanted to bask in the glory of a decent speech in front of congress and his team came out and said they'd wait while. if it's imminent security there's no time to wait. they were under investigation by the obama administration but weren't there to be banned or have people from the countries be banned. that's not what president obama did with iraqis which is something else lisa would discuss. there was a threat we identified and then they took action on that. now i'm not sure what happens if this gets to the supreme court. it's better for neil gorsuch had already been confirmed but the idea you can just they are this

to have a better press day which is essentially what donald trump does here proves it isn't at all what he's saying and we know he wanted a muslim ban. >> bill: there was a suggestion the court would not uphold the ruling and they showed the president and the clip before he went on stage last night. is he right? i assume you would argue yes. >> i'm not a legal scholar here but there's a longstanding historical precedent of presidents having the ability to deny entry of foreigners to the united states and the fact it's an issue is ridiculous. we're talking 90 days to 120 days depending on the visas or refugees and labelling a date and delaying a time in which this is implemented, part of a blow back from the first

executive order is people weren't aware it was coming. the idea of giving it a specific date was to get to the docs of the order and i don't think it's backward. >> bill: do they tailor the version around what the ninth circuit ruled. >> but they delayed it and admitted they wanted to spend time basking of his speech to the joint sessions of congress which i thought was pretty good. it was trade ing and there were security experts. >> bill: does he win at the supreme court? >> we're not both legal scholars. i respect allen dirsowitz.

there's a deadline on it. >> bill: ok, jessica and lisa thank you to you. thanks for coming back. >> shannon: let's check in with jon scott on "happening now" in a short time. >> the house committee narrowly advances a new health care bill out of another committee but it's meeting staunch opposition. paul ryan appears to be open to changes to get it passed in the house. we'll have the latest on the bill's prospects and details on president trump's new budget and a shift in u.s. priority. also president trump tore in the media once again and we have joined with more on that ahead on "happening now." >> shannon: see you in less than ten minutes. president trump meeting with the prime minister of ireland. he's a man who had harsh criticism for president trump during the campaign so is the president ready to forgive and

forget?

>> bill: speaker paul ryan on the budget and repealing and replacing obamacare. >> we're in the going to wait on these things. you all remember the slide from last week. first, we pass our bill to repeal obamacare's taxes, mandate and spending and replace it with reforms to build a better patient-formed market-based system and second, secretary tom price will take administrative actions to restore market freedom and state's rights. third, we pass additional reforms as i just mentioned and there are others behind that to lower costs and increase choices for family. we're pleased where we are because we are on track and on schedule with where we intended to be. we made a promise to repeal and replace obamacare. we're keep our promise to the people that elected us. questions. >> reporter: mr. speaker, last night on fox news president

trump suggested in his assertion that obamacare wiretapped him -- the president suggested that this was based off press reports and accusations base on press reports. are you comfortable with the president making an assertion like that based off the press report and frankly do you believe he was wiretapped. >> i've answered the question whether the wiretap occurred and i think devin nunes answered that and i got the same briefing on that as well. after we heard about this we did see a number of press reports that made this allegation that made this suggestion. so yeah, those press reports existed and it wasn't i was aware of until we saw press reports on this and the point is the intelligence committees in their continuing widening,

ongoing investigation of all things russia got to the bottom at least so far with respect to our intelligence committee that knows such wiretapping existed. >> do you believe the president when he said that president obama ordered wiretaps? >> that's what i said we cleared that up. we have seen no evidence of that. >> reporter: i was wondering if you think congress will be able to pass the immediate cuts in spending for the rest of the fiscal year and are you worried about a government shutdown in the cuts sent in the budget? >> end of the fiscal year we're at the vca cap level so i don't see a big issue. we just got the president's submission this morning. that's the beginning of the step. what i'm encouraged by is the notion we'll begin rebuilding our military which is something we're all very worried about and the hollowing of the military.

it's the beginning of the budget process and no, i'm not worried about the end of the year. august 28 is where the funding lapses. i think we'll hit our benchmarks. >> reporter: a couple question the president and health care. one is lots of speculation some of his allies don't like you and some -- to what extent are you partners? >> i spoke to the president half an hour ago. i speak to the president pretty much every day and twice yesterday. we're in sync on this and hand and glove on this. i have to tell you, i'm very pleased and very excited and i have to tell you it's something i haven't seen in a long time. this president is getting deeply involved. he's helping bridge gaps in our

conversation. he's a constructive force to help us get to a resolution to get a solution on repeal and replace obamacare. it's very helpful and working hand and glove listening to members and now that we have the score we can make improvements and refinement. the main part of the bill will stay as they are but we're making refinements based on feedback from the members and the president has been mediating this. the president of the united states is bringing people together and sitting around a table, hashing out our differences so we can get to a consensus document. the goal here is to get to a bill that can pass that we can pass and that actually is great policy and the president is playing a very constructive role on this and literally hand in glove. every day we talk and compare notes and our teams are fused together and i'm excited about that. >> reporter: it's unorthodox. >> it's very constructive in

many ways. >> reporter: health care, is it more likely it will pass because he's unorthodox or a hindrance? >> he's making it easier and better for us to pass health care. the president, his involvement and engagement and listening and negotiating skills are bridging people together to pass a bill. we have a bill we can pass a consensus on and make good on our promises. >> reporter: the fact he may bring up something about alleged wiretapping is that unorthodox? >> sure, it's unorthodox. here's what i see with the president. did you see him yesterday in detroit and tennessee? the president has a connection with individuals in this country. he goes -- no offense, but he goes around the media and connects with people specifically and individually. this is a power we haven't seen since ronald reagan. what this president is showing he knows how to connect directly with people. that helps us bridge gaps in

congress and get republicans unified to deliver our promises and that's extremely constructive. carrie. >> reporter: a quick follow up, the fast few weeks if not months we do hear about intrigue between you and the president. how often could you and donald trump address a lot of these reports that there's constant tension going on between both of you? >> there really isn't. we talked about this fairly often the president and i do. i would say there's no intrigue or divisions between the principles. i can't speak for low-level staffers or for outside groups but the principles, the chief of staff, the vice president, the budget director, the hhs secretary, the president himself, we're all on the same page. we talk constantly. our teams are working together. there really is no schism whatsoever and of course you'll have a chatter-in-class stuff it's something that a, isn't true and b, isn't intimidating

or daunting to us in any way, shape whatsoever. i'm excited we have a president that think bold, think big and wants to act and get us to the finish line and he's been very constructive in doing that. >> reporter: cbo said -- >> we're not going to pull the rug under people and end it tomorrow and people won't have anything. it will take time for markets to stand themselves up and offer products in the free-market setting. what cbo is saying is you won't have catastrophic double digit

premiums and it shows our reforms bring premiums down and the can't score what tom price is going to do to further bring market competition or bring prices down. we're very confident this bill which already shows will lower premiums combined with the things that price will do and also state-based >> let me go back to one thing and it's hard to quantify. we had a good risk pool in wisconsin. utah had a very good risk pool. when have you a risk pool that covers the catastrophic cost of people are catastrophic illnesses, the rest of the insurers, the rest of the insurance pool don't have to pay for those costs. so by directly helping support the people who have preexisting conditions, with their catastrophic costs, all other insurance products don't have to price that into their insurance and you dramatically stabilize and lower the price