>> wow, there memes are some of the stuff this gentleman said online, you're going to stick around, right? go to foxnews.com/outnumbered, click on the overtime tab, "happening now" now. >> jon: fox news alert, president trump declaring a major disaster in many california counties. >> heather: white has ordering federal help for areas hammered by mudslides, and severe winter storms. recovering of the newest "happening now." >> jon: the president unveiling his 2018 budget proposal to mixed reviews. tweaking cuts are several federal agencies while the military would see a boost. critics argue the plan is not strong enough. plus, round two of judges rulings against the president's travel ban, will the white house appeal? and the house begins marking up

the american healthcare act and what is seen as the first major hurdle for the republican plan to replace obamacare. it is all "happening now." ♪ >> jon: but we begin with a federal budget proposal that is expected to make conservatives cheer generally while democrats howl. president trump pushing for a massive boost in defense spending on the back of other major cuts. welcome to the second hour of "happening now" on this thursday, i am jon scott. >> heather: i'm heather childers in four jenna lee. massive is the word for it come historic, a lot of cuts. those cuts would target programs for the environment, the arts, the poor and many others. more than $50 billion worth to funnel to the military. but mr. trump has to shepherd the budget through a very divided congress even as he continues to fight for his obamacare replacement. chief white house correspondent john roberts takes a closer look from the white house. >> good afternoon. it is one thing to write a

budget, quite another to get it through congress as history has proved. big spending increases in this budget proposal but some serious cost cutting as well, first look at the big ticket items. more than $50 billion, $54 billion to be exact in defense spending, $42 would be go to department of defense, 2 billion and other agencies, department of veterans affairs because the president has promised to take care of veterans gets an increase of 6%, about $4.4 billion. also $1.5 billion to begin construction for the border wall. in order to pay for all of that with it increasing the deficit, the president had to do some cost cutting and a lot of the other agencies in the discretionary budget. this isn't just cutting, it is really slashing. let's take a look at the department of state. proposed 20% reduction in their budget, that is $10.1 billion. the epa would lose almost a third of its budget and calls for the elimination of 3200 positions. hhs gets a 17.9% haircut that is

$15.1 billion, in the budget also calls for a dramatic overhaul of the national institute of health. mick mulvaney, the r&b director says he listens to everywhere that the president said on the campaign trail and developed budget policies to go along with it. listen here. >> this is not a soft power budget like you saw with the obama administration, this is a hard power budget, $54 billion worth more of defense in the soft power comes out of the state department which is what the president wants. >> various reactions from capitol hill, not surprisingly, the democrats do not like it when bay, speaker of the house since it is a good starting point but listen first of all to minority leader nancy pelosi then to the speaker. >> it throws zillions of dollars at defense while herding americans innovation and education, innovation and health in search. research. >> do i think we can cut spending and waste in the

government? absolutely, where and how and what numbers? this is something we are finding outcome of this is just the beginning of the process. >> those overall deficit of $480 billion would remain the same. that is going to be a sticking point for conservatives because you cannot tackle the deficit unless you do one of two things. increase revenues, and nobody wants to increase taxes, but the president says more increased economic activity will bring in more tax dollars b of the other thing is you have to reform entitlements because those are the big budget busters and there is nothing in that budget that because any distance were doing that. >> heather: being of distance, this is just the beginning. we have a long ways to go in terms of the back-and-forth that is going to happen. thank you, john. >> jon: in the meantime, the house budget committee is approving the republican plan to replace obamacare. now that bill moves to the rules committee. today's vote highlights the uphill battle this legislation

is facing. chief congressional correspondent mike emanuel lived on capitol hill with more. >> good afternoon to you. the vote in the house budget committee came quickly, shortly after the house panel gaveled into session earlier today. >> madame chairman come on that boat, the yes is 19, the notice 17. >> they have a in the motion is agreed to cover the american healthcare act of 2017 is ordered reported to the house of representatives with a favorable recommendation. >> by three conservatives, dave brat from virginia, gary palmer from alabama and stanford from carolina join democrats to vote against it, so it was close and that show some of the difficulties getting right the balance to move it to the senate. they are now finding nonbinding motions including some designed to win over reluctant conservatives. earlier, the panel's top democrat ripped his g.o.p. healthcare proposal.

>> let's be honest prayer this is not a healthcare bill. it is an ideological document, a fantasy about freedom and choice in a market that does not exist. but what is real about this bill is painfully real. >> house speaker paul ryan is working with administration officials and other republican leaders here on capitol hill, trying to get enough votes to pass the house. ryan says he is listening to his house members. >> we constantly get feedback, constantly get suggestions from members, and we are working at bridging those gaps to get and make improvements in the bill so that members -- so we have a bill that can pass. we feel like we are making great strides and great progress on getting a bill that can pass because it incorporates the kinds of feedback from members of all walks of life in our conference. >> so finding a bill that can pass the house of representatives, that is a tricky struggle at this point. the house budget committee is

still at work behind me trying to see if they can find some recommendations that may suite in this package for some of the republican members. >> jon: mike emanuel, thank you. for more on the fate of the g.o.p. plan to over overhaul healthcare and insurance, let's bring in fox news sunday anger chris wallace. i'm going to tap your expertise here. you've been in washington a wild, a bill that can pass, what does it look like? >> there will be some changes. there's going to be something called a manager's amendment, that's going to go to the house floor. what is going to happen is over the next day or so, speaker ryan and members of the republican leadership are basically going to talk to the members of the freedom caucus, the hardline conservatives and say -- they won't waste any extra votes if they've gotten four republican votes against, it would have died in the budget committee. they got three. i am sure they knew they were going to pass with a margin of exactly one.

they will look at how many votes they can afford to lose, and they will find enough sweeteners in there to get enough republicans to pass. at this point, i think this is less a policy issue than a political issue. by that, i mean that the idea of this all dying right now, the whole repeal and replace after seven years of republicans promising that was going to be the first order of business would be so disastrous, so disastrous to speaker ryan, and frankly so disastrous to donald trump, his first legislative initiative, my guess is they will find enough votes to say, let's pass it come ascended to the senate, it's going to be changed more they are. this is a work in progress, let's not kill it in the cradle if you will. >> jon: but senators said it is essentially dead on arrival, and i am talking about republican senators. what they take it back to committee and make enough tweaks that both houses could be happy? >> they are certainly going to try peer what they say is dead

right now is this bill, but this bill is going to be changed before it is passed by the house and changed a lot more in the senate. it was interesting, and tucker carlson's interview with president trump yesterday, he said i am the arbiter here, and he seemed to relish it which is the idea, the art of the deal, the great dealmaker, he's going to do what he needs to do to get her through the house and then he will negotiate with members of the senate to see what he can get there. i'm not saying this is definitely going to pass. this is going to be a tough road, and it's not just a matter of conservatives come you also have to satisfy some moderates who are concerned amongst republicans that it is too drastic and cuts too many people off health insurance as we saw in the cbo estimate at the beginning of this week. we have to find a way to thread the needle to get enough conservatives who can stomach it and enough moderates who can stomach it to get it passed through. it's going to be valued out kit -- very delicate and probably quite time-consuming. >> jon: it's been suggested

that perhaps compete do not continue in with medicaid expansion may be one way to make it palatable to those members of congress who do not want to see their members or constituents lose health insurance, but that is not going to satisfy the freedom caucus. >> that is exactly right peer this is the delicacy of this, you're exactly right, people like rob portman and ohio which is a state that expanded its medicaid recipients taking people who were previously ineligible from that medicaid come he doesn't want to see millions of his constituents thrown off those -- lose their health insurance were on the other hand on "fox news sunday because kobe had jim jordan one of the founders of the freedom caucus is upset that they will keep medicaid expansion until 2020. he wants to see them and that much more quickly. again, it is going to be very delicate. in the end, i guess i think that something will pass because the political consequences of the republicans and president trump

promising this for years to their constituents and then not coming -- coming up empty would be a really bad way to start the trump presidency. >> jon: gives you a lot to talk about, doesn't it every sunday? >> business is good, i've got to say. >> jon: a lot of material to work with. chris wallace, thank you. be sure to tune into "fox news sunday," chris will talk about the battle of replacing the healthcare of america, speaker ryan will be appearing exclusively on the show, check your local listings. >> heather: right now, to federal courts ruling against president trump's was doing mack revised executive order on travel immigration, a judge in maryland taking action just this morning after another federal judge in hawaii blocked the van projecting that governments claim that the order is about national security and not discrimination. president trump calling the ruling "unprecedented judicial overreach." he is vowing to appeal. following the story for us from

seattle with more is dan. >> you're right, president trump went 0 for 2 yesterday and we are still waiting for a third decision for the court here in seattle, but what is clear is that no matter what changes were made in the second travel order, trump's own words as a candidate are influencing the rules. >> donald j trump is calling for a total incomplete shutdown of muslims entering the united states. >> that was way back in 2015 peered the supreme court has ruled that the statements made by a candidate should not be used to evaluate the intent of loss passed later when the candidate becomes officeholder but federal district judge derrick watson in hawaii who was appointed by president obama said over and over again that he civilly could not ignore trump the candidate. in his opinion, he wrote "a reasonable objective observer enlightened by the specific historical context and contemporaneous public statement would be that the executive order was issued with a purpose

to disfavor a particular religion." opponents were expecting chaos at airports, but that would likely have not happened because the second order did not affect people who have visas and green cards. they were planning protest for today. even president trump's supporters say he went too far in criticizing the ruling against his travel ban the first time, only slightly more measured last night. >> this new order was tailored to the dictates of the ninth circuit, in my opinion, flawed ruling. this is the opinion of many. an unprecedented judicial overreach. >> as you said, a federal judge in maryland did the same thing, slapping an injunction or trl on the travel ban redo, so a lot of legal hoops to go for this travel ban. >> heather: dan joining us now, thank you. >> jon: bullets flying at a

high school with the principal and a student injured. what we are learning about the suspected shooter in this case. plus, rex tillerson on his first trip to asia as secretary of state, and he had a message for north korea. we are live with more on that. >> the united states calls on north korea to abandon its nuclear and ballistic missile programs and refrain from any further provocations.

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>> jon: police and france say a high school principal and two others were shot at their school and the south part of that country. the suspect a 17-year-old student who was in custody now. officials are still investigating a motive, but they say none of the injuries are life-threatening. and in pairs, at least one person is injured after an explosive at the offices of the international monetary fund. the blast occurred when an employee opened a package setting off what is likely a homemade device.

france remains under a state of emergency after several dared do mack deadly terror attacks over the past two years. >> heather: entire state rex tillerson on his first trip to asia as america's top diplomat, and today, he is in japan were he addresses the escalating threat from north korea's nuclear program saying there needs to be a "new approach." life for us in seoul, south korea, the next app on secretary tillerson's asian tou. >> secretary of state rex tillerson says the u.s. and its partners have tried in approach for 20 years to north korea, and it has failed. that time period has also included the u.s. giving nearly $1.5 billion to north korea and encouragement, as tillerson put it come has only been met with nuclear test and more muscle development. with that, he was in japan earlier today meeting with his japanese counterpart. he had a message for north korea and said it is not the u.s. but only north korea being aggressive.

>> north korea and its people need not fear the united states or their neighbors in the region who seek only to live in peace with north korea. with this in mind, the united states calls on north korea to abandon its nuclear and ballistic missile programs and refrain from any further provocations. >> tillerson will travel here to seoul, south korea, tomorrow, also where the united states and south korea is conducting joint military exercises with the military here, something that china opposes. china is a component of this. tillerson said in japan that china needs to do more to encourage its ally north korea to drop its nuclear and ballistic missile program. this as tillerson later this week and into that weekend will be in beijing to negotiate that. he also commented on the president's budget, 30%, nearly 30% cut designed for the state department and foreign aid. to that, tillerson said that the current u.s. state department

budget is unsustainable and that once he tries to find efficiencies in it, the u.s. will be fighting directly fewer conflicts around the world and will also expect other nations to step it up when it comes to foreign aid. heather, back to you. >> heather: we will continue to talk about the budget. rich edson lived for us, thank you. >> jon: a couple would be robbers may have thought they picked an easy target, but boy, where they were wrong. and all of the drama caught on tape. we will show it to you. plus, brand-new numbers on president trump's job performance. what a fox poll just found and a fair and balanced analysis of what it all means. hi hey you look good. thank you, i feel good. it all starts with eating right. that's why i eat amaz!n prunes now. they're delicious and help keep my body in balance. i love these. sunsweet amaz!n prunes, the feel good fruit.

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surveillance video servicing showing a mormon missionary serving in brazil more than holding his own. take a look, the american fighting up two would be robbers who drive up on a motorcycle, confront him on the street after one man pulls out a gun, the missionary seen in the white shirt and dark tie rustles its way from him and then he throws the gun over the fence. then fends off a second attacker with a series of punches. both purple perps realizing thd the wrong guy. >> jon: and they left their motorcycle behind, so not only did they not pull off the robbery, they lost their motorcycle. as the president moves on from healthcare to unveil his budget proposal today, we are getting brand-new numbers on his job performance with a fox news poll finding his disapproval numbers are rising, 51% disapprove of his job performance now. the number was 47% in february. while his approval numbers dropped to 43% from 48% last month. joining us now, karl rove, former senior advisor and deputy

chief of staff rick president george w. bush also joe trippi former howard dean spokesperson. both fox news contributes. give us your assessment, how important our job approval numbers this early in a presidents administration, do they matter is what i am asking. >> they do matter in that they affect the ability of a new president to get things done in congress. to the degree that they unsettle supporters in congress, cause republicans to step away from him as problematic. he already began with the lowest approval numbers of any modern recent president, it deteriorated from there. but in the numbers, there is one really good piece of news for him that he ought to remember as he goes through this rough patch. that is the question that was asked in the fox poll, for your family, is the economy feeling like it's getting better, and october, 37% said that, but now the numbers up to 48. getting worse went from 40% down to 29%, and among those who said

it was staying the same, it went up modestly from 14% up to 19% so people's perception of the economy even though his overall job approval is declining, people are feeling better about the economy. in fact when it comes to the economy, that is the only job approval number of what he is doing that his right side up, that is to say more people think he -- approve of the job he's doing on the economy the end disapprove. >> jon: generally as you know, the economy, the old bill clinton campaign model "it's the economy, stupid," that is what they had in the war room. if the economy improves substantially, does that give the president the opportunity to try these approval/disapproval numbers around? >> it should, but that is what is so unusual about these numbers. as he pointed out, people's feelings on the economy are going up at the same time that the president's approval numbers are going in the opposite direction. that doesn't happen. i think the reason it is happening is because there are so many distractions and so many tweets and other things that

take peoples focus off what he is doing on the economy or what he is trying to do about it, and instead, we are dealing with a lot of the controversies that affect the president throws and in front of himself sometimes. i think that is really doing damage to him, and as karl pointed out, the prom with the numbers -- there is plenty of time for them to improve, but in the meantime, there are members of congress you have to make some tough votes on healthcare, on his proposed budget. a lot of these things are not getting great reviews in our causing even more problems for them back in their home constituencies, and if the president is not popular in his net favorables are not higher than this, then some of these members of congress are going to decide it is easier for them to decide to not side with the president. he does have to guard against that, i think. >> jon: on this proposed budget for instance, the

increases in defense spending, you would need 60 votes in the senate to override that sequester budget constrictions, right? so things like that the president campaigned on and promised, they are not going to happen, are they? >> it depends. we have a long way to go on budget. this is the so-called skinny budget, every new president comes in and presents a slimmed-down version of their budget because they've only been in office a matter of weeks, and every skinny budget, george w. bush in 2001 was virtually ignored by congress. the skinny budget of barack obama in 2009 with huge democratic majorities in the house and senate included a vast number of tax increases and spending proposals that even the democrats could not go along with. so this is mainly an exercise in positioning. it is not going to be well received on the hill. no president's new skinny budget is. we will see how it works out and may when the two budget committees, house and senate begin to work on real numbers in

conjunction with the head of the congressional budget office and hopefully then produce a budget resolution that allows them to take up tax reform this fall on the reconciliation which only requires a 51 votes because they have a budget renovation. >> jon: enjoy the weather down there, we have a nice brick outside our studio. >> do you want me to turn on the pool heaters? >> jon: just rub it in. thank you both. >> heather: that would be nice, though. house democrats got their meeting with homeland security second john kelly, they want to grill him about the travel ban and what they call alarming positions by the white house on immigrants. plus, president trump calling for a big increase in military spending. so how will that go over and congress along with the rest of the white house proposed budget? when your pain reliever stops working, your whole day stops.

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do not take viberzi if you have or may have had pancreas or severe liver problems, problems with alcohol abuse, long-lasting or severe constipation, or a blockage of your bowel or gallbladder. if you are taking viberzi, you should not take medicines that cause constipation. the most common side effects of viberzi include constipation, nausea, and abdominal pain. stay ahead of ibs-d... with viberzi. >> jon: to federal judges halting president trump's revised executive order on travel. a judge in hawaii and this morning when in maryland as the furor continues over the bands pure democrats are outraged and will have a chance to air their grievances and try to get answers from homeland security second john kelly who has agreed to meet with the house democratic caucus. the chairman of that group, congressman joe crowley of new york pushed for the meeting and joys as now.

what is the first question for question further homeland security second? speak i think the first question is honestly going to be the muslim ban and what sport the end steps the initiation intends to take as well as what is the l effect of the president's policy as it pertains to immigrants and the sweeps we've been hearing about that have been taking place within cities and counties and states around the country. >> jon: you just called it a muslim ban, words matter. as you know, it's a travel band that does not apply to one religion. you prefer the words muslim ban? >> even the decision of the court's has emphasized the ban on a particular religion. i am assuming it is the islam religion. we will call it a band, it was seven countries, now six, it was vital to have all seven but apparently one is no longer on the list, so i don't know how vital any of this is, quite frankly. >> jon: as you know, those six countries were designated under the terrorist prevention act of

2015 promulgated by the obama administration. >> i was was the country that was now excluded, iraq. i think there is enough here for question of the second as to what the intention is now that the courts have once again called into question. >> jon: what is your primary concern about shutting down temporarily immigration from those six countries? >> i think it is important for us to have a comprehensive plan on dealing with the issue of terrorism. recognizing it as a threat not just in the united states but the entire world. what are we doing to create confidence within those countries that we are not out to destroy islam or their countries as well? so these are all the kinds of issues i think we need to address with homeland security and the president himself. >> jon: let me turn my attention to a couple other issues boiling in front of the congress right now. the observers are saying that if hillary clinton had won the election, congress would still need to take action to try to

fix the affordable care act. she said it needed changes when she was campaigning. if you are not for repeal of the act, what would you do to fix it? >> we are about improving the act. we recognize there are things about the act itself that need improvement. for instance, helping in those exchanges, in those states where governors decided not to enroll into the affordable care act, help those exchanges with their insurance those companies that could not make it for various reasons with the support of the federal government to help them. i think there are ways we can encourage young people about the timing of enrollment, doing it around tax time, helping to cover more people and making those decisions about whether or not to pay the penalty or enroll into an affordable care plan. that would have been something to help as well. i do think there are ways in which we can improve the act. the republican plan has been to do away with it entirely. and up until recently without replacing it. so i think as the cbo numbers

have come out, they are realizing more and more just how difficult the task is. >> jon: as you well know, you are facing a deadline and congress to raise the debt ceiling, where are your lines in the sand on raising the debt limit? >> it is very simple like every other debt ceiling before this, we want a clear one, no writers. nothing about planned parenthood being defunded or building a wall just for starters, but i think there are a number of issues, any writer at all, we want to see this rider-free and a clean debt ceiling. >> jon: one more question, you've been around congress a long time, you know how to cobble together votes and support. does paul ryan get enough support to pass the healthcare legislation that is presented? >> i appreciate the question, but that is for the republican caucus. i think they have a difficult time as apparently paul has indicated they are open to major changes which probably means making the bill even more conservative for lack of a better term and having either

more people have less access to insurance, so instead of 24 million, think you will see that number go up, so you then end up losing more moderate votes. so i think it is a very, very tough time for them right now coming together those votes. i don't wish it well. if they want to see this build pass, they will determine his damage to the healthcare system of our country. >> jon: judge dee met congressman joe crowley of new york, head of the democratic caucus, thank you very much. we are watching the president leaving the capital building with the back papers in front of him, in the irish prime minister, -- we can see paul ryan next to the president. the average prime minister is in town. i believe he is in that group. we also see representative peter king of long island. so the green neckties should be

the sign. to >> heather: either heading to or from the friends of ireland luncheon happening today. >> jon: vice president mike pence, sorry, the monitors are small. >> heather: that's okay, we forgive you. the battle has begun for the president's first budget proposal calling for a massive increase in military spending funding by big cuts elsewhere, for example, $1.5 billion for a wall on the board and just a dot down payment, 7% boost for homeland security. the programs on the chopping block include meals on wheels, low income housing and energy subsidies. 30% from environmental protection and 29% from the state department, plus cuts to public broadcasting and the arts. so let's get right into it. joining esther darrow -- joinin, malcolm and a conservative commentator who hosts his very own radio station show and contributes to blaze tv. thank you for joining us. so this is just the beginning. mick mulvaney was on fox earlier, and he said if he set

it on the campaign trail, it is in the budget. what do you think? >> he did say he was going to increase military spending. he did talk about the wealth, but he needs to figure out how mexico is going to pay for it. as a conservative libertarian, i would like to see a lot of spending cuts. i don't think we are going to see that, but since liberals are coming after it as it relates to getting the border under control, i am not sure it is a bad idea to increase military spending. >> jon: >> heather: you have to increase in spending endless budget slashes just about everything, it cuts the same am. there is no extra spending, it doesn't add to the federal deficit which is what, $488 billion right now, don't want to do that. malcolm, what do you think? >> i called this the broken promise budget. it's another broken promise by a president that has been breaking promises since he was elected. he said to people that supported him, people that were hurting that he was going to do

everything he could. look at trumpcare, he said everybody would be covered, we know 24 million people are going to lose care. he went around to rustbelt towns and said, i'm going to make sure that jobs and economy and growth comes back to this community appeared you don't grow the community by cutting them. you do that by getting rid of -- >> heather: according to this -- >> also energy subsidies. >> heather: there's an increase called for, but cuts in the agriculture department. >> i am missing his point because i think there's a lot of job growth happening right now. i think it's important to recognize the reason he's focusing on obamacare is because a lot of businesses are leaving because obamacare. a lot of hours of employees are being cut. >> the savior disagrees. >> excuse me, don't monologue me. the reason is that when employees want more hours, because of obamacare, they cannot give them more hours because they have to give

healthcare if they give them over 30 hours. i think that is why the president has focused on that which means constant job growth, business is staying here, that is a great start for the president. >> i know that you want to filibuster with those talking points, but the fact of the matter is this is a giveaway to president trump and his billionaire buddies on the backs of working class people. >> heather: house so? talking about healthcare -- >> excuse me, look at energy subsidies. look at energy subsidies paid look at what he wants to cut in terms of families that are struggling that need support with their energy bill. look at what he is cutting and agriculture appeared he is cutting pbs for god sake, even elmo does not miss the chopping block of this disastrous budget. this is a budget that is helpful to him, helpful to his friends and the kremlin clan, not helpful to average day americans. >> heather: whatever that

means. >> you look at 29% that he wants to cut from the state department when america is not engaged in the world. when we leave a vacuum, other people will leave, and it will be countries and people that are not in line with our policies be this will not keep us safe. >> jon: >> heather: rex tillersd the state department will be able to do its job just more efficiently. >> i'm sorry, did i miss him doing a press conference? >> heather: i will give you the last word. >> we are not in the business of building countries anymore, the american people are sick of it and it's time to take care of home. and since you're talking about billionaires, those billionaires supported hillary clinton, the people that did not have money supported donald trump, the forgotten people, and that is why he won. >> heather: thank you for joining us. i have to wrap it up, malcolm, lawrence, appreciate it. >> jon: blast off after a two day delay with space x launching a rocket from the kennedy space center. what we know about this mission.

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>> jon: fox news alert, it was on a saturday morning just over a week and a half ago that president trump suggested that president obama had ordered the surveillance of his phones at trump tower. now this report out from the senate select committee on intelligence. its chairman richard burr and vice chairman mark warner, a democrat, made the following joint statement regarding the trump tower wiretapping. "based on the information available to us, we see no indication that the trump tower was the subject of surveillance by any element of the united states government either before or after election day of 2016." more as we get to it. >> heather: back to the legal drawing board for president trump after his revised travel band is blocked just hours before it was said to begin. a federal judge in hawaii

issuing a nationwide restraining order rejecting the white house national security claim. later a second judge in maryland also ruling against the president's executive order. let's break all of this down with gregg jarrett, fox news anchor and attorney, thank you for joining us. >> good to see you. >> heather: what did the two judges find wrong? >> they said the revised travel ban violates the establishment clause of the first amendment because it discriminates against muslims. instead of relying on the language of the executive order, they relied on statements of candidate trump, some of which were more than a year ago. >> heather: campaign rhetoric. >> on the campaign trail, truly astonishing. they completely ignored the president's stated justification within the order, and that is, we have targeted these six nations because president obama and congress in an antiterrorism law last year identified them as state sponsors of terrorism,

terrorist threats, and because their governments do not provide us with any background information and vetting of people who want to come to the u.s. >> heather: so at the same time, you have the five judges on the ninth circuit court of appeals who issued their own opinion. >> that was really unusual because the ninth circuit, you may remember last month, struck down president trump's -- >> heather: not entirely unexpected. >> the original executive order travel ban. and they ripped into their colleagues on the ninth circuit. here is a quote. "whatever we as individuals may feel about the president or the executive order, the president's decision was well within the powers of the presidency." basically, these five republican appointed judges are saying you've got it all wrong. look at the statute, the 1952 statute that gives the president authority to do this as well as the constitution article one

section 8. you are not to mind read the president's intentions, especially when you provide entire justification within the order itself. >> heather: so what happens next? >> it is very interesting because the hawaiian judge's ruling against president trump could go to the ninth circuit yet again, could be different judges, likely would be. the maryland judge's decision against president trump could go to the fourth circuit. it could eventually all wind its way to the u.s. supreme court. democrats may try to delay the neil gorsuch confirmation vote so that it would be an 4-4 tie at the u.s. supreme court with just eight justices sitting there. what would happen then? the lower court decision would stand, but what if we have two conflicting lower court decisions? you would have utter chaos. all of this may be moot because the travel ban expires within 90 days.

>> heather: i was wondering about the timing of that. when there is finally a decision, it cannot become retroactive. thank you so much, and we are waiting a news conference from white house press secretary sean spicer just moments from now. we will be rightes back. ♪ now give up half of 'em. do i have to? this is a tough financial choice we could face when we retire. but, if we start saving even just 1% more of our annual income... we could keep doing all the things we love. prudential. bring your challenges.

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>> hello, everyone, i am melissa francis. we are awaiting the white house briefing by sean spicer read the fbi director is expected to join him, he's getting a lot of questions about the america first budget including how much money is set aside for the border wall, is it enough? and do texans even want a wall? we will talk to a lone star state congressman. and is the popular meal for reels -- meal on wheels program for american seniors on the chopping block? that and more on

"america's newsroom hq" ." >> heather: president trump's revised travel ban meeting the same fate as the first one blocked by a federal judge. the latest setback for the white house from a ruling in hawaii, raising the question, what comes next? william la jeunesse is live for us in honolulu with more. >> heather come you know judge derrick watson who is an obama appointee basically ruled that the purpose of the travel ban which is national security is secondary to what he called its primary objective which was to discriminate against muslims. he reached that conclusion based not what is on the document itself but with the statements made months ago by candidate donald trump that if elected he would ban all muslims entering the u.s. though that is no longer the president's view and it is not in the latest executive order, the state argued and the judge agreed that it was religious discrimination as the administration's intent. >> what we have heard today loud and clear, and it did not take the judge very long to rule is

that when there is intent to discriminate, whether it is on the four corners of the document or you need to look outside to the context in which the document was prepared, intent is intent. >> we now have eight judges, five at the district court level, three at the federal who have ruled against the president's travel ban even though federal law gives the president broad powers to determine what foreign nationals into the u.s. for national security purposes and that is humming the texas attorney general supports. speak of the law itself is pretty clear. it says in the statute, congress gave the president the authority to basically restrict any alien class of people he believes is detrimental to the united states as long as he wants, and it is pretty clear and seems to me like the courts are ignoring the law. >> so it doesn't seem that any of the judges, hawaii, washington state or maryland are able to get by the discriminatory effect of it to even consider the president's authority to enact it.

back to you. >> heather: thank you, william. we will be right back. whoa, this thing is crazy.

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[whisper: rocket] >> melissa: fox news alert. the white house briefing set to begin any moment with special guest nick muvlaney. hello everyone i'm melissa francis. the big budget winners the department of defense, homeland security and veterans affairs. the budget release comes out today. chief white house correspondent john roberts is standing by as we wait for the briefing to begin. john, what can you tell us? >> reporter: good afternoon. this will be the second time we've seen the director here in the briefing room in the last couple of days. he was here yesterday giving us an advance briefing on the budget, in which he said this was going to be a hard power budget. the document we got this morning makes good