don't think i can do anything to make you like me. i will not lose sleep over it. say something, call the number on your screen, 877-225-8587. that's all the time we fair, balanced, and unafraid. he is still going. here comes martha. >> martha: high stakes poker tonight for president trump after what was called an epic meeting this morning on capitol hill. >> mr. president -- >> can you get the votes, mr. president? >> martha: hope so. his capital now on the land for this health care bill, it is a gamble, searching for a win during a bit of a rough patch. the vote is now less than 48 hours away. welcome to day 61. i am martha maccallum in the "the first 100 days." behind closed doors, the president apparently really laid it on the line, saying, "many of you came and i pledge to repeal and replace obamacare. i honestly think many of you will lose your seats in 2018 if you do not get this done."

then, according to those in the room, he asked house caucus chair mark meadows to stand. reportedly, with a wink and a smile, said something like, mark, i am going to come after you. i hope congress and meadows will be with us in the end. fox news can report that the vice president, mike pence, made a special visit to privately speak with meadows today. we have not seen this kind of process since obamacare was passed along party lines. the congressman said despite being singled out today by number one and number two, he is still a "no." so, how is it going to go? >> there is 30 or so votes that are no among conservatives, then come about ten to 20 other moderates. >> i don't know what the web counters for the freedom caucus. i note the discussions i am having a very positive, president trump's visit today with house republicans was very persuasive. >> martha: what is the truth? effort fails, it may be hard to

prepare the rift between the white house and the so far and causa trend, such as, our next guest, republican congressman jim jordan from ohio, who joins us with more. good to have you here. >> good to be with you. >> martha: i assume you are still a "no." what do you make of the numbers that those two congressmen were talking about? who is right? >> i prefer not to be called recalcitrant. i think we are standing up and doing what we told the voters we would do. this bill, let's be honest, does this bill repeal obamacare? know. even charles krauthammer has said it is obamacare lead. does it bring down premiums? no, it doesn't. even cbo said that the premiums will go up. does it unite republicans? obviously, it doesn't. you have lots of conservatives in the house in the senate opposed to this legislation. the vote count right now, i think opposition among the freedom caucus members is very strong. i don't think there is a vote to

pass. that is why we have debate. >> martha: today, lots of tweets going out from paul ryan, kevin mccarthy, they say, we have tried to meet people, we have tried to make changes among the changes, increased tax release, more probable go to the states, you have more support for older americans, a big issue. more than that, what do you say to conservatives and republicans out there who say, look, for the first time and forever, you've got the house, senate, and the president. can you get this thing through the house and then, begin the long negotiation process that is still to come? >> great question, martha. why don't we pass what we passed 15 months ago? >> martha: i doesn't have a replacement. >> you do the repeal first. we have a separate bill that is replacement. this bill doesn't replace it ever, it is talking about face two and phase three. we know those won't happen. let's pass the repeal, after all, if it was good enough to tell the voters that is what we

were going to do, good enough to campaign on, why now when it counts can't we that? >> martha: many disagree with you and feel like the bill will end up being better off than you say. one last question. the president said, if you want to do tax reform, he said, i do, you need to be with me on this so we can move this agenda and get things going. >> what we need to do most is what we told the voters. this bill, when you read this legislation, does not do that. let's focus on making sure we keep our promise with the american people. they elected us in 2010, 2014, and 2016, largely on this issue. we owe it to them to repeal it and replace it with patient centered health care. >> martha: thank you. i would remind you, and cost approach is not always a bad thing. it just means you that you are dug in. joining me now with mark, anthony scaramucci, a former executive member of president trump's transition team. jessica tarlov.

mollie hemingway, a senior editor at the federalist. welcome to all of you. let's go around the horn on this tonight. anthony, i will start with you. a businessman, you understand the economy of the country. when you look at this bill and you listen to jim jordan, while americans have lower health care costs and more choice with this bill? >> jim doesn't have as much faith as i do. i do think you'll get through the three phases. i agree with the president, they have to pass this phase now and sent a message to people of the republicans will unify to push a pro-economic growth agenda. that includes with the president is saying, the whole volume, health care reform tax reform, deregulation, those are the legs of the stool that will lead to more economic growth. i would like the guys in the freedom caucus to recognize that one thing we have to do as a fellow republican is to come together on this issue, even if we don't philosophically agree with every little tenet of it or its purity. i think the president is making

that case well. i think he will be successful. >> martha: jessica, how happy are democrats of the squabbling with another party? >> it makes how while neil gorsuch is doing a little better. for the first time, i agree with the freedom caucus, which i don't think it's ever happened before. as much as i love anthony, i disagree with what he is saying. jim jordan made a powerful point that people on both sides of the aisle need to take to heart, you serve your constituents first and foremost. the republicans have campaigned on repeal and replace as long as obamacare has existed. i don't want it repealed. i understand that needs modifications, we have discussed that. i think a smart move is to get it right. i don't know if they will get to phase two or phase three. when you look in the public polling in the average support, between 30 and 35%, plainly and clearly to the administration, we know there are problems with this bill and we are not willing to give up what we have come of the devil we know, per se, for

the devil we have no idea. the cbo has painted a very dark picture. >> martha: let's go to mollie hemingway. you are listening to this, what you think? >> it is not a battle between trump and the conservative members of the house. it is a failure of republican leadership in the house. when you think back to what happened, when obamacare was pushed through in 2010, american voters responded by giving democrats the worst defeat of any major party since world war ii. then, republican said, we need more, give us the senate. voters gave them the senate in 2014. then, republicans said, that's not enough, give us a republican in the white house. they did that in 2016. now, they can repeal? it's not a repeal. whatever you want to say about it, it doesn't repeal obamacare and it doesn't replace it. it keeps the medicaid expansion. it keeps the premiums high on insurance companies and it adds entitlements. it's true that republicans won't be happy if republicans were elected to congress and they don't repeal and replace obamacare. that is why it needs major

change before it goes forward. >> martha: anthony, some say the president doesn't want to get mired in the details of this whole thing. he just wanted to pass because he wants a won. >> it is two on one, martha. >> welcome to my life, anthony. >> i get the fact that it is not perfect. i think what we are struggling with right now as a society is that we are all entrenched. i do love jessica, as well. here is the problem. you have to represent your constituency. we have a huge problem in the united states. a slowdown in growth, health care uncertainty, tax reform uncertainty. corporate tax rate is the highest in the industrial world. the president is trying to comment the house and the senates, with a comprehensive plan to help economic growth. this is one of the fillers in the stool. i didn't say it was perfect, i am not arguing it is. i am telling you what, he got elected for a reason, to restart the economic engine of growth for the united states. i think these guys are making a

terrible mistake by not backing him and what did you say? the 61st day of his presidency? come on. go back to 1980. and like a what they did for ronald reagan and back the bill. >> isn't that an argument for why he shouldn't have done tax reform first? he campaigned on being a ceo, he said, i can run the united states better as a businessman than a politician. the poles have responded, people have economic confidence. >> martha: get the best bill you can. >> why shouldn't they have done tax reform first? >> martha: mollie, is it possible that this can be fixed to your liking? >> most importantly, it needs to be done because they are happy and promises made to the american people about taking care of this abomination of health care legislation. i don't think voters will be happy if it's not taking care of. >> martha: good to have you here tonight. breaking, the other big story from today comes the confirmation hearing of neil

gorsuch, the judge still facing the new sick. he has had a long day, ten hours of questioning. senator mike lee has been in the room all day and he joins us about how far the democrats may go to stop this confirmation. we will also ask him about a stand on the health care bill making its way through the house. plus, a shocking story out of maryland. it reignited the debate over sanctuary cities, after an 18-year-old an illegal immigrant is one of the alleged suspects in a horrific rape of a 14-year-old girl after maryland high school. he will hear from one of the parents in an interview that you cannot miss. that is straight ahead. stay with us, folks. we'll be right back. >> this was a terrible act done by somebody that is going to be terribly punished. has he should be, as they should be. but this is not on us diabetes can be a daily struggle, even if you're trying your best. along with diet and exercise,

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>> martha: breaking tonight, day two of the supreme court confirmation that could reshape the bench for decades to come. it has been a marathon today for judge neil gorsuch and it is still underway. approaching the ten hour mark for him. here's a look at a couple of the more contentious moments from earlier in the session. watch. >> do you believe that there are

ever situations where the cost to an employer of maternity leave can justify an employer asking only female applicants are not male applicants about family plans? >> senator, those are not my words and i would have never have said them. >> i didn't say that. i ask if you agreed with the statement? >> i'm telling you i don't. >> we have been talking about this case. >> i don't know. i wasn't in the man's shoes. >> i think everybody here would have done exactly what he did. >> i think that's an easy answer, frankly, i don't know why you had difficulty answering that. >> it is absurd to say this company is in its rights to fire him because he made the choice of possibly dying from freezing to death or causing other people to die possibly by driving and unsafe vehicle. that is absurd. >> martha: so, that was a bit of the partisan politics that were in play. could we be headed towards a so-called nuclear option on this to get him confirmed?

that is looking like a real possibility as the leadership from both parties are dug in. watch this. >> if judge gorsuch can't achieve 60 votes in the senate, could any? judge appointed by a republican president? >> judge gorsuch looks like he's playing dodgeball with the senate judiciary committee. >> i don't think a single one of our senators has endorsed judge gorsuch. everyone is being careful. >> martha: joining us now, senator mike lee, a member of the senate judiciary committee who questioned judge gorsuch today. welcome. good to have you here today. i'm curious what you think about what you think of senator schumer's characterization that aren't one of his at democrats on the senate side appear to be on board. what does that mean? what happens next? >> i think's characterization is accurate in the sense that not one democratic center has announced a decision to support judge gorsuch yet. that doesn't mean it won't

change. in fact, i think it will change. this is an extraordinary judge. his performance today has been exceptional. i think democrats will find it very difficult to oppose his confirmation. >> martha: do you think that mitch mcconnell will have to trigger the nuclear option? that moves us to a place where you might as well stop having hearings, write? it will be a partyline vote and whatever party in power will get that person through. >> i am not convinced that we will end up with 60 votes to confirm judge gorsuch. i think it is entirely possible, not likely, that we get enough democrats on board that we can get him confirmed. we will get him confirmed, one way or another. i look forward to it. >> martha: i want to ask you some questions about health care. obviously, the ball is not in the senate's court right now but you are watching with everybody else what is happening on the other side of the aisle.

basically, the argument is that this is too much like obamacare and the argument on the other side is, you now have the house, the senate, the white house, there is momentum behind this. there's a lot to be done. do you think people should get in line on this bill or not? >> no, absolutely not. i don't think this bill was what we promised. what we have been promising for seven years is if republicans were given the chance to govern, we would repeal obamacare, root and branch. that is not what this bill does. that is what we need to do and that is why i am holding out for a vote that fulfills that promise. >> martha: why do you think paul ryan has come up with a bill that you believe doesn't do what has to be done? why would he do that? what is his motivation? >> i don't know. i am never the best person to ask what someone else's motivation might be. what i do know here is that president trump's message has been hijacked. his agenda of repealing obamacare has been hijacked by

people who don't share his values, people who don't share his desire to repeal obamacare. we do need to repeal it and this bill, unfortunately, doesn't appeal as much of obamacare as we need. >> martha: senator, you are saying that paul ryan has ing that the president's message the president, the wool has been pulled over his eyes. is that what you are saying? >> i'm not accusing anyone of hijacking at. i am saying this bill does that. this bill contains a false promise of providing americans with meaningful health care cost relief. the bill does not provide that. it doesn't repeal all of obamacare. >> martha: isn't going to pass in the current version on thursday? what is your sense? >> no. i am strongly, strongly persuaded at one pass. i think they should cancel the vote because they don't have the votes. i have been telling that for many days. so far, that hasn't been heated. the fact remains, they don't

have the votes to pass this. they need to bring people and who have concerns, brilliant conservatives, let them express what their concerns are. we can still fix that. >> martha: senator, thank you for being here. good to see you, as always. still ahead, one day after the fbi director confirms a probe into the ties between russia and president trump's presidential campaign, his former campaign chairman faces new allegations inside ukraine. marc thiessen and julie roginsky weigh in on that. plus, we take you to rockville, maryland, where a high school and a community are relaying tonight after a 14-year-old girl was allegedly raped by two men, one of whom is an illegal immigrant. we will speak exclusively to the parents of the sophomore at the school straight ahead.

♪ >> the fbi, as part of our counterintelligence mission, is investigating the russian government's efforts to interfere in the 2016 presidential election. that includes investigating the nature of any links between individuals associated with the trim campaign and the russian government. >> martha: one day after those remarks from director comey

confirming a federal investigation into possible ties between donald trump's campaign and the russian government, new allegations surfaced about the paul manafort involved the alleged cover-up of payment from a pro-russia soars in ukraine. at some democrats are leveling some serious claims of their own, including california congresswoman maxine waters who tweeted, "get ready for impeachment." high drama. trace gallagher joins us from the west coast newsroom with the background. >> paul manafort was pushed out of the trump campaign back in august for allegedly accepting nearly $13 million in payments from ukraine's party of the regions, that is the former party of ukrainian president. it is also the party accused of having ties to russian president vladimir putin. the 22 payments allegedly made to manafort were documented in something called the black ledger. manafort said it is fraudulent and he never got the money. now, ukrainian lawmaker who was

also a journalist says that someone renting paul manafort's old office in ukraine found an invoice inside a safe that not only corroborates one of the payments, but shows manafort was trying to cover it up. the ukrainian lawmaker says the envoys with manafort signature, appears to show $750,000 funneled through an offshore account disguised as a payment for computers. manafort says the document is a forgery and the ukrainian lawmaker who obtained it was involved in a scheme to blackmail him. a manafort spokesman says the national anticorruption bureau of ukraine dismissed the document, but they said they haven't dismissed anything. they are just not interested in prosecuting. listen. >> as for mr. manafort, our position -- he is not the subject of jurisdiction. first of all, he is not a

citizen of ukraine, he is not a ukrainian citizen. >> a manafort is under scrutiny from the fbi, the director james comey made it clear that he won't comment about it. by the fbi continues looking for any possible connection between russian officials and the trump campaign, the trump administration isn't shying away from the subject. secretary of state rex tillerson will now go to moscow next month, the purpose of the visit is unclear. second tillerson will also skip next month's nato summit in brussels, apparently because he'll be meeting with those very same foreign ministers tomorrow in d.c. though the state department said today they have proposed new dates for the meeting so that tillerson could attend. >> martha: thank you. joining me now with more, american enterprise fellow marc thiessen and julie roginsky. welcome to both of you. there is a lot there. let's start with the paul manafort issue.

it's like a spy novel. it could be serious if there are connections. what is your take? >> first of all, this is why you don't hire somebody who was running the campaign of the pro-russian prime minister of ukraine. the reality is, paul manafort was on my job for five months and he was fired because of the revelations about some of the stuff about ukraine. this is a guy who was hired to run the campaign, the stuff came out, some -- there's more coming up that you just reported, a lot about information came out during the campaign and he was fired. i don't see how this is a stain on the trump administration. he is not part of the trump administration. he was the campaign chairman but he was there for a limited amount of time. >> there is a lot of smoke, not just related to paul manafort. the only part of the republican platform, that the trump campaign, carter page, donald trump itself, when he reversed himself, perhaps on his

own initiative, decided to change the only part, changing ape pro-russian plan to make it more difficult to find ukrainian rebels, freedom fighters, who were fighting russian aggressions. constantly, there is a smoke around russia. the president continues to get hysterical anytime there is implication about anybody on his team coordinated with russia, something the fbi said has happened. >> martha: congress wants to talk to paul manafort. everybody wants to keep digging into this. the problem, as i see it, marc, it is difficult to separate. the president, the administration, hasn't done a great job of clearly articulating how they see vladimir putin and where they see an opening for potentially working together on things and clearly delineating the areas where they find behavior to be extremely egregious. because they haven't, it allows these connections to fester and people to say, well, maybe there

is a something bear, maybe there is something nefarious, we may be they do help something. >> i agree with you 100%. one of the reasons why it is good to send tillerson to moscow to meet with putin and to come to some kind of russian policy. the truth is, donald trump embraced vladimir putin. he said he was a strong leader. he was dismissive when people said on this network, being interviewed by bill o'reilly, he said, he's a killer, he said, we kill a lot of people, too played a big problem for donald trump, the embrace of vladimir putin. therefore, things that might otherwise be seen as an ascent toward coincidental are seen as being part of a big conspiracy. feeding the conspiracy theory is who are eluding collusion. it is entirely possible that it was bad policy judgment and had nothing to do with any kind of

collaboration. >> martha: it needs a lot of clearing up. quickly, tillerson, the nato meeting, not going to that, he will be to the chinese leader at mar-a-lago, he wasn't included last time there was a head of state there. what do you make of his next move? >> first of all, he needs to reassure nato that we still stand by nato and we stand by our alliance. it has been enforced since the 1940s. he needs to make it clear to vladimir putin that he is not there on behalf of exxonmobil or an ally, they are to negotiate a very difficult things on behalf of the united states. furthermore, this is not a conspiracy theory about russia. the fbi said there is coordination. that is not a conspiracy theory. >> martha: tying those two things together is what has not has been established. we need to be clear on that. that is exactly what they said they are in the middle of but did not confirm in any way.

julie and marc, thank you. still ahead, u.s. officials taking the drastic step tonight of borrowing personal electronic devices from being carried on flights from eight muslim majority nations. sound familiar? we'll tell you the chilling reason behind this decision. and a shocking new details emerge on the rape of a 14-year-old girl at her high school in rockville, maryland, . fox news doug mckelway monitoring a pta meeting going out tonight. the parents are now having their say and being heard. one of them will join us and to speak out, exclusively here on the "the first 100 days." how could this happen? you would think from a nationalist, state level, they would know who they are admitting to the school. they would

>> martha: tonight, an awful

new crime in the battle over a sanctuary city laws. this time, the story comes from maryland, where a 14-year-old girl went to school at her rockville high school and was allegedly raped during school hours by two other older students. at least one of whom, we know, is an illegal immigrant. the other is not sure. tonight, parents are at the high school. you can imagine they are in rage. one of them will join us in a few moments. first, doug mckelway is on scene in rockville tonight. outside the site of the ongoing pta meeting. good evening to you. >> let me bring you up-to-date on the details, as unpleasant as they are. it was last thursday morning about 9:00 in the morning when a 14-year-old freshman girl here at rockville high school alleges that she was shoved into a boys restroom in a little used part of the school and despite her best efforts to resist by holding onto a sink, she was thrust into one of the stalls where two other students

proceeded to rape her, to sodomize her. that same day, police arrested two high school students, and illegal from guatemala, and in el salvador in. the arrest have sparked an outcry and progress of montgomery county, maryland, where angry parents are attending a pta meeting that just got underway. >> i know that if this country enforced a loss on the books, those two young man would not have been here and this horrendous, or run to not have occurred. >> i am outraged by the situation, i am a lifelong resident. >> they come in, if you are 20 years old, come in. go to high school with a 14-year-old. >> and his first press conference since this thing happen five days ago, the superintendent said that the school district has absolutely no choice but to accept all comers to his schools. >> we are a public school

system. we serve all of our students when they come to us. when we look at that, it is not always the right thing to do and the good thing to do and it benefits the students and our community and our states. it is also the law of the land. >> local county and city officials denied that they are an informal sanctuary city, saying that whenever an illegal alien is arrested and montgomery county, and in prison, after the imprisoned time, i.c.e. is notified or they are handed over. they know that that occurs only after a crime occurs. if they say it was federal immigration officials under the obama administration who dropped the ball here. >> one of the two individuals that was apprehended was actually stopped by i.c.e. in texas and released. how is this on us? >> others say this is a community that is straining under the pressure of unchecked

immigration. this morning i spoke to part-time elementary school teacher here who told me that 1 out of every three students in her elementary school cannot speak a word of english. she maintains its close the learning process down, it costs the school system tremendous amounts of money to hire teachers who know how to speak as many as 19 different languages. as she said, it slows the learning process down. the old adage, convoy moves only as quickly as the slowest ship. this convoy is slowing down. >> martha: thank you very much. he doug, thank you. a horrific case, obviously, it happened in rockville, maryland, and is not going national. it was a question today in the briefing at the white house. here is sean spicer and his reaction to this earlier today. >> this young woman in particular fought to come to this country legally because of the freedom semitreasures of this nation. to think of this tragedy would occur to someone who has endured

to that kind of struggle to come to this nation and then face this, it is reprehensible. it is not who we are as a country. there are so many facets to this case that deserve questions. i think he was 17 or 18-year-olds old. 18, thank you. how does that person get put into the ninth grade? there are so many issues that come up in this case. i will leave it to authorities. i think we are in the early stages and there's a lot that needs to get addressed with respect to this case in particular. >> martha: here with me now is kimberly allman, the mother of a student at rockville high school. kimberly, welcome. thank you very much for talking with us. it is a tough time for all of you. >> it truly is. thank you very much, martha, for helping to shine a light on what is going on here in our community. my son happens to be a student here at rockville and i have had two other children go through here. i am happy to be here tonight. you are shining a light on what is going on and how it affects

everyone. what is it that you want to know? >> martha: let me start with a question, in terms of the reaction of the parents in that meeting tonight, what were some of the things that they were asking? what did they want to know about how a 17 and 18-year-old and up and in ninth grade, a situation where they can perpetrate this kind of crime, alleged crime against a 14-year-old girl? >> it is amazing. over the last couple of days, as all of us parents have found out more details of what happened, we have been shocked because we need to know how this happened but not to place blame on the school system or anyone else, we can do that later. we want to make sure that we know how to prevent these situations in the future. our governor came out today and he used very strong words. he used the words that i need to hear and so many other parents need -- if you look behind me and you see these parents,

governor hogan used the words that i want to hear. not the wash down language we heard from the last administration and placing the blame -- >> martha: what did he say? >> he used at the word illegal immigrant. he wanted to know why these men were here with our children. that is the problem. if we free up our resources for so many different things by moving these people -- you see people are very excited about what is going on -- we use our resources to move these children out, the illegal immigrants out of our school system at our community is we'll have that cover those resources to use in so many ways. it is so important. >> martha: i understand. there is no reason why an 18-year-old who has been detained by i.c.e., where the school doesn't know that and they can't make sure that that student does not pose a threat

to other students. you talk about safe spaces in education, it seems the most basic element of a safe space would be for a 14-year-old to be able to go to school and not get to raped in the bathroom by an illegal immigrant. thank you very much, kimberly. we thank you for being here tonight. also, after uncovering a fresh terror threat, the united states is moving to ban electronics that are bigger than a cell phone on board aircraft's when it comes from aid to muslim majority countries. how is this different from the president's travel ban? law professor is here with answers. the first daughter ivanka's trumps influence seems to be expanding, as she gets a new west wing office. the former chief of staff to the first lady laura bush with her thoughts on that. plus, president trump delivers a keynote address this evening to the national public and congressional committee march dinner. we will monitor this president's speech, if there is news made,

we will bring it to

... ... ... ...

>> martha: breaking tonight, of the united kingdom is joining the united states in banning nearly all types of electronics in the cabin of commuter planes from some muslim majority countries in the middle east and africa. u.s. officials say the decision

is not based on an immediate threat but that terror groups continue to focus on targeting airplanes. so, how does this restriction targeting muslim majority countries differ from mr. trump's travel ban that has been struck down by the courts twice now? george washington university law professor joins us now with his thoughts on this. professor, welcome. good to have you here tonight. >> thank you. a very important difference, right off the bat, the travel ban only applied to people who were foreigners outside of this country. the constitution doesn't protect foreigners and foreign countries. this laptop ban does apply to american citizens, muslims as well as non-muslims. they are entitled protection, equal to production, due process, establishment clause, , in some ways, the argument is stronger. the bottom line really is, the logic is faulty, neither one is unconstitutional. >> martha: that is very interesting. you also talk about the fact

that banning your computer at this point is, my comparison, almost like banning a part of your body. everybody travels with their computer, their livelihood, their ability to do their work. to ask them to put it in the cabin and not have it with them presents a bit of a problem. is this in a way the administration's way of trying to implement the ban in part since they don't have it in hole? >> some people are making that argument. in fact, the argument you make is even stronger, because it applies to people like journalists and government officials and their laptops contain a lot of information they don't want to be flowing into other hands. but i think the bottom line here has to be, i can't make a determination as to what is the motivation behind it. i think some judge in hawaii or some judge in maryland who has no scientific background isn't privy to any kind of security briefing, doesn't understand security procedures, can't make that decision. the only person who can make it

and the one of our constitution who was supposed to make it as the president, the executive branch, he has made the decision. it is not up to some judge in hawaii, to say, mr. trump, i think you did it for bad reasons or i am not sure that there is enough of a security problem. >> martha: how was it different than saying, you can't bring liquids over a certain ounces level? there's a lot of things you can't bring on planes. why is this different, legally? >> >> the differences that the other restrictions apply across the board. there is no religious discrimination or national origin discrimination or racial discrimination. everybody has to bring the same 3 ounces. arguably, when you single out only muslim majority countries, particularly in view of trumps statements disparaging to muslims, the courts say, that violates the freedom of religio religion. they ignore the fact that the constitutional protection, freedom of religion doesn't

apply to some guy sitting in his hot and yemen who has a hankering to come to the united states. it does apply to the united states citizens who may be a muslim who wants to travel. >> martha: professor, thanks for your time. good to see you tonight. new reaction about first daughter ivanka trumps new real estate and also, her high level security clearance, prime office space in the west wing. the move has raised a lot of questions about just what her role in the white house is. anita mcbride, first lady laura bush is chief of staff, takes us behind the scenes i'm only in my 60's. i've got a nice long life ahead. big plans. so when i found out medicare doesn't pay all my medical expenses, i looked at my options. then i got a medicare supplement insurance plan. [ male announcer ] if you're eligible for medicare, you may know it only covers about 80% of your part b medical expenses. the rest is up to you. call now and find out

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♪ >> martha: finally, a big move for first daughter ivanka trump. a new west wing office and high level security clearance as she appears to take on a larger but still unofficial role in the trump white house. how will that work out? joining me now, anita mcbride, the former chief of staff to first lady laura bush, executive

in residence at american university school of public affairs. this is somewhat unprecedented, no? >> yes, it is, unprecedented. i spent a lot of years working as white house personnel director for presidents reagan and bush and i am familiar with white house personnel policy and i know that it is very flexible, hiring authority, unlike any other agency and the government. still, this is pretty unprecedented. >> martha: there were such a big hubbub would hillary clinton moved into the west wing because first ladies are usually in the east wing or working in the private quarters. this says a lot about her role. how do you see her role in this administration? >> i think, i see this as formalizing something that we already know was happening. she's a close confidant of her father. he trusts her judgment. they have spent years working alongside each other. i think that this just shows that there is a -- there are issues that she is concerned

about, she would like to see front and center. frankly, if he didn't care about them, too, this would not be a position that is approved. >> martha: we have a tweet that the president said early in the game when he denied, there was a story that came out a while ago, this is november november 16th, i am not trying to get a security clearance for my children. it typically falls new story. since then, jared kushner and ivanka trump are in the process of getting it. i wonder if there is sexism attached to this. the people be freaking out as they are in some corners about her power if it were donald, jr., or eric? >> i think it would be for any of the children. i don't think that gender matters here. i think that americans need to be comfortable that there is not a blurring of the lines between a private life and now, this official authority. i was glad to see that there is a recognition that they are subject to the records act, she

will have government issued items. all of that is part of presidential record. there are ethical concerns that they will be following. that is a good thing. >> martha: her office will be right next to dena powell, who has gotten -- obtained a higher profile. tell me about that. >> she is extremely talented. she knows a lot about how government operates. she worked at the state department and a high-level position, cultural affairs. she is building upon a strength that she has an understanding how government works. and having a sense of the national security apparatus, she can build bridges between the departments. >> martha: i wish we had more time, anita. thank you so much. we end tonight with a quote of the night. a hat tip to our friend, chris stirewalt, this one from alexander hamilton about the greatest power that congress has. "this power, over the purse, may in fact be regarded as the most complete and effectual weapon

with which any constitution can arm the meaty representatives of the people. carrying into effect every just and a salutary measure." think about tha ♪ >> tom: welcome to "red eye," hello everyone, i am tom shillue. let's check in with tvs at andy levy over at the "red eye" tease deck. >> andy: is fear of donald trump's tweets the reason that some nfl teams will not sign colin kaepernick? massive anomaly underneath the