's before morning. >> bill: yes, it is. >> shannon: it's not going to slow down any time. good energy here in new york city. >> bill: have a good morning, everybody. "happening now" starts right now. >> jenna: we start with a fox news alert, and russian investigators looking into a possibility. it is a act of terror, something we are going to be looking at closely. hello, everybody. i am jenny lee, and lucky for us, jon scott is back. >> jon: back with a brand-new knee. feeling pretty good. >> jenna: it looks great so hard to what i can see. >> jon: they say it will get better. so we are going to be checking in on this explosion in russia. a st. petersburg subway train appeared to be the target. investigators are calling it a possible act of terror. >> jenna: at least ten people reportedly killed. this is after a bomb went off.

during a very busy monday. i'm sure that you can imagine what it is like to be in a packed train at that time. we are looking for a little bit more information. a slowly coming together. i am joined by the moscow bureau c. david, what do we know as of now about what transpired today? >> well, it looks like the train is traveling from one subway station to another. the blast went off in the middle. in one car, and seven people died immediately. one died on the way to the hospital. another died at the hospital. so the official total is nine not ten. >> jenna: speech without us updd information. we appreciate that. the initial report we have to piece together, but there are many others injured as well. >> yes, they say at least 20 injured. it was a blast in one of the cars. if they are saying that it was not two side blast, a remote

control device. they also say that they found another explosive device that did not detonate in another station. so it was a terrorist act, nobody is saying, obviously it has all of the hallmarks of one, but nobody is saying it yet officially. but if it was, it was coordinated and going to cause a lot more loss. >> jenna: vladimir putin is in st. petersburg today? >> yes, he happened to be in sth the president of belarus. he does not use the metro, the subway, but he happened to be there. so there is a lot of talk about increasing security. increasing security in moscow. they have closed down the subway system in st. petersburg. >> jenna: as someone who lives in russia, love your take on the weeks leading up to this. has there been an increased conversation about the terrorist attacks? we know that this is not confirmed at this time.

if it is in fact the case that this is, and i'm not going out on a limb here. vladimir putin did say he has the marks of it in some of his first statements. who would be looked at as being behind it? >> okay, well, first of all we have had a lot of terror attacks here in russia. quite a few have been at the metro stations. one of the reasons why this one seems to be less of a loss of life is because it took place as the train was going from one station to another. not in an open station. there been quite a few of those paid very often they end up being tied to the rebellion in chechnya. there is also the return of the sovereign state fighters from syria in the middle east back into russia. there was an attack last week, i think it was 16 russian soldiers were killed in an attack by fighters that were later identified as possible runners

from the state. so you have the latent insurgency in chechnya, but that being said one of the sources of terror attacks. >> jenna: so it's about 6:00 p.m. in moscow at this time? i'm just wondering if you can describe the reaction inside the country to this news. as you are getting ready to go home, what does the environmental like? >> we also have one of our reporters headed up to st. petersburg so that you are aware of that. the initial call, a lot of people are talking about cracking down on security measures, stepping up security. there have been some talks, idle talks, their urban street protests in the last two weeks prior to last week was a big one. this week a small one. somebody was mumbling about this is what happens when they are our street protests, nobody has done that officially, but obviously the two weekends we

have had a lot of security out on the street. this being russia where there is sort of a sense of siege mentality a bit, and also this country has had so many attacks that there might be people who are willing to connect to the protest movement. but also the likely thing that people are going to be doing is looking to security in the south of russia where the insurgency was. and other insurgencies have been. so that is the atmosphere right here. there is a lot of worrying right now trying to figure out what exactly this was. are there going to be more of these -- when was the last time russia was attacked like this? it seems like it has been a while. but then you see the trepidation of what is coming next. >> jenna: we can certainly understand that here in the united states as well. especially with the second device being found and deactivated. it certainly explains a lot of the nerves. we are going to be talking a little bit more in the program

about what has been happening in the russia, the street protests. i know that you have done some great reporting on that as well. thank you very much for this time. we appreciate it. we hope to be in touch. in speaking to our viewers, president trump has been briefed on what happened in the russian subway just a few hours ago. we should get a more official statement from the white house hopefully in the next hour or so in our program. ♪ >> jon: a big meeting at the white house in the effort to revive her relationship with one of our allies in the middle east. resident trump meets egyptian president later this hour. the egyptian president is the first arab at the head of state to visit the trump white house. they say that they are working to rebuild relations strained under president obama. this comes after the president went on another twitter firestorm. in an interview sunday, president trump saying that he regrets none of his tweets into

that his unsubstantiated claim that president obama wiretapped trump tower is reportedly true. john roberts live at the white house with the latest. >> good morning to you. welcome back, by the way. let's start with the meeting. that will happen within the hour. to this as second meeting between president trump and the egyptian president. we are told that they have a good relationship despite the concerns about the authoritarian rule. the president wants to use the meeting to improve the relationship that was pretty rocky during the obama administration. but they admit that this is supposed to get underway about 10 minutes till 12:00. report to the tweet storm, there were a lot of different topics. fox reporting on the controversy. the president tweeting out to that fox news for multiple sources, there was an electronic

service on trump and people close to trump. this is unprecedented. also looking at the fbi's handle on that as well is a tad unusual. he is also taking hillary rodham clinton, saying did she ever apologize for receiving the answers to the debates just asking? and also taking hate and her campaign leader podesta. did hilary know? in an interview with financial times over the weekend, the president defended his proclivity to tweet some controversy over saying "without the tweets i would not be here, i have over 100 million followers between facebook, twitter, instagram, 100 million, i do not have to go to the fake media." when he was asked if he regretted his tweets he said, no, i do not. there's nothing you can do about it. at the president picking up some support for judge gorsuch from

another democrat. indiana senator joe donnelly says that he will support him. he joins no mention of west virginia. the senate minority leader, chuck schumer predicts that he is not going to get the 60 votes to avoid a filibuster. mitch mcconnell, if he wants to get them through, and he says he will he will go for the nuclear option. and on that point, let's remind you what the president said about all of that back on february the first. listen here. >> if we end up with that, i would say if you can, mitch, go nuclear. that would be an absolute shame if a man of his quality was caught up in the web. >> the majority leader says that he will do what it takes to get gorsuch confirmed. he should be the newest adjustment on the supreme court. >> jon: a big wrestling match underway right now. john roberts, thank you. >> jenna: let's bring in the deputy online editor for the weekly standard. and another quiet monday, guys.

right back in the program. let's start first with the impact of there. it's just starts with the russia, trump story and generalize it altogether. what do you think is new this week? what do viewers need to know this week is supposed to last week at this time. what is an important part of the story and why it matters? >> i think one of the big things is able to delineate from what is going on with respect to president trump's tweets and what house intelligence chair has been able to say is related to this. on trump's part, he did tweet that term tower and my phones were tapped by the president. if there is no evidence as to support that campaign. and determine nunes says that there would not be substantiated at all. he is reviewing another line

here. what people affiliated with the transition team. and that's being that's let's say that you have a person who was an improved foreign intelligence targets, somebody who the u.s. official might be talking to that person or communicating with that person in some fashion. that u.s. person then is incidentally swept up in that type of agreement, and watch a chairman nunes is saying is that there was some inappropriate unmasking of identities that are typically concealed there. that is the delineation from what we are talking about here. who related the issues, and the animation of giving president trump the benefit of the doubt. >> jenna: if i can continue without, if your name is unmasked, you were talking to somebody. if your name is unmasked by somebody and then given to the press, even if you have done nothing wrong, that could be incredibly damaging to you as an individual. just in general speaking. we don't know, there are so little and asked that we know.

it goes into an uncomfortable territory. we do have some new information that is coming out by eli lake, as well as others reporting that susan wright was a one, the former national security advisor for the obama white house was the one that requested the identities of u.s. persons in this collection. so with the additional question of who one down last -- unmasked the identities, how are we here, we have a new name today. why does that matter? >> it's important because it gives us a broader contest. when it comes to the unmasking question, there are two separate issues. first there is the fact that the names of u.s. citizens were unmasked, most notably michael flynn. having those names kept within the intelligence community is not inherently scandalous, it is a u.s. official thinks that they need to know what american citizen was either talking to russians or what american citizen russians were talking about, in order for them to understand the intel that he or

she is looking at, he can have that name unmasked. if that is not unusual. that is in normal part about how they work. not a scandal. however, if somebody leaks the name of that u.s. citizen to the media. whoever leaks that name, almost certainly broke the law. and that is certainly scandalous. there is going to be a significant focus within the department of justice and the trump white house in figuring out who leaks the name of michael flynn, because whoever did that likely broke the law. if they are going to be in pretty hot water. >> jenna: that's why we get the turn political espionage, you can bring somebody down without having facts to back it up. i'm not saying that that is the case here, but if we start saying things about betsy and the press, she might not have done anything wrong, but then suddenly her name is everywhere. and then what? especially attacked between the president? >> and never one to betsy's point, it is an big one to take.

to the full unmasking procedure as much as it occurs behind closed doors, nothing illegal about that. nothing inherently scandalous about that. what nunes' contention has been is that there was normally minimization procedures taken to guard the identities of the u.s. persons unless there was some foreign intelligence value to doing so. his contention has been that there was no value to doing so. then you could see how that would tee up some sort of political connect the dots of okay, we have a name unmasked. get that name to the media. i have to wonder if that is that connect the dots are behind closed doors. and this morning learning from eli lake, we hear susan rights associated with this. already a political volatility attached to her. from the obama administration and the benghazi stuff in the last decade. or that's going to make it more bio -- boiled volatile. i'm sorry to -- >> jenna: i'm sorry about

using you as an example. thank you both very much. >> jon: well, the stage seems set for a supreme showdown. we have more democratic opposition. patrick lahey and dianne feinstein both say that they will both know, more in the moment.

there's nothing more important to me than 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 if my plans change. visit booking.com. booking.yeah.

>> jon: a fox news alert, the sanitary commission holding a report of sending neil gorsuch to the floor. at the democrats are not making it easy. if they are looking to get the boats that they need to block the pick. and republicans using the so-called new truth -- nuclear option. senator schumer says that the g.o.p. has another choice. >> it looks like gorsuch will not reach the 60 vote margin. so instead of changing the rules which is up to mitch mcconnell and the republican majority, why doesn't president trump, democrats, and republicans in

the senate sit down and tried to come up with a main screen how many? >> jon: joining us now, senator, the republican from alabama who supports the gorsuch nomination. you are new to the senate and the program. thank you for joining us today. >> thank you for having me on. >> jon: how important is it for you that senate rules be maintained? would you like to see mitch mcconnell use the nuclear option and blow up a couple of hundred years of senate tradition to get the supreme court nominee into the supreme court if necessary? >> i love the traditions of the senate rules. they are important. but in this particular case of the decision is up to the democrats. every judge has had the opportunity. if with a very, very rare exception of getting an up or down vote, even clarence thomas and the controversial days of his running, they have been controversial. but i will say this that the people of alabama and the

country expected to come here and get things done. one of the things they expected us to do was confirm the president's nominees. and neil gorsuch is as mainstream a conservative and as qualified as you can find in the country. if he is not acceptable, the fact that we go to find somebody else is a fantasy. it's not helpful. >> jon: very true that he is in the mold of scalia, the man's whose seat he is nominated to fill, what is the problem on the part of the democrats who do not want to see sort of an ideological soulmate to judge scalia replacing him there? >> seems to me based on what i have heard through the testimony up into the debates, is that they want to obstruct. this is obstructing the president's agenda. there should not be an issue. it does not need to occur. this is replacing a conservative judge on the court. he is a very mainstream conservative. he qualifies. this is just an obstruction of

agenda. and if this the democrats who controlled us, force us to have to change the rules. they will have to explain to the american people when they put politics ahead of the nation's business. >> jon: the democrats, three new democrats have jumped on board the anti-gorsuch train, patrick lahey of vermont, mark warner, senator dianne feinstein. it appears that that headcount makes it impossible for him to win senate confirmation unless mitch mcconnell employs the nuclear option, you would be okay without us? >> the other way it would work is if the democrats to vote against him, but give him a vote. they can go that way. what i have a problem with it is they are requiring 60 votes, invoking closure. that's has never been done on a partisan basis in this country's history. so if we have to invoke the nuclear option, i support that. i would not like to see it. i love the tradition of the

senate. i hope the democrats will accept that and just allow him to have a vote. >> jon: our newest senator, republican from alabama. thank you very much. >> jenna: president trump takes on the media for his coverage. our panel will pick it up next.

>> jon: it looks like president trump will not be giving up twitter anytime soon. in an interview yesterday, mr. trump saying that he has no regrets when it comes to his tweets. just as his administration blasts the media's coverage of the congressional probes of meddling into the election. white house deputy secretary telling fox news that the media constantly wants to talk about something that does not exist. let's talk about it with daniel heninger, the page editor for

"the wall street journal" and judith miller, pulitzer prize-winning investigative author and fox news contributor. thank you for being here on this monday. you say that the president tweets are sort of opposite sides of a coin, i guess i am -- maybe that's not the most artful analogy, but you say that there are two sides to what he is doing or has done. >> no, you got that just about right. the positive side is that he told them that it it was not for his tweeting, he would not be where he is today. i think that is true. during the campaign he was using tweeting to draw attention to himself. destabilize all of his opponents, quite obviously, and rallied the states throughout the primaries into the campaign. ante won. so i think it had a positive affect during the campaign. but now that he is president of the united states, flipping to the other side of the coin, i think that the tweeting is having the opposite effect. it kind of negative results.

and he is not rallying his base anymore. he has destabilizing his core supporters in congress who are not sure which direction he is going in. the tweeting has put him in constant tension with two mage in american institutions. the press corps and the washington intelligence community. to say what you want to have about the merits of that case, he is in a fight with both of them. in the old adage about not getting into fights with people who buy their ink by the barrel or ontology is in -- television 24/7 has put a downward spiral on his presidency. >> jon: was elected probably spelling the least love for the media as any president ever. >> that's true, but that was then. this is now. i totally agree with what was said. he just has to stop tweeting. especially incessantly, compulsively, he has done

himself so much damage through this. you know, donald trump has buy mara lago and it is so easy to win over a congressman. you just bring them to do nine or 18 holes, have them sit at the terrace and talk about policy. they go back and say that the president asked my point of view, it is so much better than insulting people in tweets. calling us "fake media," making fun of chuck todd's sleepy eyes, yes, it is funny, but look at his popularity. it is really hurting him. look at obamacare, the effort to get rid of it. it is hurting him. and eventually somebody needs to take that blackberry or whatever he is using out of his hands. >> jon: you said that it is not helping him with his base, but doesn't his base agree with

him on much of what he tweets out? >> it does. and i think that the base agrees with him, but in the fight that we just had over the health care reform bill, the base was really not able to rally support. any of the members of congress going over to his side, so i think the base is dispersed. not as effective during the camp -- as during the campaign. and politics is now going on in washington. and that's where donald trump needs support. the base camp helped him with that. and i think the way that he is doing things about the russia story, as sarah huckabee was saying, the press will not write about the good things that the administration is doing. that may be true, but every time that the president tweets out something about russia, calling it a fake news, the media instinctively decides that that is what he has elevated. that is the story of the day. so long as he keeps doing that, he will keep that story at the top of the news budget for

everybody in this business. >> jon: but he says he does not regret anything regarding the tweets. one does not get the sense that he is inclined to tone it down or dial it back. >> paul where is edith when we need her. she does -- he does not regret anything at the moment, but he is going to regret a lot. there's only so much credibility that a president has. and congress has to vote -- be coddled and sought after by him. they also need to be a little bit afraid of him. and if there is no price to be paid other than in salt -- and insulting tweets at 6:00 a.m., they are not going to do what he wants them to do. being ceo is not the same as being president. you need to buy ends, you need to have people come to your side. you are not doing this through the tweeting. it is not working anymore. he is really self inflicting his

wounds. >> jon: had no coequal branches of government in the trump organization. judy miller, daniel heninger, thank you both. speak to a deadly tornado slams one southern city, but the sheer force of the powerful twister itself as far as 100 miles away. now more storms are coming, we are alive in the tornado zone. plus the daily blast on the subway train in russia. vladimir putin explains how when he was visiting there. when investigators are learning about the bombing after finding a second explosive device at another subway station. the latest is next.

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 about an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. like all standardized medicare supplement insurance plans, it helps pick up some of what medicare doesn't pay. and could save you in out-of-pocket medical costs. to me, relationships matter. i've been with my doctor for 12 years. now i know i'll be able to stick with him. [ male announcer ] with these types of plans, you'll be able to visit any doctor or hospital

that accepts medicare patients. plus, there are no networks, and virtually no referrals needed. so don't wait. call now and request this free decision guide to help you better understand medicare... and which aarp medicare supplement plan might be best for you. there's a wide range to choose from. we love to travel - and there's so much more to see. so we found a plan that can travel with us. anywhere in the country. [ male announcer ] join the millions of people who have already enrolled in the only medicare supplement insurance plans endorsed by aarp, an organization serving the needs of people 50 and over for generations. remember, all medicare supplement insurance plans help cover what medicare doesn't pay. and could save you in out-of-pocket medical costs. call now to request your free decision guide. and learn more about the kinds of plans that will be here for you now - and down the road.

i have a lifetime of experience. so i know how important that is.

>> jon: a fox news alert, if judge neil gorsuch is to become the next member of the u.s. supreme court, it is going to take a major change in the rules of the united states senate to get him there. more than enough democrats who have announced opposition to his nomination that if mitch mcconnell, the senate majority leader wants to put them on the supreme court, he is going to have to invoke the nuclear option. that is the one that allows a simple majority vote of 51 to place a justice on the courts. he changed the rules of the senate in 2013. making it possible for lower court judges to be approved with 51 votes. up till now it has always required 60 to get a supreme court justice onto the court. we will keep you in count of the

court when it goes forward. >> jenna: deadly forms on the move, ravaging parts of louisiana, but one tornado touching down there. piping winds of more than 100 miles an hour. at the twister flipping over a mobile home killing a woman and her 3-year-old daughter. this is the sheer force of that tornado was reportedly felt as far as 100 miles away. live in louisiana with more. >> hey there, though storm has pushed forward, the damage is evident. this is a home that took that direct hit. the family was inside. one of the sons was able to get out and run to the grandmother's house. he was okay. inside sleeping for the mother and the 3-year-old daughter when this home was flipped upside down by the tornado. the father of this family was at the store when everything happened. as you might imagine, he is quite devastated along with his other family members. to take a listen to what they

had to say. >> she was a very lovely woman. she is the love of my life. my daughter. everything. i can't even talk about this. >> i saw the hail falling, but i never expected this to happen. >> that's happened while i was watching television. i just felt like i could have been here. if i had gotten here earlier. >> this is 1 of 10 reported tornadoes that hit in this region, the storm system swept across texas, arkansas, mississippi, and of course in louisiana over the past 24 hours police have asked residents who live in mobile homes to try to find a safer place. that's because they simply do not have the foundation to go through the sustained winds that you have with the ef1. the cinderblocks are the foundation of a home like this.

they simply cannot take that kind of beating from those types of phonetic winds. >> jenna: well, thank you very much. >> jon: a fox news alert, more on the deadly bomb blast in the russian subway. anti-terror reports have found another bomb in another subway station in the city. as security forces tightened across the nation, with me no more silverman from the formation of democracy, and deleting the work on russia in part of the sanctions and illicit finance. what strikes you first about the subway explosion? >> thank you, first a terrible attack. a rare attack in the city of ste last one happened in 2009. and what strikes me from what i am seeing in the reporting, first that the president vladimir putin was in town at the same time. but based on pictures circulating right now, i think

that the question investigators need to seriously look at their actions in syria if this is blowback to that by vladimir putin. at least 4000 russian nationals go and fight in syria, and they really h and see if their actions are coming home to roots. and if this is an indication of that. still on the bus litigation, but based on the reporting, i think we have to look at that. >> jon: there are still the chechen forces that have been fighting the russian government forever. of the 2009-2010 bombing was in relation to chechnya, yes? >> yes, that is definitely a another possible scenario. they have shown that they can strike across the country, most of the attacks that usually happened in moscow, but it does manage the motive of going after the transportation hub, buses, airports, bus stations,

et cetera. this is what they do. so it could definitely be one of those groups. but i think that it certainly is an investigation that is going to be close to watch. something that russians are going to have to be on high alert for across the country. >> jon: i would think it is safe to say that vladimir putin's government is not going to be timid in its response. >> no, you you have seen some of that blowback before where they are sometimes heavy-handed in their response. the black widow phenomenon. especially of the terrorist attacks that occurred in the 2000s. >> jon: it is early in the investigation. ten people have died in the st. petersburg subway train explosion. thank you very much for your expertise. >> jenna: well, this opens up the door for a lawsuit against the president. protesters are looking to blame mr. trump for the actions of his supporters. a closer look just ahead.

>> look at these people! get out of here! out! out! out! get out ! mom let me know she'd always be there for me. and she was.

it's really hard to even think about her not being around... that's why i'm so grateful she got screened... and they caught the blockage in time. if you're over 50... call life line screening now and schedule an appointment near you. it could be the best thing for you and your family. for just $149, you'll receive five screenings- including ones that use ultrasound technology to look inside your arteries... for plaque that builds up as you age- and increases your risk for stroke and heart disease. after all, 4 out of 5 people who have a stroke, their first symptom is a stroke. these painless screenings go beyond a normal annual checkup, and this package will save you over 50%. call today and start with a free health assessment to understand your best plan of action. i still need mom. i want her with me as long as possible.

life line screening. the power of prevention. call now to learn more.

>> jon: president trump's words while he was at candidates on the campaign trail might come back to haunt him. the federal judge green light a lawsuit from protesters that say they were assaulted at a campaign rally in louisville, kentucky, last march after the president told the crowd to get them out of here. to impact this, we are joined by a formal federal prosecutor and former head county prosecutor. we played the sound from the podium before the break. we may get back to doing this again. but i want to get your take on the judge's ruling. if a candidate is up there saying, get them out of here. get them out of here as mr. trump did on several occasions. several times in that particular

speech, and these people say that they got roughed up, is that his fault? >> in the end of the day, they are not going to win this case, because we have a commanding commander-in-chief, not a swarming in chief. he is not supposed to protect this because he tells people to leave. but at this juncture in stage, at this place where it is, what the judge was saying was giving all of the legitimate people to the plaintiff. to the people suing, giving them all of the factors that are true and alleged. they have made out a case enough to go to forward. because judges do not like to stop people from getting access to courts. but at the end of the day, though boyer is very clear that president trump knew that the speech encouraged violence but he knew that the speech would cause violence, and he knew that violence was likely from the speech. i don't think they approved that case. we cannot hold the president or any official who says get out

for being accountable of people who go over excessively and assault these people. those people who assaulted them should be prosecuted by way of the civil suit. no question about it. donald trump, absolutely not. donald trump will win the case. >> let me read one line from the case. it is possible that trump's direction to get them out of here advocated the use of force. it was an order, and instruction, a command. your take. >> no, it is not possible at al all. like they said, swami in chief, we will put that aside for a moment. but the law about fighting words, you cannot use words to incite violence, cannot be grounds, is not -- protection of first amendment speech. you cannot yell fire in a crowded movie house, but here is the standard. you have the attempt to cause violence, they have to have the likelihood that they will incite imminent violence. those are the tests.

there is no evidence in the record. this is a motion to dismiss. no evidence of intent, and nothing with the likelihood that it would incite violence, imminent violence. it would be one thing if he said grab them by the collar and throw them out. he just said get out. so those were naturally fighting words. and here is a judge, i don't want to run the judge down, he was a u.s. attorney at kentucky for a while, but he was appointed by president obama. i think that he wants to give the other side every consideration. it does not help. >> jon: is a possible data justice is not blind in this case? politics might enter in? >> you know me long enough to know that i call it as they see it. not as a democratic issue or a republican issue, this is a legal issue. i'm not going to say that the judge did anything wrong. given the summary of judgment long, i do not want to get too technical, but at this stage of the proceeding. not donald trump's case, but any case, judges are very reluctant

to throw them out until there is testimony, and actual evidence. >> but sometimes it's our job to throw them out. a rule 12 or summary standard. if it's all the facts, in the lives of force favorable to people who brought the lawsuit, if they cannot meet the standard, then the case has to get thrown out. >> i disagree with you. in their complaint today stated a lawful course of action. to the alleged facts where inferences could be drawn that there was knowledge or they should have known. it is very difficult for a judge to throw this out. i do not think it was a political decision. i think it was a legal one. >> jon: let me get our control room ready to replay the sound that we play before the segment started. maybe we can put it back up on screen in the meantime, that the judge as part of that ruling. let's play the sound from this actual event of then candidate trump. >> look at these people. pay to get out of here! out, out, out.

you walk away, you go bye-bye, and the new triple up the sanctions, right? >> jon: and i don't know, i am watching them get led out of the arena, these protesters. it does not look like there is anything particularly harmful happening to them. >> what happens to them, that's not the point. what did the president say, but when you hear the president say walk them out, bye-bye, that is consistent with his message. these people have to leave, they have to go. not that they have to be thrown out physically. in order for them to prevail. i can file a lawsuit for not going out with me, i want to go out with her, i really, really want to go out with her. the judge would say, guess what, you have no cause of action. >> jon: i do not disagree with you. one other thing. -- >> when they have a full and fair hearing, this is negligence, where people go into the locations, i'm just saying as a matter of calling public and common sense.

you are agitating. bullhorns, you are disrupting the organization. sometimes they were going to be responsible when you put yourself in harm's way in a very tense political environment. >> and that is true. but that is what is troubling about this. these people are paid to go and disrupt and create violence. instead of taking responsibility. they turn around and bring a lawsuit. >> jon: if the canada and tromp has had, they take these people gently by the hand and escort them out of the building, would that be okay? >> no, he does not have to do that. like fred had said, they have to have the intent to incite violence, it was reasonably likely that violence would incur, use your example, if they say politely, gently take them out and three random people out of 1000 aside that they are going to attack somebody. how can a person, you, me, anybody else, president trump, he is not the swami in chief. he does not know that people are going to attack others.

it is not his responsibility. >> jon: we will keep watching this case and let our viewers know how her pursuers. >> thank you for having me. >> jenna: it does have a ring to it. speaking of news, highest news in the court of the land. we will bring that out of the break.

♪ >> jon: fresh monday addition of "outnumbered" coming up. >> it is fresh all right, you get ready, my friend. voting to bring supreme court neil gorsuch before the full sent. chuck schumer says that they are going to filibuster. but senator mcconnell promises republicans will do whatever it takes. who comes out on this show down? >> and democrats cannot get over the election victory. the dnc suggesting that his win was illegitimate. it does he really believe this?

as a just a desperate attempt to try to derail mr. trump's agenda? >> let's get this monday started, our #oneluckyguy is with me. at the top of the hour. see you then. >> jon: all right, see you then. >> jenna: we are going to take you back to capitol hill. this is what is "happening now" now. debating president trump's nominee neil gorsuch. you have been watching this on and off with us for most of the morning. each member of the committee gets 10 minutes to speak. judge gorsuch is not in the room. he will not appear this week, it is our understanding that after the committee votes, then he will be voted on as a nominee to the supreme court. what has to happen is the judiciary committee has to vote to get them evoked to the scented. in the senate, according to regular rules he would need 60 votes to get it approved as the member of the supreme court. but as you just heard from harris and sandra, it is likely

that he does not have those votes. and to the majority leader mitch mcconnell told chris wallace on "fox news sunday" that he is going to get him, meaning gorsuch confirmed regardless of that. this leads us to what we have been talking about a lot over the last several months, the nuclear option. what is the nuclear option? >> jon: as bob bennett says that he will vote for gorsuch even though he is a democrat. at the nuclear option allows for a simple majority vote to confirm the judicial nominating. it has never been done in the senate before. mitch mcconnell says that he does not want to do it. harry reid change the rules of the senate to allow the nuclear option for lower level federal judges and federal appointees. it has never been used for a supreme court justice. it appears that it could happen this week. because there are enough democrats to announce their opposition to judge gorsuch, he will not get the 60 votes needed

for confirmation. we will continue to keep an eye on it and be right back.

>> jon: i just called my home state bob bennett, it is michael bennett. >> jenna: you cleared it up. we will see you back here in an hour, "outnumbered" starts now. >> we will begin with a fox news alert, the very neatest on what is happening now, the antiterrorism committee set up in russia to deal with the violence has spread across that city. a metro line station set ablaze today with at least one explosion. there were reports of people dead, at least ten people. here is what is new. authorities are saying that they have found a bomb at a second location. they have deactivated that. along the line in russia. and to the associated press is reporting that the russian news, security cameras may have caused a suspect in their view. they are looking at that tape right now to see who