i am watching over everybody, jerry. you're in good hands, ok. believe me, you can tell the people of new york. though i didn't win new york state -- i should have won new york state. >> i want to return to a conversation we just had on jobs, the workforce, the future, and so as we think about that, and we think about our skill sets and new york city alone, or public high school graduation rate is at 70%. the readiness of our students for college and careers is only 37%. as we look at the pace of change, we look at the digital transformation we'll see in the marketplace. we see what employers need and what our students come into our workforces are prepared to deliver. it will be great to see your

priorities on education and around not the future of work, but the work of the future. if you could give us those priorities. >> president trump: you're giving me numbers from new york, you are private new yorker, why is it doing so badly? tell me. why are the numbers so horrific in terms of education and what happens when somebody goes to a school and then they can't read after they graduate? what's the answer? >> first i would say as we look at new york, new york made an enormous progress in the last decade. >> president trump: see how quickly she is changing. >> we are not done, we have a lot of work to do.

we talked about public and private partnership models, which we have a beautiful apprenticeship model that works and brings them our next generation of leaders. i think there's a lot we can do through re-looking at funding programs. we talked earlier about consolidating the many programs that are out there. we're trying to make a huge impact. >> president trump: i know you work vade progress. charter schools are another thing that we need to look at. charter schools in new york have been amazing. people can get in. i don't call it an experiment anymore, it's far beyond an experiment. if you look at so many elements of education and it's so sad to see what's happening, even the numbers, you say you're doing better, the numbers in new york. the numbers in chicago are very rough. at the numbers in los angeles --

it's a very rough situation. common core, we have to bring education more local. we can be managing education from washington. when i go out to iowa, the different states and i talked to them, they want to run their school programs locally. they'll do a much better job -- these are some very good people in washington, but you also have bureaucrats that make a lot of money and don't really care that much about what they're doing or about the community that they have never seen and never meet. i like the fact -- common core, to me, we have to end it. we have to bring education local, to me. i've said it during the campaign and -- betsy devos, she is doing a terrific job, highly respected, tremendous track record. she's got one of the toughest jobs of any of our secretaries.

we're going to spend a lot of money -- will have great talent having to do with education because there's nothing more important than education. we have to get those numbers in new york better and i think they will be better. a lot of the greatest people i know in new york, including ivanka and jared, there's so much involved and it's so important to them. it's happening and i see it happening in newark very much, is happening elsewhere too. i think we'll have a great four years. >> i know you have a pressing issue to deal with. steve and mike, i wanted to thank you for attending today and making a final comment on behalf of -- >> thanks a lot for being here.

thanks for everybody for being here. it's been really interesting today. you've had everybody of importance at the event. i think it's terrific in terms of the stuff you're trying to do to modernize the government and educate and so forth, and i think we have to keep a focus on that. because the outside world doesn't always get the message that that's really what's going on. you're doing profound things. taking on enormous embedded issues. i think with the kind of effort that can be marshaled, you can do amazing things. that's on behalf of of us who share a partnership or trust

gets rotated from person to person every couple of years. we want to wish you luck with the chinese. that's an important thing, as we all know. i think there is a real opportunity to make progress with them. you should have a good time in florida, i hope the weather is good. >> president trump: it will be beautiful. i want to say we are destroying these horrible regulations that have been placed over your heads, not over just the last eight years, the last 20 or 25 years. dodd-frank is an example of what we're working on, will be coming out with some -- will be doing things for the banking industry is so that the banks can loan people to -- there was a bank in

nevada where to open up a pizza shop, he had -- at that time, he called me mr. trump because i hadn't won yet. he said "mr. trump, i can open up anything. i had a bank for 20 years, now they don't even take my phone call and i was always a very good customer, so i haven't been able to do what i do." the banks at so restricted and i always said and some people got insulted, it's not necessarily the man is making a lot of money running the bank. you look at the folks from government who are running the banks, the people that are really the head people, they are petrified of the regulators. they're petrified. they can't move. the regulators are running the bank. we're going to do a very major haircut on dodd-frank. we want stronger restrictions, we have strong regulation mama but not regulation that makes it impossible for banks to loan to people that are going to create

jobs. that's just one example. we are doing many cuts on regulations and we have a book on regulations and if you add them all up, it goes up to the ceiling three times over. it's one after another after another. it's just like that chart, i thought that chart was so descriptive. every industry is just like that chart. to build a simple roadway or highway, that's what you have to go through. we will do it 90-95% of that and still have the same protection. we want safety and we want environmental protection. i've won awards on environmental protection. i'm a big believer, believe it or not, but we want that kind of protection. we want clean air and want clean water. we shouldn't have to get the approvals from 16 different agencies for almost the same thing. we have a country with tremendous potential.

we have the greatest people on earth, but we have to use that potential and we have to let those people do their thing and with that, i just want to thank you all. i think you'll see a very much different environment than you been used to over the last 20-25 years. we're going to unleash the country and i'm willing to take the heat and that's okay. i've been taking heat my whole life, but in the end, i know it's the right thing to do. we are going to great a lot of jobs. we have 100 million people -- the real number is not 4.6%. they told me i had 4.6% last month, i'm doing great. i said yeah, but what about the hundred million people? a lot of those people came out and voted for me. i called him a forgotten man and forgotten woman. a lot of those people, a good percentage of them would like to have jobs. one of the statistics that to me is just ridiculous, the 4.6 sounds good, but when you look

for a job, you can't find it and you give up. you are now considered statistically employed. i don't consider those people employed. if you look at what's happened with ford and general motors and chrysler in so many other car companies, you see what they're doing in michigan and ohio, they were leaving. they were going to mexico and many other places. they are now staying here. you've seen me say this many times, the big auto companies at meetings, it's okay, enjoy your new plant. please send me a picture, i'm sure it's going to be lovely. when you make your car or you make your air conditioner and you think you're going to fire all of our workers and open up a new place in another country, and you're going to come through a very strong border, you've seen what's happened, 61% down now in terms of a legal people coming in, way down in terms of

drugs pouring into our country. general kelly has done a great job. when you think you're going to sell that car or air conditione conditioner, juergen to have a tax. the text may be 35%. you know what? every single major company that i've had that conversation with has it said, we've decided to stay in the united states. it's amazing. you would have thought they would say this for years, but no one has said and we've lost close to 70,000 factories over a relatively short period of time. you wouldn't believe it's possible to lose 70,000 factories. 70,000. you look at a map of the united states, how many factories can you list? we've lost almost 70,000 factories. i will tell you, that's not happening because now they're all staying here and they're all expanding here. ford announced last week, a

massive expansion of three of its plants. that was not going to happen. believe me, if i didn't win. good luck everybody, enjoy yourselves, you are my friends, your amazing people and i'm going to put you to work. thank you. [applause] >> president trump wrapping up a townhouse with a bunch of ceos, jobs the main focus of the white house today and he's going to be speaking in front of a big union event in a few hours from now. one thing i want to underscore, he talked about a bunch of different things. he talked about education and infrastructure, meeting with china when he said something at the end that i'm sure caught your attention which is if you're not actively looking for a job, you are not counted in unemployment. that's actually true. in order to be counted as unemployed, he had to be able to work and actively looking for work and if you're discouraged and not actively looking for work, you're actually not counted in the statistic. the white house really focusing on jobs, the economy, and moving

forward on that meeting today. in the meantime, there's a lot of other news to get to which we will cover. >> always a busy day at the white house and they are ready there for round two. they announced a new plan to repeal her place obamacare, but with a fight in washington be different this time? we have a panel on that just ahead.

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and a team of experienced traders ready to help you if you need it. ♪ ♪ it's like having the power of a trading floor, wherever you are. it's your trade. ♪ ♪ e*trade. ♪ ♪ start trading today at etrade.com >> jon: the u.s. senate on the brink of a showdown as the democrats get enough support to block the nomination of neil gorsuch's. with democrats mustering the numbers to filibuster, republicans are preparing to use this so-called nuclear option, that's a change in senate procedure that would lower the threshold to a simple majority. all this after the white house gets ready for mike rome to --

chief white house correspondent, john roberts, he's keeping an eye on all of this at the white house. >> he almost said chief justice. lifetime appointment wouldn't be bad, there is no question about that. there is a battle of unprecedented action that's brewing on the senate floor. democrats are taking the unprecedented action of taking a filibuster to prevent a nominee. senator chuck schumer has got 41 committed nose on judge neil gorsuch's nomination, that's enough to prevent a successful debate, unless mitch mcconnell can pull a rabbit out of his hat. he's going to have to use the option to confirm neil gorsuch.

>> the president said several weeks ago that this was something he would support. we are comfortable in the sense that this is up to leader mcconnell for how he would want the senate to deal with this. >> the white house is also making a pretty hard push to get through a bill that would repeal and replace obamacare. i'm told reince priebus hosted members of the "tuesday group" on the patio of his office yesterday. he has a very nice patio, then went to the hill with vice president pence. one idea being kicked around is to remove their provisions for so-called guaranteed issue and community rating out of the american health care act and handing option, covering people with pre-existing conditions to the state. rand paul said this morning he's

optimistic that a bill could actually rise from the ashes. >> it's trying to get to the point that something that all sides feel like, the obamacare repeal will be good for the american public. it will bring down insurance prices, it will let more people get insurance at a cheaper pric price. we haven't quite gotten there, but we're getting closer. >> one potential stumbling block if they remove those provisions for guaranteed issuing community rating, they could get that through the house, but when it gets to the senate, it might run through the "bird role" of the senate might have to put that back in and i fixed the whole thing in the conference many. i'm not sure members of the freedom house caucus would agree to that because they want some guarantees that those regulations will actually come out of that bill. >> jon: thank you for keeping it straight. >> jenna: more on the repeal

or place of obamacare in a moment. we're learning more about the suspect on the russian attack, authorities now identifying him saying he may have links to islamic terror groups. more on that investigation next now i have nicoderm cq. the nicoderm cq patch with unique extended release technology helps prevent your urge to smoke all day. it's the best thing that ever happened to me. every great why needs a great how. 4 out of 5 people who have a stroke, their first symptom... is a stroke. 80 percent of all strokes and heart disease? preventable. and 149 dollars is all it takes to get screened and help take control of your health. we're life line screening...

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that's over 6 times faster than slow internet from the phone company. say hello to internet speeds up to 250 mbps. and add phone and tv for only $34.90 more a month. call today. comcast business. built for business. will speak to welcome back everyone. with the white house revising the push to repeal or place obamacare, senator rand paul who opposed the bill, says it is possible for lawmakers to come together and get it done. >> i think they are still opting to try and get the plan in. it may work it, but i told them if it doesn't get through, thinking about it in a different way. instead of thinking about her that we would repeal everything, why don't we just acknowledge, let's repeal 90% of it and let

some of it remain, even though we don't want that to happen. >> jenna: let's bring in a veteran of six presidential campaigns that served in the clinton administration and scott jennings, a former assistant to president bush. it's great to have you both, great resumes. we figured you'd had to be 150 years old. you're not, which is great. let's have a conversation about this. you're on the other side, the democrat side, what do you think republicans about resetting? does a like could happen? >> the republicans do need to keep some of their promises they've made to the american people. the question here is what also they going to take away from working families? right now, insurance companies have to spend as much money on your health care even if your

family suffers a catastrophe. that might go away. right now, if you have a pre-existing condition, you're allowed to get health insurance, health insurance can't say no, that might go away. plus you'll take away nearly 20 million working americans health insurance, so they have a long way to go to get people not only with a promise, but something that makes a little bit of sense. >> jenna: is it all going away for this new proposal might look like? >> no, i don't think it's going away. i think there's been wild exaggerations going around. it can be lower deductibles and can we ease the burden on the budget? a lot of states out there are nearly bankrupt over this medicaid expansion. they might give states the flexibility that would meet those core campaign promises, lower premiums, lower

deductibles, and ease the burden that are straining under this medicaid expansion. one question we have to ask ourselves is what can we afford and are we doing this the right way? clearly under obamacare, we can't afford it and we're not doing it the right way. >> jenna: hold on one second. republicans have been fairly negative on obamacare, but now, senator rand paul is saying we might actually keep it. what do you think? when he says we keep 10% of it, we give the rest of it away. is that acceptable to you? >> first of all, rand paul is my senator. as is constituent, i appreciate what he's trying to do here. he's trying to bring people together who are far apart. they want something different, he's trying to bring people

together which i appreciate because it helps to bring the campaign promise. it will be political damage. the reality is this, the republicans only have to keep a couple of promises. they have to lower premiums and we have to get deductibles down. for some people, and trends on the obamacare is like having no coverage at all because they deductibles are so high. >> jenna: do you think democrats would like to participate in a solution to bring down costs for americans? >> yes, but we haven't seen an ounce of outreach from president trump or the republicans. president trump promised that no american would lose health care coverage. already, the republican appointed congressional budget officer said that 24 million

americans who have health care will lose it. that's not poor people, that people who go to work and get up every day and do the right thin thing. donald trump promised no one would lose health care, but the white house is taking it away. it's going to cost more money and it's going to hurt -- anyone who is a christian who says our responsibility is not to hurt the least among us cannot support this legislation, cannot support the health care bill. >> jenna: is not even written yet, according to paul ryan. the ideas are there. we look forward to having you back. quite wrinkly, we don't have enough details. we look forward to the details and perhaps something in the next several weeks. thank you both. must be president signed a law cutting internet privacy rules.

a lot of critics are outraged. our next guest says you should be far more concerned about things like facebook and google then your internet service provider.

>> jon: investigators now confirming the identity of the homicide bomber and yesterday's deadly attack on a subway in st. authorities say he's a 22-year-old russian citizen, born in the former soviet

republic republic. that is under investigation if he had connections to islamic groups. the former homeland security advisor for new york state is with me now. i know that all of it as homeland security advisor, you've dealt a lot with investigative industries and russia, correct? >> one thing we've always looked at is that if something happens over there, we tried to work, to the federal government over there specifically the fbi, to understand what is going on over there. the new york city police department among others have developed the capabilities for immediate information that comes back after an attack like this. what's crucial is what are the similarities to attacks that happened before, what does it mean for the united states, and in this case, going back to the target that they've gone back so many times, which is a system of transportation using a suicide attack using an explosive.

these are things that are obviously raising lots and lots of concerns for any part of the world that has a subway system. >> jon: it's believed that something like 7,000 russian fighters have gone to syria and actually taken up arms there and gone back to one of the russian republics. this guy might be one of them, we don't know that. what does that lesson hold for the united states? >> what's interesting about that is at the profile that's coming out is here is an individual from turkestan, that country has seen five other countries of their residence go over to fight isis. in addition to which, the boston marathon bombers also came from that part of the world so you wonder if there's some synergy there. the big question is did this individual have helped, was this an isis sponsored event? we don't necessarily understand at this time if the motivation

was to attack this as a result of the protests of what's going on in chechnya. let me put was in a city earlier on that day, was a just a part of the campaign that isis has waged against russia? >> jon: it's a long way from the united states obviously and there are a lot of americans -- that is a tragic thing and we pray for those who were wounded or killed, but vladimir putin or whomever may have brought this kind of thing on himself. what do you say to americans about the dangers that this kind of attack represents? >> we live in a world that is a truly global society. what happens overseas, it would be almost a security malpractice to not take a look at could this inspire somebody else here in the united states? this is not terribly sophisticated and attack. it was in a fire extinguisher, nevertheless, it was designed to

go off basically around the same time. the question is, yes, it could happen here. as recently as a new york city, the chelsea bombing. that's a type of tradecraft this individual demonstrated. could he be inspiring so many else, always a concern in the united states. >> jon: the boston marathon bombing still fresh in our minds. michael, thank you. >> jenna: president trump signing into law a controversial bill rolling back internet privacy protection. the rules would require internet service providers to ask for permission to share your personal information like financial and health data as well as your rub browser histor history. not necessarily a lead story that our viewers may see, it certainly got my attention. how would you explain this to

our viewers? >> what originally was going to happen was at the fcc was going to require that if you're an internet service provider, someone that provides broadband access for your tablets or desktop computer, you browse on there, you do certain things on there, they collect data on you before they can take that data and sell it to advertisers, to other people, they would have had to get your permission. the fact is they don't have to do that and one of the reasons is out the internet service providers like comcast and verizon and at&t are saying, this is not a fair fight. facebook and google don't have to do that, but you're requiring us to do it. >> jenna: that's interesting. my phone, at&t, not an advertisement, just saying. now at&t doesn't have to ask my permission, i can search for everything on my phone. they would be able to share that information whereas if i'm googling something on my laptop here, google doesn't have to ask permission, they can share. >> right. you always want to look at the

privacy policies, but google would have been able to sell that same data that at&t would have been precluded from selling, even though you're doing it over a device. >> jenna: who's actually clutching our data and selling it? >> it would be easier to say who is not collecting our data. just about everybody. this data is the currency of the 21st century. netflix, amazon, you look at all of these service providers, facebook, google, any social network, there are collecting data on you because they're trying to predict what you're going to buy, will you buy from us? you have lost a lot of privacy of from the internet because they're trying to figure out how to monetize it. >> jenna: i thought this was important for us to cover because we are talking about so much about government surveillance. incidental collection. it's enough to make anyone pay attention and worry. then i wonder about the collection that's happening that we are not even realizing.

nothing to do with the government, has to do with private companies. what are your thoughts on that in general and what do you think about the average consumer to protect ourselves? >> right now, the cia are a little bit jealous of the amount of information that google and facebook and amazon are collecting. it's far-reaching, it's more expensive because they are not an agent of the government. they don't have -- there is no amendment protection from google or facebook whereas there is from our government. we will continue to see that data collected. the government should always be restricted. as we are finding out in these disclosures, , on redacting of americans names, privacy is a very big thing. speaking of privacy, a lot of people, what i think -- even though we are not implementing, law enforcement could be affected by this because as people become more aware of a

virtual networks, think of a tunnel it's encrypted that you can't see anything. that will prevent the tracking of your browsing and seeing what it is, you're downloading to a certain extent and things like that. you, as a consumer, can use a thing like a vpn and make sure your connections are secure. you can minimize the amount of traffic being collected by your isp. >> jenna: you contact someone and it might be encrypted. >> absolutely. if i want to go onto amazon, it still has to be delivered to certain places, but if i'm out researching things are doing things, facebook, because you have accounts, if i want to send data, i could use a virtual private network. if not, it would protect a vast majority of your privacy. >> jenna: i would like to talk to a little bit more about that. we are out of time for now.

thank you very much. >> jon: you do a lot more research than chopping, right? >> jenna: of course i do. there's a little bit of crossover. >> jon: you have to stay on your game. >> jenna: amazon, ordering diapers. >> jon: and a high court in massachusetts, set to consider a case that could change immigration enforcement in this country and issues those ice detainers. they keep people in custody even after their legal cases have come to an end. the question, is a constitutional? plus a tweet now being considered a deadly weapon and a groundbreaking case after it sent a reporter into an epileptic seizure. the man who allegedly sent that tweet, now facing charges. is the indictment appropriate? coming up, our legal panel weighs in ! ( ♪ )

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>> jon: the highest court in massachusetts taking on a case i could determine the legality of federal ice detainers and how much local authorities must cooperate with that. the u.s. emigrations and custom in enforcement agencies often asks local law enforcement to hold someone in custody even after legal proceeding has ende ended. i.c.e threatens safety. local police want clarification. is it constitutional to hold someone solely at the request of of federal government? let's talk about it with our legal panel today. criminal defense attorney's are joining us. for instance, if somebody has escaped their criminal case and whatever way, maybe they completed their sentence, maybe they posted bail, maybe their

charges have been dismissed. >> jenna: five, is a federal agency, has the authority to issue one of these detainers and say please hold a guy in jail fs while we take a look at his immigration status and figure out whether or not it is appropriate to deport him. richard, is there a problem with them doing that? >> there is a big problem. if we are a nation of laws, we have to follow the law. the law is if your case is dismissed, if you're out on bail, you're free to go. the federal government can request, and that's why just a request and not an actual order to hold somebody, because the federal government knows that a person is free to go by law and they have no probable cause to hold a person and that's why it's simply a request. yes, there is a big constitutional issue here. >> jon: we're talking about two days here. what's the harm in holding somebody for 2 days who may not be here legally? >> none of us want to spend two

days in jail, once you're free to go, you're free to go. two days with no reason at all for being held. ice has no reason that you're violating the law. ask what two days in jail is to a person who deserves freedom. it's a very long time. >> jon: eric, i think i know you come down on this issue. it's about whether they can hold someone legally. >> not only is a very unconstitutional, but it comes down to money. local governments and local law enforcement simply don't have money to keep their own gels together. they don't have money to feed and house in the federal government is asking them, do our job for us, hold this person and you are jail, feed them, clothe them, take care of them at our request and even because of that request, they simply cannot afford it.

what richard just said, it's very important for the federal government to not do that. >> jon: we want to turn our attention to a fascinating case out of texas. a man accused of sending a struggling twitter message to a journalist who is affected with epilepsy. that man now faces cyber stalking charges. allegedly, john rebello sent a message and in that tweet there is a blinking image that sent to the writer into a seizure. that message, that tweet, is now being considered in federal court, a deadly weapon. apparently it was sent on the same night that fox's tucker carlson had a heated argument. it was about the reporters unsubstantiated claims against president trump. >> you can give me an example of what you're talking about. >> i'll give you a perfect example. you wrote this on september 12th

of this year. this is a tweet. "i tweet so many -- the next day you say ironically, "i believe trump was institutionalized a mental hospital for a nervous breakdown in 1990, which is why he won't release his medical records." do you see the irony that one day you're criticizing the press were being lazy and inaccurate and then you are being inaccurate. >> jon: later that night, he went to his home office, saw a tweet, he opened it up and there was a flashing tweet message that sent him into an epileptic seizure. eric, assault with a deadly weapon? that's what he's charged with. is not appropriate? >> it is very appropriate. when you try to harm someone with the intent of doing something to them, then that is assault. in this particular case, they were aware this writer had

epilepsy. he's written about it, he's talked about it, and the tweet before this writer, it said we're going to send you into an epileptic seizure. that's what happened and that's against the law. >> jon: let me read from the u.s. code that is quoted in the criminal complaint. it says "u.s. code provides imprisonment for not more than ten years if serious bodily injury to the results if the offender uses a dangerous weapon in the offense. "richard, twitter is a dangerous weapon now? >> not necessarily twitter, but the deliveries through twitter. it's much like a bullet is a projectile. the gun is not dangerous and let somebody fires it at you. twitter is not dangerous unless someone puts something there can't hurt you. as to these crimes are intent

crimes. did you mean to harm the person? wasn't your intent to harm the person? where you reckless? did you know it would lead ultimately to someone being seriously injured? >> jon: richard and erica, we'll keep an eye on the case and will be right back you always pay

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one syrian group says many of the victims are choking or fainting. doctors say the symptoms do indicate a gas attack. there are many children who are caught up in this attack. 11 of the dead said to be under eight years old. doctors are saying they are struggling to treat all those victims. at some of the injured are now being taken across the border to turkey. because of limited resources in syria. we don't yet know what kind of chemical was used. clearly, it was devastating for those affected. this attack happened -- the u.n. sang the attack did come from the air. the u.n. has accused the syrian government in the past of carrying out toxics gas attacks. the government in syria have repeatedly denied these

allegations and again, the syrian government hasn't commented yet on this particular attack. the u.n. says a specialist watchdog organization will be watching this particular attack. >> jenna: we are getting an idea of what our current administration will be saying about this. just hearing from sean spicer and an off-camera briefing saying that today's chemical attack in syria against innocent people is reprehensible, and can't be ignored by the civilized world and saying the consequence of the past administration -- will wait to see what else comes from this current administration. thank you. >> jon: new next hour of "happening now," we are waiting president trump's speech of an annual conference in washington. we'll be following the news out of that speech, expected one hour from now, 1:00 p.m. eastern

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>> jon: as we mentioned before the break, we expect to hear from the president and in our. he'll be speaking to a trade union's group and that should be interesting. we'll see you back here then. >> jenna: "outnumbered" starts right now. >> sandra: fox's alert, president trump will address the surveillance. i'm sandra smith. here today, harris faulkner, meghan mccain, commentator and fox news contributor, be 29 and there he is, today's #oneluckyguy, howard kurtz. it's good to have you today. >> harris: what a perfect day for your area of expertise. we hit rate