quick programming note. set your dvr you never miss an episode and we'll see you tomorrow night. we're heading to the middle east. we're heading to israel with a special report you don't want to martha maccallum starts right now. >> our ten day countdown to the end of the first 100 begins with americans asking, what is the real scorecard for this presidency it look like as they mark three months in the white house? i martha maccallum from washington tonight, it is day 90 of the first 100. on this white house is an ambitious agenda, jobs, repealing and replacing obamacare, a tax code overhaul, better care for veterans, toughening up foreign policy and of course immigration, the president's supporters want to know, is the resistance movement against this administration working or not? what of the president's promises, his visions for shattering business as usual in this town? >> president trump: i will announce my intention to totally

renegotiate nafta. we will also immediately repeal the obama-clinton defense sequester. we will cancel all federal funding of sanctuary cities. replacing obamacare is part of my 100 day contract with the american voters. a republican house and senate can swiftly enact the other items in my contract immediately, including massive tax reduction and we will make america great again! thank you, and god bless you. thank you. thank you, everybody! >> martha: just ten days to go now to the benchmark that is always looked on as one marker of every presidency. i sat down with the white house press secretary sean spicer at the executive office building on the white house grounds just a

short while ago. >> martha: sean spicer, thanks for joining us. good to have you with us. this afternoon's there was some word that obamacare repeal might be revived inside the hundred day mark. >> sean: it's always a potential, i know that our team has continued to work with members of the house in particular to see if there's a way forward and fortunately for us, incorporated appetite to really get this done continues to grow, the enthusiasm is there. a lot of the policy ideas that have come out of the last couple weeks are encouraging. >> martha: the report that came up were specifically set repeal, not replace. >> sean: i don't want to get ahead of anything at this point, but i think there's a commitment that all republicans have shared in the last several years to get this done. i think we understand how bad this is for our economy, for our health care. if there's an effort to make sure that we do things that will increase access and lower cost, which is not the case. the team is continuing to work with house leadership, rank and file members, but the committee over there led by greg walton

and others has really done a lot of work to hear new ideas and get this thing moving. >> martha: the president has said he was committed to repeal and replace, is it possible he's willing to divide those now? >> sean: with those who see where we go. the president obviously committed to making sure we have a health care system in place that covers people, that gives them the accessibility that they've been promised and helps. >> martha: in terms of something you talked about a lot on the campaign trail, the forgotten man, the forgotten woman, these are people like all of us in this country who want to see jobs increase. in many cases, the people who supported the president want to see tax cuts. they want to see if the ability to choose their doctor, they want to see their health premiums go down. at some of them feel like that progress has not been made in the first 100 days and they are questioning did they vote for the right person? >> sean: i think there's unquestionably, unbelievably

historical amount of progress. 24 bills have been signed, 24 executive orders, everything from energy dependence to immigration, job creation, going after and defeating isis, all of those areas have been tackled. doing in terms of those things, tax cuts and obamacare, something very specific, can you give the american people tonight some clarity on when they will see those things actually happen? >> sean: obviously sought 1st out of the gate was a commitment to repeal and replace obamacare. he hasn't stopped. we will get this thing done one way or another. >> martha: that was a big disappointment. >> sean: obamacare took, 13 months, 17 or so starts, we are at the start. we are committed to this. he's made it clear to his team to continue to work with members of the house to get this through and we are making progress. >> martha: he must be frustrated with congress. it's got the house, the senate, he's got a new supreme court justice and the white house, the feeling i think that american people had coming in and clearly

those who supported him had coming in was this can happen really quickly. what's going on with congress? >> sean: some things have taken a little bit longer. 24 laws in the book including 13 congressional review. prior to this president there had only been one in history. he's rolling back regulations that were jammed through in many cases by the obama administration by the end. doing things today to protect veterans, to give them access to health care. >> martha: does or things he can do it unilaterally. when he said i get will get to the hill we will make great deals. wait till you see the deals i make with congress. is he frustrated? >> sean: on some issues he is, but on some issues he's made tremendous progress. when you look at whether it's his efforts to combat isis or reestablish america's place around the globe, he has made huge progress. when you talk about immigration, huge progress, regulatory, huge progress. obviously getting health care

repealed and replaced it something that we will continue to work on very, very hard. he's committed to getting that done. there are so many things that he's made a tremendous amount of progress on and delivered on prime campaign promises he made to the american people. >> martha: in terms of around the globe, there have been a number of questions about flip flops in terms of the way the president looks at the globe. going to an issue that came up today, this question of the armada that was headed towards north korea, which turned out to be headed somewhere else. the president has talked about his team being a finely tuned machine. at that particular incident made it apparent not so. >> sean: in that case, the leader of pacific command announced that it was headed to the korean peninsula. it engaged in a series of exercises that have been scheduled prior to heading ther there. it's well on its way and it will be on station within a number of days. >> martha: was the president surprised to find out that what was the message coming out?

>> sean: i think it was a little bit some confusion as to when it would go, but the order was given by the specific command commander that they would be heading there. they were heading there, i think some folks misread the immediacy of that order, but in fact they were heading there, they were undergoing scheduled exercises. immediately following those, proceeded on toward the peninsula. >> martha: in terms of iran, the president railed against the iran deal over and over throughout the course of the campaign and now there's an indication that the deal is not going to be whipped up. what's going on with that? >> sean: with the president has done is ask the interagency team, all of the relevant national security moments to review the deal, one to determine whether or not iran is living up to the commitments. secondly to determine if they have or have not -- what courses of action they have recommended. they are currently engaged in that process and when the team

makes those recommendations, he will make an announcement on how we will go forward. part of it is looking at iran's commitment that they made under that agreement. >> sean: 's stomach >> martha: during the campaign he suggested that he knew that there were not living up to the deals. does the white house now believe that there's a chance that iran is living up to the tenants of the deal? >> sean: they look at from every angle the agreement and the commitment that iran has made, and whether or not they are in fact refilling them and if not, what recommendations do they have about how to address them or what to do with the deal. >> martha: when you look at the first 100 days, which we have been covering in depth on this program, what would you say is the biggest accomplishment, what is the biggest disappointment for you? >> sean: i think, for so many people it depends on what whate number one issue was. the supreme court justice -- to see the nominated in the

environment so quickly and flawlessly is obviously a huge accomplishment. that will have a generational impact. today we signed an act of legislation that will help so many veterans get the medical care. for thousands of veterans across the country, they have earned the right to get these benefits, that's probably a huge thing for them. for so many folks who cared about immigration, seeing that number get down, for people who are concerned about jobs, car companies and various different major employers who talk about recommitting themselves to hiring people, that's a huge thing for them and their families or neighbor who just got a job or announced that he's going to get hired. there are so many things that have happened that i think will touch the lives of so many americans, never mind the steps the president is taking to keep the nation safe. >> martha: in terms of the palace intrigue that gets written about so much, it seems to have quieted down a little

bit over the last week or so, in terms of stephen bannon having sort of a more background role, how is that working out? >> sean: i've always believed that there's probably a little too much focus on process instead of policy. there's a lot of it that is overblown. the team here is largely the same team that helped work with the president to get him elected. the same team that brings so many of these -- that is so filled with talent that helps guide the president on these discussions. i think sometimes i will read a story or get an inquiry or i will kind of chuckle about how out of contest and overblown some of these discussions and narratives and rumors are. >> martha: in terms of the overall thrust of the administration, there are some who are concerned, who voted for president trump, that more moderate and more liberal voices are having more sway in the west wing than they did before. can you tell the american people, and especially those who voted for president trump, that

he is committed to conservative reform, smaller government, and that those things that they elected him for are still top of mind, still top priority for the white house? >> sean: absolutely. there's two important factors. number one, look at the record that he has achieved over these first 90 days. it's very clear that he is committed to conservative principles and agenda that he outlined in the campaign. second of all, at the end of the day, this is always about donald trump, he has a variety of advisors that give him ideas, advice, opinions, expertise on a number of things, but he knows first and foremost, most of these ideas are ones that he's been championing for decades. while he has a phenomenal team around him that is unbelievably talented, at the end of this, it's always he's the ultimate decider, it's his agenda that everybody else is here to implement, not the other way around. >> martha: in terms of you personally, the 100 days, you've taken some knocks on "snl" and other places. what have you learned and how do

you think -- the next days, i will look for improvement in this area, or i want to do this differently? any thoughts, reflective thoughts? >> sean: sure. i believe that any successful organization is constantly looking at how they are operating in figuring out can they do a better job. >> martha: so you like the job? >> sean: i love it. >> martha: john, thank you very much. good to see you. >> sean: good to see you. >> martha: still had tonight, he drew markets departed, but it may not be exactly what it appears to be, we will talk about that, and what was judge gorusch do when he's on the supreme court to make he's about to get his first base case and it gets to the heart of religious liberty. it will he be the tiebreaker or not? plus, a special election in georgia leaves the trump team smiling today and democrats hunting for a win out there. >> we have a lot of wind at our back that the progressive energy out there is

>> martha: follow-up from last night's special election in georgia has left some on the left scrambling a bit with one political headline reading this. democrats begin to wonder when do we win gimmick democrats john

allsop did not get the 50% he needed in order to avoid a runoff and this morning dnc chair tom perez was forced to find some port of silver lining in this. >> another moral victory, just like in kansas, and moral victories are important, but looking at the map, where do you actually win between now and the midterms that will give us an indication that this is actually going somewhere, that this is translating into electoral victory? >> a runoff on 20th, there are still votes out there that are moderate, they will see this karen handel, she's far to the right. she's way off the mainstream. i'm confident that the answer to your question is june 20th of this year. >> martha: as democrats struggled to find that new message that will work for them, the democrats official twitter offered this today. taking away health care from 24 million people is going low, giving a blank about people is going hi. this was in response to the

g.o.p. twitter questioning the sale of the shirt. take a look at that lovely shirt that i know you will want to sport around town with a similar message. here with me now david bossi. molly lisi is the executive director. both are fox news contributors. are those t-shirts selling like hot cakes at georgetown? >> i think people will buy them, if not for the novelty, then something else. >> martha: what you make of the notion that democrats have that resistance movement and they feel like there's a ton of resistance out there and yet they are not winning these elections? >> there have been two right? and both times the democrats have way over performed the district the history of the district. in kansas, the democrat lost, but he got about 20 points better than your typical democrat in that district. the candidate in georgia, jon ossoff outperformed the polls, he outperformed tom price, who

had held that seat and was winning by double digits for the past several terms. he ended up doubling, 20 points better. this is beginning to show a trend, winning matters in politics. jon ossoff is not done. this was just up one. there was now an election, we will see how he does. >> he is done. >> there's something happening out there were democrats in these tough districts are way over performing, the challenge for the democratic party is going to be to continue to take that energy and harness it into an election year, an election year that is typically tougher democrats. we don't do well in midterms. >> martha: david. >> look, i appreciate his enthusiasm, but that's all it's going to be. that's all it is. in kansas, they lost. in georgia yesterday, they lost. they built this enormous structure, they spent tens of millions of dollars and they lost. >> jon ossoff doesn't even liven

the district that he is running in. he's going to have a lot of trouble here in the next couple of months trying to beat karen handel come up with a tremendous candidate and will win this thing. look, donald trump only one like this district by 1.5 points. this is not some big while the district that they think they will be able to win. they're not going to win in south carolina and a couple of weeks as well. you guys are going to come close, but losing is still losing. >> i don't disagree with you. democrats have to start putting points on the board, absolutely. >> martha: here's the interesting question to me, democrats have to be about something more than being against president trump, so the question is, have they learned any lessons from the last election, did they learn anything from losing wisconsin and michigan and ohio, are they now trying to connect to these people or -- the t-shirt, which i don't really think it rings true with the blue-collar

workers that want their health care fixed and want to have jobs, is tom perez connecting with the people that you guys need to flip? >> that t-shirt is it great for the democratic base. if that going to win over these folks in the middle? this is my point, it's good for the base, is a good enough to win over these voters, with the democratic party has lost over the past couple cycles. i will say is not. >> martha: keith ellison was just speaking at the university of minnesota and he's had barack obama could have been a better party leader and he has put our party in jeopardy. this is what we're talking about, the exclusionary mentality. that's a very strong statement for the number two at the dnc. >> i actually agree with the premise of your question here. it's kind of like obamacare, repeal and replace. democrats right now i have a lot of energy around repealing donald trump. they have to show what they're going to offer in return. we did not do that in 2016 and this is the time for the democratic party to get out there and make the case.

>> the republican party is in a good spot right now. the democrats are trying their hardest, they're spending a lot of money and energy and they are losing. the president has an agenda, his 100 days, he's doing an amazing job, about day 85 or 86. next week when congress comes back into session, we will have i think the movement on obamacare repeal and replace and i hope that that will end up happening. we will get right to -- >> martha: it has to. if you will gain any momentum, it has to happen. >> i expect that the house leadership in the white house will come together and pass that next week. i think that puts the president's agenda right back. >> martha: repeal and replace, i try to talk to sean spicer about that, the story today is that they will repeal. we will have to see what the house leadership does, but i think it's going to be in repeal and replace. >> mo: that will be very dangerous for the republican party. i think both parties are in a tough spot right now. i don't think you can say the

republican party is. i don't think the democratic party is in the best spot. >> david: you guys can't find anything to be angry for a trip to be angry at donald trump. >> martha: thank you very much. president trump today welcomed the new england patriots. did you know that they won the super bowl? did you guys know that? they had a great day at the white house, they were there with the president, but he also took the time today to ease the burden of our veterans. florida governor rick scott was at his side and he is here next. plus, emma kratz rallying behind an illegal immigrant, a dreamer, deported under president trump, but there is more to the story. we will give you the reporting that you may not have seen elsewhere on this. katie and isaac join us coming up next. >> president trump: it is a very difficult subject for me. one of the most difficult subjects. these incredible kids, in many cases, not in all

>> martha: developing tonight, a 23-year-old immigrant who was deported to mexico earlier this year has now filed a lawsuit against the trump administratio administration. juan manuel is a so-called dreamer, believed to be the first known person under the program by president obama to be deported by the trump

administration. meanwhile, the department of homeland security says there's more to the story that many are not telling you. for that part of the story we go to trace gallagher live. >> two sides to every story, but in this case it appears homeland security has documentation to back up, 23-year-old juan manuel montes claims that on february 18th he was getting a bite to eat with a friend on the u.s. side of the border when he was approached by a border patrol agent. he says he didn't have his i.d., could not prove his status was still valid until 2018. he was detained and deported. initially dhs said that his status expired in 2016 but then the agency admitted to being wrong saying his protections were good until 2018. critics said this was proof that president trump was not sincere about leaving the dreamers alone. illinois senator dick durbin called the story disturbing. nancy pelosi called it alarming.

but now dhs says he was deported because he was caught climbing a fence, trying to sneak back into the u.s. and after he was arrested he signed documents under oath admitting that he went to mexico and try to come back into california. law says leaving the u.s. without permission terminates all daca protections. dhs also accuses him of fabricating his original story saying there are no records or evidence to support his claim that he was detained or taken to the port of entry on february 18th, prior to his arrest the united states border patrol on february 19th. attorneys say they do not believe he left the u.s. voluntarily. they believe the border patrol is withholding documents and now they have filed for freedom of information lawsuit to get answers.

for now, one montes is staying with family in mexico. >> martha: thanks. joining is now, katie, news editor of townhall.com and fox contributor. isaac wright, a democratic strategist, thank you both for being here. there's always layers to the stories. isaac, as he listened to what happened here, if you climbed over the fence and you are not allowed to climb over the fence and get back into the country that he broke the rules of daca. >> isaac: it sounds like there's a pretty significant discrepancy about exactly how he wound up on the other side of the border. he and his attorneys alleged that he was taken there in the middle of the night at 1:00 a.m. by federal agents. if that's the case, why is it not being turned over, why are we having to go to court to see with the realities? b2 i find the timing on this story very interesting. this happened in february, two months for advocates and activists on the pro illegal

immigration side to get this lawsuit ready. daca is a privilege, not a right. there are certain rules, including if you will leave the country you must inform border patrol that you're leaving, that they know it you eventually come back into the country that you have legal status under that ruling. i think there are still a lot of unanswered questions here, the dhs i, the side of this young man, but when you look at the details we have, it seems to be a miscommunication at the local level, it certainly does not reflect the trump administration policy when it comes to protecting dreamers. that still stands. when it comes to the details of this, it seems like the story from this young man has changed and the fact is he left the country. >> martha: federal agents dumped him back over the fence to get rid of him? is there any credence to that story? >> isaac: that's what we need to explore, that's the question at hand. let's be 100% clear that we are talking about montes and exactly what his situation is. this is a young man who was

brought to this country at nine years old with no input. he has been the predominant provider of his family, his mother and daughter was born here and is a u.s. citizen. >> katie: they will be processed. >> isaac: a brain injury when he was a child. >> katie: this man is no longer a child. he is an adult and he made a decision as one protected under daca to leave the country without informing authorities that he was going there and then on his way back and according to the department of homeland security, he didn't walk through a border patrol checkpoint and say hey i left my wallet in my friend's car, he instead was caught jumping the fence, which is illegal for anybody to do. provides for his family, maybe you should've thought of that before leaving the country and coming back into the country illegally, which he admitted under notes to mike oath to border patrol. they have the documentation to prove it. >> martha: he will have the opportunity to tell a story they will have the opportunity to decide whether or not he's telling the truth and to take

those into consideration. i don't know what more anyone can ask, anyone in this program or anyone else in this country than to have their say, their moment, to tell their story and to see what the process decides. >> isaac: does exactly the thing, we are making conclusions tonight. >> martha: are not conclusions, i'm going based off of what we know. we know that he came back into the country and was arrested jumping the fence that is between the united states border in mexico. if we know that the rules under daca, and he would know this too because they're very detailed when they hand the status out that if you're going to leave the country and come back, you must tell authorities that they know you are protected. the larger issue -- there is a different game in town. now the rules are the rules. >> martha: it used to be that the rules were over the roles if you had a good and the story. if you have a good argument, and you could make your story, then there's an exception. now it's very clear of, is a very different structure in place and you have to abide by the rules. >> isaac: it let's see what

happens here. that's all anybody has asked, his attorney has filed, they are going to court to see what happens. this young man says he was picked up pipe border agents on bicycles and he didn't have his wallet on them. they took them to a detention center near the border at 1:00 in the morning, they ejected him from the country. if that's true, than he deserves a legal explanation for what happened. >> martha: we will follow this, we will see what happens. thank you very much. still had to make him a landmark case will be in front of the supreme court and it deals with religious freedom in the country. a lawyer representing the church in this case is going to lead t out for us to with his exclusive insight and take a look at how justice gorsuch will deal with this case. governor rick scott was alongside president trump earlier today. he's here to tell us exactly how this effort to expand care for veterans is very different from what we have seen in the past.

>> i know president trump has been focused on our veterans and our military before he was president and i know he's going to continue to do a great chat. to continue to do a great chat. we have 1.5 million

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get a 4 week trial, plus $100 in extras including postage and a digital scale. go to stamps.com/tv and never go to the post office again. >> martha: scandal still swirling around our va hospitals, one just a few miles from here and close to the white house. president trump move today towards fulfilling a major promise on his agenda towards the veterans, signing a bill which passed the house and senate unanimously to improve care for a brief service members. men and women who make it home but too often find too little support once they get here. watch. >> the veterans have poured out their sweat and blood and tears for this country for so long and it's time that they are recognized and it's time that we now take care of them and take care of them properly. if this bill it will extend and improve the veterans choice

programs so that more veterans can see the doctor of their choice. you got it? the doctor of their choice. >> martha: join amino florida governor rick scott was by the president sighed today as he signed that bill and who is a veteran himself and very involved in health care and veterans issues. good to see you tonight governor. >> rick: great to be there today. my dad did all the combat chums, had an opportunity to serve in the navy. it's a great honor to have a president who cares about our veterans. a good day. >> martha: tell me about what change for veterans today. >> rick: you will have the opportunity to go to -- make sure -- if you want to go to veterans hospital, you can go there. if you need to go to another provider, you can go there. it's the right thing for our veterans, they should be able to choose, there should be certainty of care. while we go through the process of figuring how to fix the va system, it's got to be fixed. president obama's government wouldn't let my agency going and review the problems they're

having for dying, the waitlist, the poor care. they told me no, we don't need any help. they clearly needed help. they went that's one of the biggest issues in terms of firing people and changing the system and we reported last week on a hospital which i mentioned in the intro, not far from here, it has deplorable conditions. >> rick: have to be able to hold people accountable. >> martha: i just wonder how that still happening. >> rick: in any business you have to hold people accountable. you want to find the best people i'd want to constantly find better people to take care of people. >> martha: the former d.a. said he couldn't fire anybody. is the new head going to be able to do that? shulkin. >> rick: long-term, he's got to be able to do that. i ran the largest hospital company in the country. he thought to be able to find better and better and better people and change. change with the times. i'm hoping secretary shulkin can do it. i'm optimistic that he can do i it. >> martha: 's they have to be able to fire people if they're not doing a good job.

talk to me a little bit about health care, because as you say, you ran one of the biggest health care companies in the world and i think a lot of people across the country are frustrated with the pace of the change in health care. the president says he was going to address it in the first hundred days and we saw what happened in congress. >> rick: absolutely. it's important to me, i grew up in a family that didn't have access to health care often. i watch my mom cry when my brother couldn't get help for significant disease. we have to figure out how to reduce the cost of self-care. we can't wait for the grand bargain. let's do what people agree with now. the mandate, the taxes, letting them be sold across state lines. let's start the process. we have to get rid of obamacare and we can't say we are not going to get this done. when you have a problem, in business you say i can't get it done so i will close my doors. work hard to fix it every day and chip away every day. >> martha: are you optimistic because there was a word today that they make it through repeal, the repeal part of this by next week. the 100 days is the end of next week. >> rick: if they've got to

repeal and they got to replace. they have to make this better by reducing the cost. u.s. a consumer can pay for it, your employer can pay for it and all of us as taxpayers can pay for it. >> martha: start dismantling, start doing what you can. >> rick: you got it. get it done now and go to the next thing. i've cut taxes 55 times in my state, i didn't do it my first day in office. i chipped away every year. i've cut $6.5 million in taxes. >> martha: you've done a lot of things in your life, thank you very much. good to have you here today. you do expect to see politics at play at the white house, but not necessarily when it comes to a sports team visiting. that's what happened to some extent today when the new england patriots came to town. her friend jim gray is here on what some of the players decided to do. next, it is called the biggest religious freedom case of the supreme court session and adjust it so happens to be one of the newly minted opiates first as a member of the court. one of the lawyers was arguing that case, looking at beautiful

shot outside the supreme court. he's here when we come back. >> we are hoping the supreme court will do the right ♪ ♪ ♪ i'm dr. kelsey mcneely and some day you might be calling me an energy farmer. ♪ energy lives here.

>> martha: the potentially landmark case at the supreme court right now bringing the issue of religious freedom front and center. speculation abounds as to how the justices may fall on this. the newest high court justice neil gore such hearing is most important cates, case when he took a seat on the court. trinity lutheran church in missouri, which was denied state funds to improve the surface of its playgrounds because of its religious affiliations. turnout is the lawyer who argued that in front of the supreme court. on behalf of the church, david portman of the alliance defendant freedom. give us the basic argument. >> just comes down to can the government treat people of faith as second-class citizens, and that's what's going on. they applied for the neutral benefit and date are better than everyone else and the state finds out that just because this preschool is run by a religious organization, a church, they disqualify them from receiving the benefits. >> martha: i would imagine kids from all different faiths play on this playground.

>> david: that's exactly right. most of the kids who attend the preschool are not even from the shirts, church, plus they open it up to all the community kids. >> martha: in terms of how this -- how it was received in the supreme court, you've argued cases in front of the supreme court before, so how does this court feel different today with gorsuch involved? >> david: it's a different personality, justice scalia in such a vibrant personality, great sense of humor and takes over sometimes. that is sorely missed. justice gorsuch is very engaged. we sat and watched him, he asked great questions, a good sense of humor, it seems like he is right at home even though he's not on the bench. >> martha: conservatives obviously believe that he won't make decisions in favor of protecting religious liberties. did you get any feedback from him or feeling from him as to how he perceives this case? >> david: we did in the region was -- he didn't ask me any questions, which is usually a good side, but he asked several

tough questions of the state. where you draw the line, if you say you will not fund organizations for neutral, where you draw that line? police and fire protection, safety issues at the playground. all kids deserve a safe playground whether they do send a secular school or a religious school. where did they draw the line, and the state really didn't have a good answer to him? >> martha: the governor in missouri made a decision where he said that religious groups and schools can receive tax player grants for certain projects including playgrounds, so doesn't that set a precedent that that money can be used for, including a religious area, ands not make this argument not needed? >> david: it was a political move, and while we certainly appreciate it, the problem is the state constitution in missouri prohibits this. there's already talk of challenging the governor's new policy, which will put the old policy back in place that requires this discrimination. while we understand it was a political move, it won't last very long, it will be challenged and probably struck down by the missouri supreme court and

that's why we need a decision from the united states supreme court to state this type of discrimination against people of faith is not permissible. >> martha: you said it didn't feel in their as though the questions that they were asking necessarily divided them along party lines as people see the competition of the court right now. >> david: right. people are predicting at the close vote, 5-4. we didn't see it that way. the questions went across ideological lines and even several what would be considered the more liberal, had a problem with the state's argument that you could discriminate against people of faith because of their religious status, because of who they are. and that certainly runs afoul. >> martha: so you are going to win, it sounds like? >> david: we hope so. >> martha: mr. cortman, thank you very much. good to see you. coming up next, president trump doing one of his favorite activities, hanging out with winters today at the white hous white house. the super bowl here, the new england patriots hit the white house today and while they were there some of them actually didn't show up, but they try to

help out a little bit. we will explain what try to happen when sports analyst jim gray joins us coming up next. >> martha: whether you are trying to win a super bowl or rebuild our country, as coach belichick would say, there are no days

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>> we will see what pans out in the negotiation but i think there's an opportunity -- can i just -- -- >> need some help? >> i think i got this, but thank you. thank you i will see you in a minute. hold on one second. [laughter] >> that was cool. >> martha: that was pretty cool. finally tonight, president trump welcoming the super bowl champs new england patriots to the white house and as you saw, tight end brock and koski

offered to chip in with sean spicer. sean spicer, a huge patriots fan, so he was pretty happy about that there was the scene on the south lawn, but we know that some of the players decided to skip the ceremony, some of them even made a public video about why they were skipping the ceremony making a political point. jim gray joins me now, sports analyst and fox news contributor. good to see you as always. some of the players were not there, some of them made a big show of talking about why they weren't there. we also should mention that tom brady was not there today as well. your thoughts on all that? >> jim: at some of them wanted to make a political statement american others in the past, even with president obama when the '85 bears went there, dan didn't go, three of the miami dolphins were honored and they didn't go for the undefeated team under president obama. political statements have become within the realm in the past few years and the guys that didn't go today, long and hightower and allen branch didn't want to go,

tom brady said he wanted to be with his family, his mother has been suffering from cancer so he decided not to go and he thanked the president for having everybody as they have a long-term relationship. his reasoning seemed to be valid to me. >> martha: you look at that moment and you look at that political decision -- i don't know how you feel about it, but it seems to me that no matter who the president is, everybody ought to take that opportunity to come to the white house, which is a special opportunity and shake the president's hand, regardless of how they feel about him politically. what do you think? >> jim: of the fans don't want sports and politics. going to the white house is an honor for the achievement that they have earned for their excellence. and to have all of this now thrown into it, the fans don't like it and obviously all of us at one point or another, athletes, citizens, famous people, they don't agree with the policies of everything that ever president does, but in terms of something like this, it's an honor to go there. i believe that that honor should

be upheld and if you don't want to go, that's her right and we've seen political statements in the past, nobody's forcing them to go, but i think it's something that you look back on today one of the players, malcolm mitchell said that he never, ever thought growing up in georgia that he would be mentioned by the president of the united states and just couldn't believe his ears when he heard it. that's what it's all about. >> martha: for a quick thought on aaron hernandez before i let you go? >> jim: it's tragic. the lives that he destroyed, the victims in this case and it now -- it is just so confounded, i don't think we will ever have our arms around us, but i don't feel sorry for entering atomic aaron hernandez, he's caused a lot of pain and destruction for a lot of people. but it is a sad and shocking ending to a life, because he had a chance to lift himself out of this and even with a $40 million contract and catching a pass in the super bowl, he couldn't figure out to get out of it. even a tragic day in many ways,

many levels as you point out. thank you very much. it was a special day for the players that made that trip today to the white house and it was fun to see them there. we had an opportunity to watch some of that. ♪ ♪ >> tucker: good evening and welcome to tucker carlson tonight, the question is can democrats win anything these days? jonathan also off got a tremendous amount of free publicity, a lot of hype from the press for his campaign to win in the house seat in a six the district of georgia a place he doesn't actually live. he received more than $8 million, and much of celebrities showed up to help him, the national press anointed him repeatedly a rising star and yet a verdict from the district actual voters, no thanks. if he received at 48% of the vote about what hillary clinton got in november and he was defeated by the combined support