here for "outnumbered over time" on web, find us at facebook.com/outnumberedfnc. i will see you at 2:00 p.m., "happening now" starts right now. >> heather: we begin with a fox news alert from the fox news global headquarters in new york city. a brand-new poll on president trump's job performance, nearly seven months into his presidency. >> jon: 41% approval, 49% disapprove but the presidents compliment since ovulation day. we are covering all the news happening now. >> i want a very big infrastructure bill. >> jon: president trump a sec to talk about fixing america's crumbling roads and bridges today. will he get bipartisan support for one of his big campaign promises? >> racism is evil and those who cause violence in his name are

criminals and thugs. >> jon: the president still faces backlash from critics over his response to the violence in charlottesville. now, california is suing the justice department in a showdown over sanctuary cities. it's all happening now. we are awaiting to hear from president trump this afternoon as he signs an executive order on infrastructure projects, one area where there actually could be bipartisan agreement. it doesn't happen very often. welcome to the second hour of "happening now," i am jon scott. >> heather: i'm heather childers. it comes as the president is still getting criticism for his response of the violence in charlottesville. president trump directly condemning hate groups in a statement from washington yesterday after facing backlash from both parties over the weekend, but today he is shifting that focus to that big

campaign issue which he spoke about last thursday. >> i want a very big infrastructure bill where we are working on that very hard already and we can do that and we may even get bipartisan on infrastructure but we want to have it. >> heather: kevin corke aside from washington with more. >> the president as you know campaigned on a platform of jobs, jobs, and jobs and that is obviously one of the key principles behind this idea of a major makeover of the nation's infrastructure, something the president will talk about once again today. for perspective, i want to share some numbers just to show you the funding gap between where we are today and where we might be by 2025, this graphic is actually numbers we gleaned from the american society of civil engineers and i think the numbers are quite telling as they showed not just where we are today but where we are going. there is a huge gap right now

for infrastructure, a trillion dollars if you can believe it, over $100 billion, the gap is huge for electricity grid, airport construction, dams and of course rail. the president has recently talked about the need for improving our air force and our bridges, waterways and certainly our roads to say nothing of the time it takes to go from paper to pavement. >> we are already taking action to dramatically reduce the time it takes to get permits and approvals. if you want to build a highway in the united states, who currently have to obtain approvals, generally speaking on average, 16 and usually ten federal agencies are involved. it's a process that can take well over ten years to get the approvals. >> the long and short of it is listen, we have to streamline this process, you heard the president say previously, we think we can get that process down to a just a couple of years, that would be huge.

even as the president tries to recast the spotlight on his agenda, there continues to be pockets of criticism for his handling of the deadly events that took place in charlottesville over the weekend despite once again and more forcefully denouncing white supremacist yesterday. the president taking to twitter to express a bit of frustration, he said made additional remarks on charlottesville and realized once again that the fakes news media will never be satisfied, truly bad people. never one lacking an opinion. to say nothing of that, the president we suspect will once again be talking about infrastructure, those remarks coming up sometime in the 3:00 hour, we will have that as we get it. back to you. >> heather: thank you, kevin. >> racism is evil and to those who cause violence in its name are criminals and thugs. including the kkk, neo-nazis, white supremacist, and other

hate groups that are repugnant to everything we hold dear as americans. >> jon: the president is still facing criticism over his comments on charlottesville from all sides, really, of the political spectrum. our next guest recently wrote a piece entitled "why won't trump denounce white supremacist?" and he specifically questions by the president is not as critical of that group as he is of the media. joining us now, stephen hayes, a fox news contributor. your piece i believe came out before the president issued that very strong denunciation from the white house yesterday, does that satisfy you? >> i think it's good that he did it, i which he had done it a couple of days earlier. i think the president missed a big opportunity to make clear that these groups are repugnant as he said yesterday and to do so in a clear and unqualified way, there was a report out this morning that said that the

president has prepared remarks including such a denunciation on saturday and of the president ad lib. it and chose not to articulate that. i wish he had, i think it would've been better for everybody. we can't have enough people denouncing that kind of hate when it rears its head and certainly when it leaves the kind of violence we saw over the weekend. >> jon: this is not a liberal or conservative arguments, this is about human decency. >> it ought not to be. the white supremacist that held this event called to unite the right and i don't think they have any part of the right wing or the conservative movement. they certainly want to call themselves the ultra-right, they are trying to rebrand to make their hate more acceptable to people across the political spectrum. i think they won't succeed but in order for them to fail, it is going to be important that people call them out, like elected officials like tom cotton did. he said that these are contemptible little men and called out white supremacists by

the group, by their identification. marco rubio did the same, i think a lot of particularly young republican and conservative elected officials jumped forward to make those kind of condemnations and denunciations that the president didn't make. >> jon: i want to brie for viewers the last line of your piece, you wrote "president trump build his reputation with tough talk and harsh condemnations of people who earn his disapproval but he refused to offer those things on saturday is no accident." you think he intentionally stayed away from condemnation? >> i do. i think the reporting that's out this morning makes that abundantly clear. the president had these words of denunciation in his prepared remarks and chose not to offer them and i think that is really what is disappointing. we have seen this before, it was the case back in march of 2016 when the president was offered three times an interview with cnn's jake tapper the opportunity to truly and

unequivocally denounce these groups, he chose not to on three different questions and then later when he finally gave a grudging disavowal said he hadn't heard his earpiece had not been functioning. he use the language of the questions in his answers so it was a little bit hard to believe. >> jon: it's not like the president thinks there is a huge groundswell of support for these groups like he's not going to win reelection if he alienates the outright, does he? >> i don't think so. certainly there is not pulling that would support that kind of a conclusion but "the new york times" reported this morning that steve bannon is telling the president, don't denounce these groups, you better walk very carefully around these issues, around these groups because you don't want to alienate people who are part of your base. i would hope the president would say what ronald reagan said in 1984, which was that there is no room for these groups in this kind of hate in the republican party and the conservative movement, in the united states.

ronald reagan made that comment clearly and unambiguously, bob dole told those groups that might be watching the convention that year, we don't want your kind in the republican party, in the conservative movement. it's time, i would say overdue time for that kind of unambiguous condemnation from our leaders. >> jon: as you pointed out in your piece, this is a president who makes a very plain if he doesn't like you or your ideas. >> he's been very clear about that, he called "the new york times" evil in february, he's gone after peopl people, making very clear that he is not happy with us and he doesn't like with us and disagrees with us. and he didn't do that in this case and i think that's one of the reasons it's caught so many people unawares and disappointed people because the president who makes very clear as he did with ken fraser who had quit his

manufacturing advisory council, condemned him within 54 minutes of him quitting but took two days to condemn the white supremacist groups. >> jon: stephen hayes, a fox news contributor and also with the weekly standard. thank you. >> heather: new developments in the russia investigation to tell you about with a word that the obama administration was warned three years ago about moscow's growing ability to interfere with our election process but did very little about it. catherine herridge is live for us in washington, it will be interesting if we hear a lot about the story. >> a congressional source independent lee confirmed to fox news that after russia's annexation and effort to influence the ukraine presidential election two months later, there was deep concern towards developing tools to disrupt democratic elections. these warnings according to the republican chairman of the house

intelligence committee were dismissed by the obama administration because it was apparently eager to reset its relationship with moscow. you will probably or member this march 2009 photo op where then secretary of state clinton presented her russian counterpart with a makeshift reset button to highlight the effort. traveling overseas and reached by phone today, nunez stood by this recent public statement. >> we've known russia is a very sophisticated bad actor in the cyber realm, many members of congress have been warning the obama administration about russia's continued cyber attacks on this country and they did nothing. >> political reports the warnings began as early as 2014 but it is not clear from our reporting yet how widely the intelligence was shared and whether it was actually discussed at a policy level. >> heather: what is the response? >> we've been trying to reach former national security council spokesman net a price but we haven't had an immediate comment

from him. it's worth noting that last month at the security forum, the former cia director pushed back hard on any notion that they had failed to act. >> people have criticized us and the obama administration for not coming out more forcefully, president obama beat his chest and said the russians are trying to get mr. trump elected, i don't think that would have went over well in many arrows because he is the head of the democratic party. >> congressional committees are working to understand who the russians might have been trying to work with inside the united states and he emphasized that what the russians did in 2016 was unprecedented and there was no playbook for how to handle it. >> heather: he wasn't the head of the democratic party, he was the president of the united states for all people. thank you. >> jon: voting underway now in the alabama republican senate primary and an endorsement from president trump for one of these men has another dimension to this hotly contested race.

karl rove, who knows a thing or two about politics joins us with his thoughts. plus, a legal face-off over sanctuary cities as one state sues the trump administration over its policies. our legal panel takes up the case. >> we have a president who is bent on trying to vilify immigrants and punish cities that prioritize real, effective public safety over splitting up hardworking families. by falsely same claiming that sanctuary cities are havens for criminals. so let the geico insurance agency help you with homeowners insurance and protect yourself from things like fire, theft, or in this case, water damage. cannonball! now if i had to guess, i'd say somewhere upstairs there's a broken pipe. let the geico insurance agency help you with homeowners insurance. call today to see how much you could save.

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>> i hate to make predictions and elections, i predict the president trumps endorsement will be incredibly important because people want his agenda passed, i want his agenda passed and i couldn't be more honored that he has given me his endorsement in full support. >> heather: alabama senator luther strange speaking

about his endorsement from president trump. president trump tweeting early this morning this, saying "big day and alabama, vote for luther strange, he will be great. former state supreme court judge and congressman mo brooks also in the running. let's talk about big luther, that is what he's called locall locally, he is 6'9", these big endorsements are what he is counting on, do you think that will make a difference, president trumps endorsement of him? >> we will see in a very few short hours, the polls over the last couple of weeks have shown the former chief justice in first place in front of number two and three, congressman mo

brooks and luther strange, they have been duking it out for the second slot, those polls generally show the race between brooks and strange to be close. he got the nickname big luther when he played basketball in college, he was a dominant figure then. >> heather: i know the latest poll has them at 32 and 28% respectively and mo brooks coming in at 17%. in terms of mitch mcconnell throwing his endorsement behind strange as well, versus president trump, there is a little discrepancy when you talk to the support here in alabama we are talking about. do you think the support of mitch mcconnell will work against range? >> and some elements, yes. but i think most republicans it's a cluster a question of tf

the men involved. he formed a top-flight anticorruption unit that took on and prosecuted the republican speaker of the house, played a key role in forcing governor bentley, who is under a cloud of scandal out of office. he's one of the leaders in the efforts of attorney generals around the country to challenge the obama administration, i think those things are going to matter more than who the republican senate leader is. you can expect the republican senate leader in the republican president to support the republican senator appointed to the seat held by jeff sent them accessions, what was surprising was how strong president trumps endorsement was of senator strange, he could easily have sat on the sidelines and said because he was appointed a nonelected and he would sat on the sidelines.

>> heather: the republicans are leased the republican leadership scene are almost as obstructionist when it comes to president trump's agenda moving forward, no doubt other folks are up for reelection will be watching to see what happens. >> that is an interesting view, the guy leading the fight for president trump's repeal and replacement of obamacare was mitch mcconnell who got within one vote of getting it done and that vote was john mccain as you know on the floor of the senate, he is fighting for hard for that. he has been the guy sitting in meetings with speaker ryan, mcconnell, and the chairman of the house, chairman of the senate finance committee for months working on a tax cut and tax reform measure to pass through congress. president trump's agenda is in the hands of two people on capitol hill more than anybody else, speaker ryan and leader mcconnell and leader mcconnell showed him a very tough health care battle with

only 52-48 in the senate, he came within one vote of getting it done and i think we may yet see it get done because if mitch mcconnell is one thing, it is relentless. >> heather: quickly, your response to the president and the controversy involving his statements involving charlottesville. >> what he said on monday night i wish he had said on saturday night. on saturday he had one good praise that he opened with about how this was an example of violence and racism and hatred but then he immediately set on both sides. this was not both sides. we had bad actors on the counter protesters but this was a group of protesters who are white supremacist, neo-nazis and kkk members who went through the streets of charlottesville with flags chanting anti-jewish, antiblack comments, this was not a moment for moral equivalence on. benghazi he did come back. he came back with that stronger statement, maybe we can move on

from there. thank you very much, appreciate it. >> jon: north korean leader kim jong-un says he will wait and see what the u.s. does next as he delays a plan to missile launch towards guam. our next guest of the u.s. should still be wary. aw. sorry. we've got other plans. your recurring, unpredictable abdominal pain and diarrhea... ...may be irritable bowel syndrome with diarrhea, or ibs-d. you've tried over-the-counter treatments and lifestyle changes, but ibs-d can be really frustrating. talk to your doctor about viberzi,... ...a different way to treat ibs-d. viberzi is a prescription medication you take every day that helps proactively manage... ...both abdominal pain and diarrhea at the same time. so you stay ahead of your symptoms. viberzi can cause new or worsening abdominal pain. do not take viberzi if you have no gallbladder, have pancreas or severe liver problems, problems with alcohol abuse, long-lasting or severe constipation, or a bowel or gallbladder blockage. pancreatitis may occur and can lead to hospitalization and death.

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>> we are going to -- it would be a horrible thing for war to be here in the peninsula, that is why we are so focused on coming up with a peaceful way ahead. nobody is looking for war but our job is to make sure that our leadership both the korean and u.s. leadership have viable military options in the event that that fails.

we are directly in support of those diplomatic and economic measures. >> jon: that is the chairman of the joint chiefs of staff saying nobody wants a war with north korea but his boss says it would be "game on" if kim jong-un launched a missile towards any part of the united states. now the korean leader is rethinking his threats about launching a missile towards gua guam. senior research scholar at the columbia university weatherhead east asian institute, a former north korea analyst of the cia and managing director for bauer group asia. there seems to be a consensus at least in the media that kim jong-un is backing away from his threats, do you get that same sense? >> he may have toned it down a little bit but let's put things in perspective, he was never going to attack guam or any part of u.s. territory. as barbaric and murderous as he is, he is a lot of things but he

is all about survival and he knows if you were to attack the united states, he's reached the end of the regime and the end of his life. >> jon: he heard that from our defense secretary, who had this reaction when he was asked what would happen if north korea were to fire a missile at the u.s. >> if they fire at the united states, it could escalate into war very quickly, that is called war. if they do that, it is game on. >> jon: that is the kind of warning he understands. >> i would be careful from this to draw the conclusion that he is ready to come back to the negotiating table to get rid of his nuclear weapons. important dates are coming up, on august 21st is the first day of u.s.-south korea. i think it is a test, not shooting at us but some sort of test could be possible.

>> jon: are there dangers in this atmosphere that even a test is somehow misconstrued by the united states or by some of our allies and a shooting war could erupt over what north korea thinks is a test? >> that depends how the trump administration is going to respond to a missile test, this is the kind of calculation or thing that kim jong-un has to think about. there is a restive completely backed down, domestically he needs to show that he has a strong leader and he is not backing down because we are making some threats as well. >> jon: he needs to look tough for the military officers that we see surrounding him. >> military officers and domestically, to his people. >> jon: at the same time, he does seem to be up against a president who is taking a much tougher line than the previous administration. >> that is true, no president has gone as far as mr. trump in terms of rhetoric.

again, he is spent on perfecting his nuclear arsenal, we have to watch and see how it goes. >> jon: in your analysis, is the tough talk from this administration helpful? is it accomplishing the goal of getting north korea to back down? >> i think kim jong-un has to think twice about acting out where he was much more confident in the past. there is always room for miscalculation, we just have to be a little bit careful in watching. >> jon: thank you. >> heather: from north korea to iran, the president of around making a bold new threat as well, what is he warning about to the u.s. and what his country's nuclear program has to do with that, we are live at the state department. plus, new poll numbers showing a big drop in the president's approval ratings. why our next guest says this could be a big problem or down ballot republicans next year.

>> the reality is, if these numbers don't change, the republican party could be in for a real beating next year. of course there is plenty of time for the white house to try to find a way to turn this around, plenty of time to make big changes but they already have made substantial changes in the west wing. hi.

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the u.s. issues more sanctions, is country could restart its nuclear program in just a matter of hours. >> if they are willing to repeat previous experiences, iran will certainly within a short period, on a scale of hours and days, returned to a much more intense position than when the talk started. >> jon: this comes as we await reaction from the state department in a briefing less than 30 minutes from now. >> the iranian president hassan rouhani is warning the trump administration and the united states against imposing any more sanctions against iranians. he says that would violate the nuclear agreement signed in 2015 and if the u.s. and ask any more sanctions, iran is going to walk away from the deal and restore a nuclear program much more dangerous than the one it suspended two years ago. the trump administration has

expanded sanctions against iranians and congress has recently opposed additional sanctions, penalizing iran for its missile programs, human rights violations and supporting extremists across the middle east. the u.s. is the additional sanctions fall outside the scope of the nuclear agreement, just as iran says dismissal program is unrelated to the nuclear deal. the trump administration says iran's destabilizing behavior violates the spirit of the agreement. rex tillerson has twice certified, iran is compliant with the major components of the deal that continues to suspend nuclear sanctions against iran. the state department said the administration is reviewing the entire u.s. policy towards iran and in the meantime the president must decide every 90 days whether to certify that iran is complying with the bulk of that deal and continue to weigh sanctions. skeptics point out the problem for the united states here is if there were iranians received tens of billions of dollars in unfrozen assets at the beginning

of the nuclear deal a couple of years ago, also restarting sanctions and coordinating additional sanctions on iran of the united states and around walk away from the deal could be difficult coordinating with other nations. it's a tough decision the administration is facing right now and they have another decision upcoming in october. >> jon: some very complex issues on the front burner, thank you. ♪ >> heather: a new poll showing president trump's approval rating dropping to its lowest level ever as he continues to face criticism for his response to the charlottesville violence. the latest survey finding that just 34% of americans approve of the president's performance while 61% disapprove. there is a brand-new university poll that gives the president a slightly higher approval rating at 41%. let's bring in former director of strategic communications for hillary clinton and the former chief of staff to senator mike lee and the president of the

sutherlin institute, thank you for joining us. i'm going to start with you, we talk about these polls again and for a lot of folks, they remember back to the election and poll has become almost a dirty word, what do you make of this poll? doesn't matter to you? >> i think polling is such an interesting space right now, with the technology and the millennials coming up, and many of the special election so far this year, the polling hasn't been that accurate. i think the bigger thing to keep in mind is that this present doesn't view polls the way most politicians do, most politicians look at polls as political capital that he meant they can expand and take some risk or go to a small ball kinds of things. president trump doesn't function that way. he's going to take action on what he thinks it should be the next thing regardless of what the polls say. i think it's important to keep in mind that he is not looking at it like a typical politician would. >> heather: what do you think,

he is 200 days in, if you look at his predecessor, former president barack obama he had 38% i think during a three-day period back in 2011 and in 2014. >> first of all, i agree with boyd that polling -- the methodology of polling is not the same as it used to be, people are using cell phones, people are not using their home phones, it's changed a little bit. at the end of the day, this is what we have to go by and president trump has the lowest approval number of any president in modern day times at this point in his presidency, 200 days in. a lot of times that reason is self-inflicted wounds, he's got a full republican-controlled house and senate, the majority of the governors and state legislatures in this country are republicans and he's managed to get himself in this place in part because he is not focusing on the agenda he promised for the american people, including a lot of those with working-class

voters in middle america and that is where you are seeing a lot of slippage in his base, with that sector of people who are disappointed that he is not actually getting anything done for them. >> heather: the lowest at this point into his presidency, but not the lowest overall because several other presidents had lower than 34% at some point in their presidency. let's talk a little bit about may be a positive pole, a rasmussen poll on trump's approval rating if we can take a look before and after when he suggested military action against north korea, you can see that rose from 39%-45% to president trump. i think right now they have about 42%. it seems that when you pull people and talk about the tough talk against north korea, he did a little bit better. >> the american people want someone who is going to stand up and fight for the country, it's why many of those forgotten americans voted for donald trump in the first place, if you look at the polling of the 400 plus

counties that voted barack obama, barack obama and then donald trump, they were doing it because they felt neglected and like they were being left behind. they want a president that is going to stand up and speak out and stand up and fight rather than being passive in pursuing those kinds of policies. i think the interesting pivot point is going to be -- i agree the focus is the problem in the white house right now. they've got to get a communications director in there so they can get out in front of some of these things. i think they have yet to recognize that most administrations fail not because they don't have the right strategy or the right talent but because their weaknesses become the driving force in their behavior. that is where you see these poles swing up and down, if you don't have an agenda, if you aren't focused first you will never be able to enact any kind of agenda that is going to last. >> heather: you need people to work with you and not against you, take a look at this poll involving congress. people were asked if they

approved or disapproved of the job that congress is doing and only 18% have responded they approve compared to 69% who do not in that pole. they are worse off. >> congress has had consistently low approval ratings for good reason, washington has been broken for a while and continues to be broken. it certainly doesn't help that donald trump has not gone and tried to bring republicans and democrats together in the house and senate to pass a health care bill, it didn't help that mitch mcconnell in closed doors try to renegotiate and repeal obamacare as opposed to having open hearings so that the american people could truly understand what members of congress were voting for. again, my hope is that folks will come back from august recess, come to the table and really try to get something done in a bipartisan manner because we have a lot of issues out there that need to be taken care of. >> heather: tax reform,

infrastructure, which we expect the president to speak on today. thank you very much for joining us. >> jon: the justice department's sanctuary city policy facing a new legal challenge is one state filed a new lawsuit over that policy, claims attorney general jeff sessions is usurping powers that belong to congress. >> we continue our dialogue and discussion and if we continue to ensure that money that goes for law enforcement only go to cities who are participating in an effective cooperative way you always pay

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last month requires local governments to cooperate with federal immigration authorities in order to receive federal law enforcement grants. let's bring in our legal panel. thanks both of you for being here. does the state of california have legal ground to stand on here? >> potentially they do. here in the state of california, i think the primary legal argument as you indicated, the federal government is usurping congress' authority in terms of federal funding authorization and appropriating federal funding. i think another primary argument the state of california is relying upon is that this is the backdoor attempt in trying to enforce immigration by using local state authorities and local law enforcement to do tha that. the state of california is essentially saying this is not our job, our job is to protect the citizens of the state of california, not to implement

immigration enforcement and i think the primary argument is going to be a highly contested issue in the state of california for the department of justice. >> jon: as you well know, the federal government often uses money to try to strong-arm the states, there was that flap a few years back when the federal government said to all of the states, raise your drinking age to 21 or we are going to withhold federal highway money. >> you are exactly right in the two specific arguments that california and the city of san francisco are making here do not hold away, sanctuary cities and states are not protected in this instance because it doesn't protect when congress is merely requesting information. for the anti-coercion doctrine, this does not hold weight either because courts have construed that doctrine in this arena to mean 20% of the budget, meaning only when congress is threatening up to 20% of an entity's budget is it coercion. let me give you some specifics. the city of san francisco's

annual budget is $9.3 billion. they are facing in question only $1 million, $74 million of their annual budget goes to the city attorney's office alone. the state of california has an annual budget of $183 billion. they just designated $50 million to defend illegal immigrants facing deportation. there is no way the money and question is in coercion at all. 80% of taxpayer support the notion of illegal immigrant convicted being turned over to federal authorities. >> the money california relies upon for the federal government, this year alone for grant money. we have to be mindful about the potential for backfire and also unintended consequences here. the federal government is requiring that state and local authorities give them 40 hours notice before releasing any undocumented immigrants. if that's the case, inevitably

that is going to result in overcrowding of jails because if we have to keep at least 48 hours illegal immigrants in our jails, what is going to happen to the overcrowding of the jail system which is prevalent here in the state of california? does that mean other dangerous or violent criminals are going to be released because of that 48 hour mandate? who draws that criteria and who is going to accept that, who is going to decide that. what about the illegal immigrants who can potentially serve as key witnesses in dangerous and violent crimes? does that mean the prosecutors are going to have a more difficult time in securing convictions because illegal immigrants are scared of testifying and are scared of being deported? these are the things we need to be mindful of. >> jon: we are going to ask our legal panel to stay right there because we have another big story we want to get your reaction to. a new justice department warrant requesting personal information on visitors to a web site that was used to organize protest against president trump on

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the energy conscious whopeople among usle? say small actions can add up to something... humongous. a little thing here. a little thing there. starts to feel like a badge maybe millions can wear. who are all these caretakers, advocates too?

turns out, it's californians it's me and it's you. don't stop now, it's easy to add to the routine. join energy upgrade california and do your thing. >> high max, everyone, i'm sandra smith. north korea's mercurial dictator saying he is reconsidering their potential missile launch. plus, months of rumors that president trump's chief strategist is on the outs? and the president and senate majority leader lending support to one candidate in alabama. voters may have other ideas on america's news headquarters. >> jon: back with our legal panel and right now of a web hosting company is challenging a warrant from the justice department, requesting information on visitors to a trump resistance web site.

the warrant requests the company provide over 1 million ip addresses along with other information on visitors to the web site, which was involved in organizing protests against president trump on inauguration day. let's bring back our panel. the federal government is saying look, we want information on these people who were obviously interested in joining the trump resistance movement, at least on inauguration day. that web site is trying to turn this down. do they have legal standing? >> they do not. they are making two arguments, they are saying the language is too ambiguous and without the information requested is protected. the function of a judge is to determine whether the language is in fact specific enough. here the search warrant was issued, which means it suffices

that requirement. dream host argues the privacy protection act protects that information. it is not not complying with a search warrant lawfully issued by a judge. and remember, pursuing a search warrant is lawful. >> jon: a judge did issue this warrant. >> you can always challenge the issuance of a warrant. i think the company's main argument is that the federal government is overreaching. there are concerns that there is a potential slippery slope argument, if you allow this to happen what else are you going to try to get in terms of the federal government? will phones be off limits, can they serve people's houses? another argument you have to consider is the potential chilling effect, the intention of the first amendment is to encourage freedom of speech and freedom of expression, and if the federal government is asking

for 1.3 million ip addresses, people are going to be discouraged from making comments on the internet are looking at different web sites for fear of potential retaliation or the federal government retrieving information about them. i think it does raise some very interesting legal arguments and i'm excited to see what is going to happen. >> jon: very quickly, they are not only looking for the ip addresses, they are looking for content of their emails, photos, anything else they may have posted, is that not overly broad? >> ives perfect respectfully dh the slippery slope argument, the function of the court is to allow this. the language is specific enough to have it to be a lawful search warrant. >> jon: we will continue to follow that case and let our viewers know what the courts

decide. thank you. >> heather: continuing to follow president trump set to address u.s. infrastructure from trump tower this afternoon, also expected to sign an executive order, we will have more on tha that. you don't let anything

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>> back tomorrow. "america's news hq" starts now. >> sandra: president trump expected to make marks on the structure this afternoon. will be overshadowed by charlottesville. hello everybody, i am sandra smith. the president's remarks are expected next hour and a tower. political pressure is mounting on him just hours ago, fourth ceo resigned from that manufacturing counsel. apparently in protests for him failing to condemn white supremacy groups after trussville rick, what can you tell us about these resignations on t