if only you could see what goest on behind the scenes. >> that's right.>> it's a lot of excitement. > so much it tonight.ht. there's a lot of excitement going right on right now because there is a hearing going on oveo president trump's travel ban. et cetera ' very rare in federal court hear the arguments.gume that's what's happening a. they're hoping the appeals court would move forward with the order to reinstitute the equal certified order. > it. as you can see from the run down here on the side of the screenn here's some of

if you want to weigh in you can tweet us using the hashtag 5 at 6:306789 the ninth circuit court of appeals in san francisco is hearing arguments over presidenp trump's travel ban.n. they are hearing argumentsents property government and severalm states thaten oppose the ban on travelers from seven predominani muslim countries. a judge temporarily blocked the ban on friday.da the president's executive orderr on border security and immigration enforcement will enhance public safety for all of our citizens.tize in retrospect, this is all on me, by the way, i should have delayed it just a bit so that i could talk to members of congress, particularly the leadership of committees likee this to prepare them for what was coming.was again, the government is asking the court to restore the president's executive order. they contend the president alone the power has to decide who can enter or stay in the unitede un states.

out in the immigration law.w. the president can decide we're going to exclude this subset of people exclude in group ofgrou people p, he can do that, but, again it goes back to the whole litmus test. if you're hoping for a ruling it is unlikely. > in addition to an immigration ban, president trump is movingnt forward with t that plan to puld his border wall.his how effective is the plan. are there opportunities out there. > did i say opportunity livesvs or lives. >> you got it right.t. > this has been a key hallmark of president trump's campaign. he talked about it. a lot of dispute over who eventually will pay for theill wall. what are the alternatives here? >> i think one of the big things to consider is how we can usee technology. harness technologyhn more effectively.fect in some places along the

actual way may not make sensense economically or practically. in some cases it can be infraree technology. wall.ld be a there are ways we can track who is coming in, coming out without building a physical wall.ll i would like to think that president trump and congressgr will realize that. you have some other idea, but why is this important to look for the alternative? i know onn of the things you mentioned because it was simply more humane. explain that. at. >> i think the humanity in this is that building a physical border wall does send the wrong messages as well to the rest of the world frankly. if we look at other ways, for fr example, reforming our visa system, we can still hold true o to the values that we have as american, as a country of immigrants while at the same time figures out who is coming in and who is coming out. i that

the borderline, also look at reforming the visa system which hasn't been updated in quite sometime. i think one of the points we'vee heard throughout the debate there is a big problem with this country not only because theyy came across the mexican border because they were able to come o into the country as a visitor and just never left in the first place.pl >> that's exactly right.y some of the numbers i've seenen have come directly from the us government, 40 percent according to the accounting office. 40 percent of undocumented immigrants in this country simply over state their visas as you point out. building a wall would not have prevented these individuals from living in our country illegally. >> thanks for joining us. there are still a lot of companies out there who are seeing the prospect of building the wall.ll. they're offering them up right now. > the president says his cont

immigration is just in his words commonsense. congress is divide odd thisis issue.is there's also this other talk ofr people saying this ban is being used aces a recruitment tool for isis? >> yeah, and that's a lot of the argument up here right now, sean. since the day this executive order was signed you hear two ha main things from the many critics of president obama. you hear that this is punishing people who have nothing to do with terrorism, but you've beene hearing critics say that this is a recruitment tool for isis.s. you've heard this again andai again and again.ain. well, today, the white house and the president in particular began to refocus on what this was all about to begin with from their viewpoint and that is stopping islamic extremists like isis present getting into the united states in the first place. he took a question on this at a white house meeting today. listen to how he

today framed this argument ahead of this court hearing today. >> how far are you willing to take your travel ban fight? >> we're going to take it through the system. it's very important to the country, regardless of me or whoever successes at a laterer date. we have to have security in our country. we have to have the ability. when you take someplace like syria, you take all of the different people.diff if you remember, isis said we are going to infiltrate the united states and other countries through the migration. and then we're not allow to be tough on the people coming in? they say timing is everything. while that was going on at the t white house up here at the capital, in the senate, foreigng relations committee was holding a hearing looking in on what the military right now situation is in i why is and iraq for the united states batting isis.is. it didn't take long for the

ranking democrat on this committee, marilyn benicar continue to start looking at this h immigration ban and it is carter who said emphaticallyphat isis is using this banas a recruitment tool. listen to how they put it. one thing is clear to me, the muslim ban is a recruitment toom that will be used that will help hurt our chances of defeating isis. no, mr. president this is not like some other proposal that's been made by previous administrations.ad this is much more comprehensivee and is clearly interpreted based upon the religion of thee individuals and that alienates over 1.7 million muslims globally. > turns out, though, that the wash dog group a little bit fact today issued a report saying inn

uncovered any evidence that isis is actively using this immigration banas a recruitment tool. to the contrary, they say the social media accounts they have monitored from islamic groupslai have been mocking the ban and in one posting said it would do nothing. so shawn and jim certainly notny the last we're going to hearar about this. >> thank you, fitz. > on this vote the yeas are 50, the anyways are 50. > the senate being equally divided, the vice-president the votes in the v affirmative and e nomination is confirmed. > there you have it, vice-president pence casting an historic vote for betsy devos' nomination. democrats spent 24 hours, urging republicans at least one to vote against devos. there were two republicans in the end, alaska and maine voting

ronica cleary has the fivee fi things that you know about betsy devos. >>reporter: we want to tell yot a little bit t about this womani who will be the secretary of education. betsy devos, she needed senator jeff sessions to get this confirmation.conf let me explain. sessions, he is expected to be confirmed as attorney generalge tomorrow. once that happens there will be a vacant senate seat for aat period of time, now, because of devos needed every single republican vote available aftera those two republicans confirmed they would not vote for her sessions couldn't be confirmed as attorney general until after devos' vote because he needed to be a sitting senator in order tr vote for her as well. now that devos is confirmed, session' hearing is scheduled for tomorrow let's look at the next thing. speaking of those hour-long republicans would not vote for devosment trump's team they're not blaming them.

sean spicer said voters willters remember, that is a quote, democrats who made this process difficult for devos.for what about the two republicans who didn't vote for her. this is what spicer have said. it is not republicans who have o stood in the way of this nomination of all the qualified individuals. it's been democrats who haveo stalled over and over again, trying to use every tactic possible.poss i think it's interesting thatat we're focusing on the votes ofts two republicans when you look at the spectrum ever antics thats have gone on in the democrats. > well, devos, she once tried to give michigan students a $3,000 opportunity grants.tuni to tell you about these paste efforts of herself, back in 2000 she tried to give michigan students $3,000 opportunityunit grants if they attended a school that did not have a graduationaa rate of at least two out of three students. the legislation did not pass.s. now, at

convention, devos was at an large delegate. she cast her ballot for ohio governor john cas according. in the primary, her family chosl to support marco rubio. finally, a major point of criticism that democrats brought for, it had to do with the factt that she had no directt experience in public schools. her work experience is focused on fill and that pian politics though she has focused on initiatives for scholarships. yesterday we interviewed senator mark westerner, 5@6:30 live. we spoke with a public high school teacher and i've received a ton of reaction from you.u. use that hashtag, your thoughtss on betty devos, it's fascinating to hear your perspectives.spec > we're going to keep that going with mark power line. he'sin a professor at emory university. here. for being >> i'm glad to be here, es

was growing up in rockville, maryland i was watching fox5 all the time. > you a many some, we love to hear that.at. you wrote an article about why betsy devos might be the right person for this job. explain why. never went to a public school, grew up wealthy, the list analystsing whys on. why might she be the right person for the job. t >> this what the argument that was pushed by senator collins and others that she simply has no experience with the publice schools andwi she's not committe to strengthening the public schools. she's an outsider.der. my perspective is that the condition of being an outsidertd is actually a plus, not a minus. and the reason is that the public schools have such a strong monopoly on the delivery of education to young americansa even when they areno

very good job in preparing young americans for college and the workplace. and we could review all of the data on this, since the sat reading scores are at their latest points in 15 years.ars. they continue to show very disappointing results in spitege of all the money that goes into the public school system. and as i see it the position ofi those who want to diversify thee delivery of education isn't anti public schools, it's simplymply trying to open the access, the pathways for students that areaa different from the publicc schools. > now, using that line ofne thinking you mentioned the teste scores. you mentioned some other aspects here. those were things that really came about during no child left behind. that's been a way of life for kids in schools more so after af our time, but i'm curious, as we move forward, what's the best approach to this

away from the standarded tests where you set the benchmarks anr try to approach it more realistically. >> it is would be nice to approach it more holistically, but it's costly. we're stuck with the current assessments, most of them being standardized tests and this is the instrument of accountabilita at this point and owe much has tied into how those tests show. are the kids learning what they need to do? we have other things such as the percentage of high cool graduates who go into college. they graduated from high l zoo. they had good grade point averages, then they went and took a diagnostic test just before starting classes at the college and it turns out they have to go into remediation.diat they're not ready for college coursework and about 40 percentu of studentst going from high school into college now do endd up in

wedi have issues of grade inflation. half of the students who graduate have a grades but whent they get into college they're just not ready. we certainly appreciate your perspective and it is nice toce know that you used to live here years ago and you used to watch fox5. >> thank you. you, are pollr numbers really what they seam? were the president's popularity is soring and what that couldat mean for the republican party. pass pressure systemming a h

kelly carson is a come back at 6:47 tonight.toni the president's approval ratingi at 45 percent. his image and policy is really holding up among core republican con still sequence is. they actually have the. we have a

the washington reporter. thanks for joining me. >> thanks for having me.me. > when you hear 45 percent for a president to has only been int office for a few weeks it seems awfully low. can you translate how that will turn into wins for the gop district. >> president trump's popularity 's is not p very high, 45 percent. it's still pretty high in the states he won. some ultimately keep a hold of congress, both the house and the senate. if you look at a state like missouri, his policies, even thn travel ban on immigration workss on immigration, his level off support whoevers around 50 percent. those are supported in some of these states, especially, look atmosphere 2018, you have tandems who are going to be up for reelection in states that trump won in nevada, missouri, montana, bob case i in pennsylvania and the list goeses on. in that way, the things are looking up for th

party and for trump getting his message across. > i think when you look at the electoral map and when you go to the states that hillary clintoni won, when you look at california, new york, but youbut look at all the states on the interior that went donald t trump's way, regardless off what's going on, moving forward it's a much smoother path forpah him than democrats. >> i would agree with that.that some of these states are deep red states. donald trump won missouri by 20 points and a republicanrepu incumbent with him.. > pennsylvania, being fromyl there,va bob case i is as conservative a democrat as you can get. he's kind of gone a little bit liberal and coming up you'reou going to see him moving back tok the center to the right. i'm from pennsylvania, also.also bob case i he's an interestinges case because he really hasn't

angered people as much as some other states.othe i think he's in relative good position.po you look at mass9hr kill, joer k donnelly in indiana joe mansione in west virginia. a very solve idea red state.tate the road looks decent for the trump policies moving forward.oa especially as you look for the 2000 next two years. > al weaver with the pennsylvania connection. >> thanks, al. > kanye west says he isis changing his attitude. he's completely shifted towardsh president trump. you're worried about that. we're going to explain why when 5@6:30 comes right back.

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> it may have been a littleha hard to hear if you didn't know whatve tof yo listen for. the rapper was talking about tal donald trump, but apparently

conway west to make a name for himself. the song called you just heard from or the song you just heardd is from kink myers. it's called propaganda. kink myers claims kanye west produced the track. conway west and his lawyers are working to remove his name.. he's unhappy with some of the president's choices, especiallys the t,ravel ban. you'll remember he met with donald trump.do a little controversial.rove and then again when they asked president elect what you wereu e talking about, he goes life.fe. >> i guess kanye changed high mind. > rosie o'donnell says she is game to play stieve bainin on saturday night alive. if called, i will serve.rve. of course the president and rosie o'donnell have a long history. in the past the commander in chief has called rosi

a pig and a degenerate. this of course, the word spreading after melissa mccarthy played sean spicer. that could be very interesting.e do you think she will show up. >> i don't think she will. nobody expected melissa mccarthy. there was a little tease up to alec baldwin playing donald trump. > i'll bet you a penny.y. >> i'll beta penny that is going to happen. retirement looking pretty good on former president obama.nt > how about a little kite surfing. have you ever done that before.. that's all i do when i'm out of the billing. back after this.

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former president barack obama is enjoying life. >> he vacationed on richard branson's home.bran the president is a quick learner and guess what, the president won an impromptu challenge out there on the water.he look at that. would you do that. >> no, not at all. > why?? >> it looked like he had a lot of fun. > for anybody watching, remember he's not the president anymore. he can do things like this.ike he doesn't have other thingshi that he has to worry about.out. this is his happy time. this is the time where you have a little fun and you rest. > i can't imagine beingan't president, anybody who has been president and then you need to take a little break after so many years in office and theic weight of the world our shoulders. >> and then you saw of course cu when you look at that splitlit screen of him eight years ago and when he left office. >> the hair definitely a bit more gray.y. > a little leisure. >> he'll be back in washington soon enough and moving into his

we'll see what happens next. >> thanks for joining us, we appreciate it. >> as always and we'll see youbl tonight at 10 and 11. make it a good night. and even though it only has half a kitchen, half the closet space and a half bath, it's a full house to the wilsons. because they have fios, their half house has full internet, with uploads as fast as downloads. don't pay for uploads that aren't up to speed. get 150 meg internet, tv and phone for only $79.99 per month online for one year. only from fios.

harvey: so the cash me ousside girl was on a spirit airline plane last night, pandemonium -- she slugs somebody, hit them in the face, got racial. >> it's like a whole jerry springer thing. harvey: the whole plane is like jerry springer. >> except for when she's like cash me ousside and the whole plain is like, is that the cash me ousside girl? could that be girl? >> george lopez went nuclear on a fan after she wasn't too happy with one of his jokes. >> shut the [bleep] up or get the [bleep] out. >> when you go to see any comedian, you don't say oh, that was offensive. >> he ends up kicking her out and her three friends leave and then he goes, there's four floor seats if anyone wants to come down. >> the key player in the super bowl, tom brady was the m.v.p. but the key, the guy who had the game of his life was a dude