thank you so much for joining us today. it's friday february 10. your top stories right now. the travel order suffers another setback. they refuse to reinstate the so-called travel ban. it is bowing -- vowing to spite back. we are fully confident that now we will get our day in court. and have the opportunity to put this on the merit that we wi prevail. after some say the judges chose politics over the law. the secretary of health and human services. the nomination is confirmed. with the very latest on that coming up. plus the latest timeline.

the plan will be out in a matter of weeks. it's expected to open up another 20 points at a not take yesterday's record high in europe mixed performances this morning. take a look at where we are in the euro zone indices. there up 100 percent. it's up about a quarter of a%. in each overnight. the stocks were higher up to and had%. on a k average. getting a check on oil. we want to say this because opec members kept its promise. the international energy agency said compliance is at 90%. the crude oil is at 5353. with the very latest this money.

they will even send someone to your house to fix it. we have those details as well. fifty shades darker opening today. with the folfox office preview. joining me to talk about it. good to see you. i'm delighted you think that i can last three hours. pretty even start. normally the nordstrom story. they'll be the one thing we talk about for three hours. i don't know if we will even get to it. we also had that night circuit that we are going to do.

harvard law professor a guy for those voters. to walk us through what took place in what could be next. in one of the architects of obama care. ezekiel emanuel is here. the former nfl quarterback will join us here. do stay with us. do kick it up right now with the top story. ruling unanimously against president donald trump's executive order. restricting immigration on mostly muslim countries. trump tweeted in capital letters. see you in court. the security of our nation is at stake. hepoke to reporters about the decision. watc we have a situation where the security of our country is at stake. and it's a very serious situation.

we look for it as i just said to seen them in court. david, good to see. thank you so much for joining us. who a possible legal route could happen now. i think clearly going down that route you will get more of the same. last year of all of the cases heard and appealed to the supreme court nearly 90% were reversed. that shows you that politics plays a big role. i suspect what they could do. every district circuit has a supreme court judge assigned to it. they have a reagan appointee very conservative justice who could hear an appeal of sorts of what took place. kennedy could reverse the night circuit finding. and on the merits of the substance of what mr. trump did.

i expect that's can happen. what could happen is there could be a far greater request for mister trump. he could get intelligence and are sealed by the court and ask for a full hearing on many more countries if he wants to and you could end up with a ban or band or a temporary suspension for immigration for a far greater number of countries that we currently had. he is a winner and he's not just a slogan. it's reality. it is enough for the best interest of the american people. not looking for a muslim band and he's going to go forward with this no question about it. and my guess is something will be filed today. in terms of what the reasoning behind this band was in the first place are we making too much about this court decision because it was temporary was about heightening the betting process.

and now as it is. and satisfied that security concerns while it works its way through the court. i think he can. for the opponents of what mr. trump is doing this isn't really just about opposing his temporary suspension. this is about vetting donald trump. anything we could say. every executive order they have related to immigration. and make a point to lay down the law that this is constitutional. but he what he did was to get from the federal -- federal statute that would allow him to go much further than he actually did. i think it's important for him to lay down the gauntlet with this particular order.

the wall street journal editorial page puts point to that that this night circuit decision confirms them. it opens the door for them to restrict the power of the branches. and that's what the judges said. the executive branch should be watched over by the judicial branch. i'm so tired of hearing about how we need to have a check of an executive branch. no one has checked the judicial branch. i think the fundamental question here is not whether the judges like this policy that's not the issue they don't have any business liking or disliking it is whether or not the president of the united states elected by the people of this country has a right to proct us do we let one unelected federal judge in washington state overrule the president.

it's amazing we would think that's okay. and this court of appeal it's essentially were talking about field nations. this is a failed circuit court. when 90% of your decisions are first by the supreme court you have to make have that major problem. they infiltrate this court -like more than anyone else in america. this court just dealt with legal technicalities. even if we can't get the new justice. if we can't get that in this decision there will be enough to grant a hearing in the substance and he will win.

i think that's can happen. they also hold a hearing today. to stop the executive order until a full trial can take place. there is a hearing in virginia that remains relevant. i think you have to take every individual circuit into consideration. and deal with as a whole because we can't have this. we can have individual courts. what trump did was okay. it will deal with the issue as a whole an issue an injunction. so popular with the american people. look at this poll conducted last week. it shows that the restriction on immigration is one of his most popular executive order so far. are you surprised at that?

i don't care if only 5% of the american people supported this is that principle. does it have a constitutional authority to deal with immigration. one judge says no. step off the bench. run for congress. but don't do this from the judiciary. part of the problem here is that people know there's a threat against us. they are not holding trumpet to the same standards that his critics are holding him too. we want to know specifics on my you're doing the travel ban. i think they are smarter than trump's critics give them credit for. the point of what the white house is doing is to protect the homeland and protect the people of the united states and they can take steps and make moves while they're

working in the court by heightening the vetting. they can do that independent of what's going on. don't lose focus. the focus is getting a scalia replacement on the high court. to watching the governor of washington and the arrogance he displayed. this was a total victory ignoring the high rate of reversal. the fact that they knew it was good to go to the supreme court i've lived in california my whole life. i'm ashamed of the opposition to our president. nobody is giving him a chance. it's not about looking out for the best interest of washington. it's about we have a victory against trump and we don't care what it was about.

we are concerned about doing something to beat the guy. it's unbelievable that a black rogue justice could consume the role and do this but a second last. now we know who one of the five conservatives is. there's a state of your choice. i tell you what. you're one of my favorite americans. i may just had to join you down there. david good to see you. we appreciate your time. coming up next. officials are reporting a possible engine fire. we will bring the very latest. it caught fire. capitol hill pulled another all nighter. the senate confirms tom price as secretary of department of

health and human services. it wasn't easy getting there. back in a minute. opportunities aren't always obvious.

sometimes they just drop in. cme group can help you navigate risks and capture opportunities. we enable you to reach global markets and drive forward with broader possibilities. cme group: how the world advances. maria: officials are investigating a possible engine fire. cheryl casone with the details.

a port authority official includes the f airlines flight experience a small engine fire late lessening. they were setting on a runway nearby. they snapped the picture. the plane taxied back to the gate likely. no injuries were reported. staying with travel thousands of flights were canceled because of yesterday's massive winter storm which dumped 20 inches of snow across the northeast. it has not been blamed for at least one death here in new york city. in massachusetts some residents were taking the weather in stride. listen. i'd love to drive in the snow. >> what's wrong with you. >> i'm from new england. and then check this out. a mudslide went right into one home in orinda california

yesterday. it sparked widespread flooding. flood warnings remain in effect there for more storms expected. now let's go to virginia a tractor trailer blew up the side of a chesapeake bay bay bridge killing the driver before he could be transported to a local hospital. i semi crashed into the guard rail and dropped into the water. turning to capitol hill now where the senate has approved president trumps pick to head health and human services it was a late night or an early early morning vote. the partyline vote 15 to 47. he is expected to lead the charge. at the white house last night. present trump affirmed the one china policy. reversing his earlier expressions of doubt about the long-standing policy and of

course the president today present today is hosting japanese prime minister at the white house and they will have a joint press conference this afternoon. speemac present trump making nice with china now. i wonder if this is rex tillerson's influence. i think donald trump is a lot more sympathetic i understand that the diplomacy of the country always pushes us to be a little mild. maybe it's not a great time to be mild. as tough with china the front page of the wall street journal that foreign buyers led by china are taking a smaller slice of the debt issued by the united states and other major economies. it kind of toggles but it's one of the largest holder of the u.s. debt given in the amount of debt particularly

how much we run up in the last eight years. that will be a test to see and keeping interest rates low. they hold that card over us. that causes massive disruption in our financial markets. there was speculation that he was threatening to make it even tougher for america by selling all of the treasuries that russia holds. if china and russia started selling their securities they would have a major problem for the u.s. a great deal of that. i think that certainly has to be a consideration. i do think we ought to be pushing china for some concessions on human rights and freedoms of the press. they will not give anything big but we ought to at least remind the world that these people are not exactly the bastions of freedom over there. the latest timeline on tax reform. we had been begging for it.

it looks like the white house is listening. the news driving stocks to record highs yesterday. a big rally on the president's comments about what he is unveiling in a couple of weeks. we are back in a moment.

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weeks that would be phenomenal. >> it will be a comprehensive plan. it's been since 1986 that something like this of the scale and magnitude has happened. the president recognizes that middle-class americans need tax relief. and that's can be part of it. you have to wait a couple of weeks before we put out that outline. he's listening. were all over the subject basically say did ministration better come out with realcommands of tax form. that's what he talked to over and over again. he basically said it looks like we didn't even know he was can win. working to get something in two or three weeks.

join us right now. is richard peterson. thank you so much for joining us. what's behind us. >> obviously it's about our needs. as must earn about $130 per share this year. they drop the tax rate. it would boost earnings per share. maybe under 25 under. if you lower people's taxes they will respond by buying stuff and in yesterday kevin brady joined neil caputo. and kevin brady who has been the lead guy working on tax reform for the middle class in the lower earners it's going to be big. it's going to actually be a significant tax cut.

the corporate tax reduction is huge donald trump can just mention it in the markets go up. the reason we had to do a better job of explaining to the public because i think corporations get tax rates. they pass it onto on to their customers. cut the corporate tax rate. productivity increases. prices go down. it would be the first to admit if you take the corporate tax rate down there is a powerful cascading effect. it's really the devil in the details. it will make a judgment on the final impact. that is a devil.

that's actually white steve moore said don't worry about paying for it. it raises a trillion dollars over ten years and that seems to be one of the biggest sticking points. even before the inauguration just to integration just to the corporate tax cut and do it quickly. move on to get that done immediately rather than talking about something comprehensive. with all of the other things going on in the administration. they have a report yesterday. they are taking office with higher levels of debt. under president obama. if you can lower the corporate tax rate you can do a lot of things with the money that trickles down. for $25,000 a year for

individuals. i think that is huge. i don't think they're gonna care about can do care about all the other policy decisions. we will see if they actually respond by increasing spending and investing and actually in that cycle that cycle of economic growth. before we go we have to talk about the current quarter. profit growth was. >> about 6.8 percent. you are looking at mid ways through the first quarter. looking at about 12 to 13% for the first quarter. so far. over 10% since the start of the postelection.

on top of a 6%. what is going on in the first quarter. in the financials and technology. there can be the driversoing forward. we are looking about 12 or 13%. >> and is energy going to get better? >> were going from the tailwinds to the headwinds. now we will start seeing some positive comparison. maybe the low single digit growth. we will take it. very horrendous comparison. great to see. a report says the price tag on the border vault will be nearly double the figure he cited during the campaign. with the details on the cost of that wall.

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well, what are you doing tomorrow -10am? staff meeting. noon? eating. 3:45? uh, compliance training. 6:30? sam's baseball practice. 8:30? tai chi. yeah, so sounds relaxing. alright, 9:53? i usually make their lunches then, and i have a little vegan so wow, you are busy. wouldn't it be great if you had investments that worked as hard as you do? yeah. introducing essential portfolios.

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>> build a wall! build a wall! >> we are going to build that wall. do not worry. we are going to build the wall, okay. don't even think about it. maria: details coming up on the staggering price that that will be. breaking news this morning, new terror arrests in paris, a 18-year-old girl among four people held in suspicious of terror attack. any plans to increase security in the eiffel tower including 8-foot glass wall. we will tell you about it. the very latest as officials scramble to find the cause. if you break, they will come, verizon now making house calls to help you fix your broken phone screen.

futures look like this. markets on rally mode again after a huge push yesterday. the nasdaq all racing up gains this morning on the heels of president trump's comments on tax reform coming. in europe mixed performances this morning. take a look at indices, best performer among others fractionally moving. in asia overnight, following the moves in the u.s., the nikkei average soaring in japan that was the best performer up nearly 2 and a half percent. will the sequel to 50 shades of gray be able to lock down the top spot? we have your movie preview for the weekend coming up. president trump's wall becoming clearer that the wall can cost $21.6 billion and this is according to internal dhs report seen by reuters, specific are at odds presented by senate

majority mitch mcconnell and dhs secretary john kelly. >> the speaker pointed out to our group yesterday with what -- of roughly 12 to $15 billion. so we intend to address the wall issue rselves. >> i think it'll be built where it's needed most first and then filled in. that's how i am looking at it. >> i really hope to have it done within the next two years. maria: joining us retired lieutenant colonel schaffer. >> good morning, maria. maria: now this new document from the department of homeland security. >> two things, i agree with general kelly. he has a clear vision of who we are going to happen. president trump has a record of building big things and coming early and underbudget. look, these numbers are from the previous administration, this administration has no had time to do a detailed assessment and the other thing i will say,

look, we started the border wall. this actually started under george bush, i actually worked as consultant with boeing when boeing was looking at some of the issues how we do a layered in-depth fence of the wall. you can't simply build a wall. you have to look what's beyond the wall and do intelligence collection to do that. john kelly is the right guy to do that. i think you're going to see it, may not be as cheap as the president says, i think it'll be close to the president's estimate than this report. >> don't you think the estimates are based on the fact that the previous administration didn't want to build a wall so they jacked up the costs and -- >> of course. >> you made the point that donald trump has a history of pushing people to get it under budget and bring it on schedule. >> you're absolutely correct. again, look at the team. look at john kelly, look at his record, look at president trump and i think you're going the see people who are motivated to do the right thing, fulfill the campaign promise and most

importantly to make it done effectively so. this is not about simply building the wall and hoping for the best. this is about doing the hard work, governor that you know has to be done to build something like this that has to be effective. lay me say this to your audience and some people are not going to like this. you will have to look at méxico as intelligence target, you have to figure out where people are staging, when you build a wall, you channelize things and that gives you an opportunity to be more aggreive and stopng things. dagen: you guys talk about the federal government as it's a tug boat that's easy to turn. instead it's more like the con innocent of australia in terms of getting things done because donald trump when he's a private businessman making decisions allot easier and executiving on the -- executing decisions versus working in the bureaucracy of the u.s.

>> so i will cite for you the ability of the federal government of men who were committed, leslie groves, general groves understood how the bureaucracy works. if you put the right people with the right authorities, you will be amazed what can be done but any government. >> i'm serious about the cost, $21.6 billion, are you going to pay from income tax, import, exports, not income -- import and exports from méxico, sorry, how are you going to pay for this? >> this wall has been approved for a while. you have to find some of the budget that exists and frankly creative ways to do it. méxico can lose, i think, if we decided to play hardball with méxico, they would suffer far

more severely than we would economically so i think there has to be a reckoning if you will, look, you are part of the problem here, we need to find a way to pay for is and you need use leverage. maria:ic you make an important point. i said to myself, can you come up with a scenario where méxico does really well-being against the united states? i don't think so there's a scenario. >> not one. maria: information was reportedly compromised by two brothers to manage intelligence technology in their offices. they are being investigated for serious investigations. stealing equipment from congress when they. >> employed by their chiefs of staff for dozens of democratic lawmakers. this is according to daily collar, there's red flags in the way they may have been ignored. colonel, you are an intel

operative, was there a failure to individuals before they were given access to networks with sensitive information? just to be clear the three brothers they are like 22, 25, they were making $160,000 a piece, why -- how three muslim brothers get jobs working in the departments of intelligence and foreign affairs and having access to our most sensitive secrets is beyond me and how they also get paid three times what other staffers were being paid is also beyond me. i don't understand this. >> this is clearly a set-up, i understand the muslim brotherhood connections. during the cold war we would never hire russian people to work our computers in the pentagon, it's completely insane. secondly it was done on the democrat side, they have been completely compromised by the muslim brotherhood. the money they were making is insane, i know staffers up there who barely make enough to have a place to life in washington, d.c. and most importantly here let's remember that they were

compromising critical data points regarding both foreign affairs and defense and intelligence. so there's no doubt here, and by the way, i talk today a senior member of congressional staff and a member about this and what's not being reported by the suppress these people are being investigated for espionage, it's not simply about the loss of data, the loss of access, loss of gear, these people committed think we have to learn from this. we have to understand that a lot of democrats have really cozied up to a terrorist organization called the muslim brotherhood, i'm sorry, that's what it is and we have to figure out a way to look at what damage these folks done. these are the people that i would recruit as inoperative to get inside of things and that's what they did. >> what kind of idiot hires people with three muslim brotherhood connections? good heavens. >> my people who are politically

compromised, people who are willfully blind. ms. clinton and her side were completely supporting the muslim brotherhood and egypt and other places, mike, let me be clear on this, muslim brotherhood is a terror organization. >> yes, it is. >> the most severe form of islam, they put that form forward and this was part of their plan and the democrats for better or for worse, some democrats are completely signed thinking they are some benign, non non non nonsecular organization. maria: president trump better not deem the muslim brotherhood as a terrorist organization because he's going to unleash a lot of hate against the u.s. from muslims. >> working on legislation right now to make -- force to declare the muslim brotherhood --

dagen: again, that argument is is repug -- repugnant. we are inciting violent. >> as soon as he got in he put them all in prison because he knew they were thugs. >> those three guys that were fired from congress on thursday of last week, the reason they have not been arrested is because apparently they don't want to arrest them for a lessor stealing computer files, there's treason and terrorism link. this story is going to continue. >> on fire. maria: lieutenant, thank you. tony schaffer joining us there. we will tell you what's behind that. we are taking a look at the box office, the blockbuster hitting theaters this weekend.

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maria: welcome back, markets on fire again. we heard from president trump yesterday about what to expect from tax reform in the next couple of weeks and with that comment markets took off and we are adding to it today. dow industrials expected to be up 20 points at the open. the company's revenue fell short of expectations. company plans to focus on increasing engagements on the app moving forward. the stock is up 169% year over year. the expectations were up there. twitter shares still down in premarket this morning on the heels of a tough day yesterday, the company posted slow revenue growth in four years setting the stock better than 10%. one person is missing this morning, two injuries following a pipeline explosion in louisiana. cheryl casone with the details there. cheryl, good morning.

cheryl: that explosion lighting up the nighttime sky at the philip 66 pipeline in parity last night. one of them air lift today burn center. the sheriffs says they don't know what caused the clash. the pipeline has been shut off at the source. it's going the take hours, perhaps days to liquid that's inside of it to burn off completely. 60 homes evacuated. highway traffic diverted around that area. paris on high alert today after french ann terrorism forces arrested four people on suspicion of planning a suicide attack including a 16-year-old girl, the girlfriend of one of the suspects, investigators say the four were alleged plan to go detonate in tourism area in paris. and the eiffel tower considering a high-risk target for terrorism is getting security upgrade with

concern that terrorist could use to stage an attack, the plan is to build 8-foot wall around part of the tower possibly with bullet proof glass, also the security at the base of the tower would be expanded to include two small public gardens, built and attracts 16 million tourists a year. have a habit of dropping your phone and breaking the screen, verizon is making house calls now to repair your cracked phone as part of total mobile protection plan that costs 11 bucks a month. fixing a crack screen $79 as deductible offered in select cities in 34 states maria, la, seating, austin, las vegas, boston and yes the capital of the country new york city on the list of cities where it's able, thank you. maria: there you go. thank you so much, cheryl. the silver screen getting steamy, 50 shades darker opens up today. we have a box off preview coming

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>> this time no rules, no punishments and no more secrets. maria: all right that was the clip from 50 shades darker out in theater today. the second installment to 50 shades of gray. joining us right now entertainment reporter katrina, good morning. is this the hot movie of the weekend? >> the second hottest movie of the weekend in terms of hot and steamy, yes, it will be the hottest movie. but unfortunately this movie falls a bit flat. maria: really? >> the story line is not as great. it's expect today pull in only

about $40 million this weekend whereas the last one in 2014 pulled in over $80 million making it a president's weekend and valentine's day record breaker. this time not so much, it's probably going to come in at number two proceeding valentine's weekend. maria: the first one did so well because it was right along with the book? >> the warranty worn off, the sexy businessman and all of that and it's definitely not going dominate the box office this time around, but you can bet it's going to have great audience coming at number two. maria: i want to ask you about the lego film. i want to see that. let's go to e other sequel. john wick chapter two. the original movie grossed $14 million in opening weekend in 2014, how does this one follow up? >> this one is expected to do better. it's supposed to gross about $20 million and keanu reeves

does so well in the movies, this time exhitman. i'm not that guy anymore. he play it is roles so well and interestingly enough the first movie as you mentioned was a cold hit, took way more than expected, made -- was about $20 million produced, lions gate is not telling us how much. the sequels usually cost more but projected to come at number three but still do well. maria: kid friendly movie of the weekend is the lego batman movie. i personally love legos. i have a lego man at my house. is this going to be good for children and parents? >> this is a family friendly movie, hour and a half of pure fun nothing dark but voicing batman the entire time and it's supposed to do great for warner brothers and for lego bringing in an estimated $60 million but i think it's going to be more than that. maria: so lego just keeps reinventing itself. >> it really does.

the first lego movie which came out in 2014 actually increased the sales of legos 15%. maria: wow. >> great for the company but also worldwide after all was said and done the film itself grossed nearly half a billion dollars. maria: the lego shops and it's interesting, it's been a real success story in the toy market. switching gears, sunday, 59th annual grammy award. >> yes, big night of performances. maria: a lot performances include beyonce, adele and lady gaga. are they going to get political on us or focus on celebrating music? >> i hope that it would be about celebrating music like lady gaga at the super bowl. maria: she did a good job. >> someone is going to get up there and say something, not sure who it's going to be but we are also looking forward to tributes to both prince and george michael, everybody is being hush-hush about how that's

going to go. maria: you're right. i had the honor of interviewing prince once, he was an incredible person. >> true artist. maria: katrina, we are going to be watching. katrina joining us there. tune in with mornings with maria, we will check in with michael tamara who will join us and bring us the highlights and he will be there and have the scoop for us. mcdonalds reeling customers with new deep c men you, where you can grab the snow grab swanned -- sandwich? next hour with mornings with maria. back in a minute no, i picked the wrong insurance company. with new car replacement™, we'll replace the full value of your car plus depreciation. liberty mutual insurance. at bp, we empower anyone to stop a job if something doesn't seem right, so everyone comes home safely. because safety is never being satisfied.

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maria: good friday morning, tgif, i'm maria bartiromo, we are happy you're with us this morning. it's friday february 10th, top stories right now 7:00 a.m. on the kiest coast. president trump says see you in court. the white house vows to fight on after the ninth circuit court of appeals refuse today reinstate order on immigration. washington state attorney general waiting on the victory last night. >> the executive order with little thought, little preparation, you have seep statements then backtracking in some respects. that's not just me a lot of republicans and, i think, it reflects the strength of our case and the significance of the harm that that executive order

created. maria: we have the latest this morning on keeping america safe. president trump's cabinet gets another member, tom price has been confirmed as secretary of health and human services and one of the top items on the agenda replacing obamacare. the northeast digs out from major snowstorm up to 20-inches falling in some places, airports still recovering after thousands of flights were canceled all day yesterday and new developments in the volkswagen emission scandal. auto maker former chairman testified that other executives did know about the issue before u.s. authoritiesctually disclosed the probe. markets this morning looking higher. we are looking to add onto another major day in terms of rally for stock prices, stocks closed at record high yesterday on optimism over tax reform coming. dow industrials expected to be up another 20 points today, nasdaq, s&p 500 also in positive territory. in europe mixed performance this is morning. take a look at what's going on this morning. ftse in lobbed open up a third of a percent.

the other averages fractionally moving. in asia overnight, big day, stocks were higher across the board following moves of the u.s. japan certainly took a cue from the u.s. nikkei average soared roughly 2 and a half percent overnight. we are checking oil, 53.44 a barrel. opec members keeping their promise when it comes to production cuts, the international energy agency says that compliance is at 90%. that would be a record. mcdonald feeling a little crabby. all coming up this morning. joining me to talk about all about it fox business dagen mcdowell, former arkansas governor and presidential candidate himself mike huckabee and fox news contributor taya, good to see you, thanks for being here. >> glad to be here. >> we have been talking about the ruling last night but also we want to get alan's take. >> if i ever call you 2:00 in the morning, take the call, i

need you to help. brilliant constitutional lawyer and obviously one of the smartest people i have ever met. maria: joining the conversation this morning former adviser to the white house office of management budget and one of the architects of obamacare. brett favre is with house. we kick it off with the ninth circuit court of appeals ruling unanimously against president trump and on restricting immigration in the united states. donald trump spoke to supporters saying he will continue to fight for this ban, watch. >> it's a political decision, a decision that came down but we will win the case, we will win in my opinion very easily. maria: the president also tweeted about the ruling saying this, in all caps, see you in court. security of our nation is at stake.

joining us defense attorney and author of dysfunction, alan is with us. alan, good to have you on the program this morning. >> thank you, first i have to tell mike, even if he thinks he's guilty by the time i'm finished, he'll believe he's innocent. [laughter] maria: i love pit. dagen: why don't we all have your phone number? maria: alan, what do you think the white house should do now that the ninth circuit ruled in the reinstatement of the ban. >> this was a very, very weak kind of ninth dir cute -- dir -- circuit decision. the family in yemen who applies for a visa, no connections with the united states, no standing, no due process rights, they might win but it'll take them months because they are not

going to get the stay reversed. it seems to me that he has one option, he has to write a new order. he has to write one that's constitutionally and sit down with good constitutional lawyers, with congress, with members of the national security team. let that go slowly, gradually to the supreme court, but in the meantime have a new order that will be challenged but that will be better focused on getting sustained. i think he might prevail that way if he did it. >> don't you think that this was a fundamental case where the president had authority to make the decision and the court was essentially arguing on a policy perspective which is not the purview of that court, would that be fair to say? >> no, i think it is fair to say, they asked for evidence that these seven countries had produced terrorism. well, the president doesn't need to produce evidence.

he has the authority as the president to look at classified material to speak to advisers and remember the seven countries were picked by the obama administration, look, this administration ran on a platform of going after islamic extreme terrorism. a phrase that the obama administration refused to do and they are entitled to say the islamic terrorism comes from countries that happen to be my home countries, would it have saved the constitutionally if they added armenia, so now we have seven muslim countries and one christian country, that makes no sense. the idea that it's not okay to prefer -- persecute religions that's ridiculous n1944 congress focused on refugee act. protecting christians and kurds from islamic extremist is a perfectly reasonable thing to do and doesn't violate the establishment clause. i think they get the better of

the substantive argument but they are not going to win a stay so this have the dilemma that they have to confront. dagen: alan, it's dagen mcdowell, the wall street journal editorial page today writes about this order from the trump white house has now become an opening for judges to restrict the power of the political branches to conduct foreign policy and their concern is judicial overreach at this point. is that a worry? >> i think it is a worry. when you give everybody standing, when you say the state of washington can come in on behalf of people who have never been in the united states because maybe they will give invite tay give a lecture at the university of washington that really does constrain the president. look, the president has to be constrain. we are the only country in the world where the judiciary is equal to the presidency. we also have a very other interesting check and balance. here we have a state, a state checking the federal government, so we have to make sure our

system of checks and balances doesn't go out of whack and one branch of government doesn't become more powerful than the other and i think this case does show checks and balances at work but i think the opinion goes too far on standing, goes too far on the establishment clause and that's why the president can deal with this effectively if he introduces a new executive order which confronts these issues and familiar rows it. it shouldn't apply to green card holders. the court was right in saying you can't apply it to green card holders. let the president write it in a narrow way and that way he protects american security and constitution. >> tell me who checks the court, they have the attitude that they can tell the executive branch or legislative branch where to go. i'm wondering who is supposed to check the judicial branch when they overreach and they act as if the judicial branch is over

the executive branch. >> the president gets nominee and congress gets to confirm that and that changes the nature of who is on the judiciary. the judiciary changes all of the time. it's now in california, for example, in the ninth circuit more democrats than republicans, three or four years from now they'll be more republicans than democrats. it's a messy system. nobody ever said it would be pretty or it would be efficient and sometimes the courts do take too much power, often for the good like when they desegregated the schools, sometimes in dangerous ways in my view when they had citizens united but different people can disagree about specific opinions but we have a nice process at work but it's insufficient and not pretty. maria: taya. >> alan, this is taya. we agree that it's the government's job to protect people, it's the first job. >> sure.

>> if that's the case, would you argue that president trump doesn't just have the right to put travel ban in place, maybe he has an oblation if his informion is that th terrorists are coming through without this ban and from my friends who are serving in the middle east, it sounds like this is a real threat with those seven countries, do you think it's not just a right but an obligation or not? >> i think it's an obligation and he will show us that he takes the obligation seriously if he issues a new executive order now. now, remember, one of the important things not mentioned in the opinion was a bunch of former secretaries of states and heads of national security wrote a letter essentially to the court saying, no, no, you don't have to worry, it's not such a threat. court had two things, the president on the one hand, but a bunch of other former people from the government saying, don't worry so much and i think it took that into account. its biggest mistake is it took into account the president's campaign rhetoric.

>> we are going to have a muslim ban. let's see if we can make this -- i think it was overdone by the court. maria: i want to move on by the kellyanne issue this morning. kellyanne conway facing backlash after plunging ivanka trump's clothing line. saying she has support of the president. >> go buy ivanka's stuff. i am going to get myself today. it's a wonderful line. i am going to give a free commercial here. go buy it everybody, you can find it online. >> he supports me 100%. at some point in your life, you ought to have a boss who treated me the way that the president of the united states treated me today. maria: so conway's comments came after in nordstrom's comments after weak sales. she as a member of the white

house came out and plugged ivanka trump's products, what do you think? >> let's remember the context. it starts when radicals on the left try today boycott ivanka products and that's just not fair. she has a product and it shouldn't be boycotted, you don't like the president, don't vote for him but don't boycott his daughter's products. what the president did and what kellyanne did is perfectly understandable. it's wrong, a little slap on the wrist but it's understandable. we would all do that for our daughter, we would all do that for our boss' daughter and let's not make a big deal out of this. maria: you don't think it's a big deal then? >> i don't think it's a big deal, the story about flynn having negotiations with russia is a big deal, the logan act habit been applied since 1803. maria: we are going to have four years of this. >> if we had the logan act we would have jimmy carter and jesse jackson sharing jail cell.

you know, jimmy carter try today stop from agreeing to the clinton peace offers in 2000, 2001, he undercut the policy of the united states. logan act doesn't really have any teeth to it. dagen: alan, stop being so reasonable. stop being so reasonable. >> that's why we love you. >> thank you. maria: there you, alan. i feel like we are going to have four years of this nitpicking. >> we are. maria: whether it's ivanka trump. did you see the tweet that hillary clinton put out yesterday. 3 to 0 and kellyanne conway comes back, yeah, wisconsin, michigan and pennsylvania. [laughter] >> what donald trump did for ivanka is what every father did for his daughter and i think

everybody gets that except a few radicals. maria: the blame game heats up. the former ceo and other executives knew about the omissions cheating scandal before it was announced. back in a minute special edition. this is one gorgeous truck. oh, did i say there's only one special edition? because, actually there's 5. aaaahh!! ooohh!! uh! holy mackerel. wow. nice. strength and style. which one's your favorite? come home with me! it's truck month! find your tag for an average total value over $11,000 on chevy silverado all star editions when you finance through gm financial. find new roads at your local chevy dealer. across new york state, from long island to buffalo, from rochester to the hudson valley, from albany to utica, creative business incentives, infrastructure investment, university partnerships, and the lowest taxes in decades

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maria: welcome back, the northeast is digging its wayut of the biggest storm of the season. cheryl casone with the details. cheryl, yeah, maria, it was something else. the storm called nico dumped 12-inches of snow from new york

to boston yesterday blowing and drifting snow caused big problems for drivers who had their hands full dealing with slippery roads and ice, the driver of a tractor trailer was killed after rig was blown off the side of the chesapeake bay bridge. misery in air travelers with thousands of flights canceled. airlines continue to work to get their schedules back on track. more than 300 cancellations reported so far today. well, a scare in brussels last night, the city was plunge intoed darkness due to massive power outage but residents were originally worried about terrorism. belgium capital is still on edge after last year's terrorism attack, eventually a spokesperson for the brussels power company said the blackout was the result of a network distribution problem. well, a former executive at having wag own group is raising questions about when current leaders knew about the omission

scandal, he knew of the cheating in 2015. they are looking into possible role of the scandal and says he told keyboard members about it. the scandal cost 23 billion in vehicle buybacks, fines and other charges. and finally this, i have to get my food story, mcdonalds is testing a new snow crab sandwich that consists of crab meet mixed with salary and may owe. it's got tomato only in san francisco in four restaurants. if it goes well, it can be available 250 stores across the bay area. come on, mcdonalds, maria, bring it onto new york city. dagen: people in arkansas say, what the hell is that.

>> when i think crabs, i think mcdonalds. dagen: what in the heck is that? >> come on. good heavens. maria: the kushner family can be shopping for more than dug out seats, they are in talks to acquire a baseball team. social media crack-down at the nba, why basketball players might need to watch what they tweet. back in a minute what if we could stop the next epidemic before it happens? what if technology gave us the power to turn this enemy into an ally? mosquitoes are the

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[ alarm weather.eping ] ♪ [ laughter ] cartoons. wait for it. ♪ screaming ] [ laughter ] make everyday awesome with the power of xfinity x1... hi grandma! and the fastest internet. [ girl screaming ] [ laughter ] maria: welcome back, the miami marlins owner paid $158 million for the team back in 2002, he may have just made ten times

that amount yesterday, jared max with the details. hay, jared. jared: marlins president said there was a handshake agreement to sale major league baseball team for $1.6 billion. 1.6billion, this for a team that drew the lowest average attendance in national league last year and has not had a winning season since 2009. forbes said the handshake agreement between marlins owner and a real estate developer based in new york city. but get this, according to espn, real estate mogul carlos kushner, the father-in-law of ivanka trump could be part of a team that is bidding to buy the miami marlins. sports and politics clyde again. new england patriots will visit the white house, the team will missing some of the players because of political beliefs, six players will not attend the white house, not all political, chris long, gar let blunt, dante, deafen, that's the list, they won't go.

blunt who led the nfl told siriusxm, i just don't feel welcome in the house. i don't support the guy that's in the house and i don't feel accepted in the white house. donta pointed out he didn't go to the white house either in 2015. one man that won't be at the white house, johnny manziel, could he service in the canadian football league. according to the newspaper the hamilton spectator, but the rough riders may have violated league rules. no one from the club worked him out and they are considering legal action for this report for spreading of that. >> jared. they are not going to show up because somehow they don't like the guy living in the house. you know what, i'm sure the ceremony will go just fine

without them, they will never be missed. that's fine. >> they don't feel welcome with an invitation and appointment in cabinets and diversity. >> i don't know if there's official invitation. it's possible -- maria: tom brady is apparently a good friend. they have spoken about each other very positively many times. jared: they still haven't found the jersey. no, the jersey -- >> putin took it. maria: ball and jersey missing. could be harmful to the brand. deputy commissioner advising teams against, quote, twitter wars that there could be discipline, what do you think about this? do you think that it's harmful for the league? jared: yes, social media has gone wild, a wild fire that continues to spread and nobody seems to take the control to be able to police it and it seems we have reached a point where we

do want some policing of the internet because -- dagen: we don't want policing on the internet. it's free speech. jared: but the problem it's not a player, joe smith going out and writing, hey, you stink, team's official twit internal revenue handle that are going on. maria: the official company should police them. if it's an official twitter handle of the team -- >> i totally agree with that. dagen: what is sports without trash-talking. i learn today sit behind home plate. yelling at the batter. this is the foundation of sports in america. jared: i have never seen one team -- i can't remember which team it was, but somebody else's twitter handle sent something out.

wait, rr is professionalism? dagen: there's no professionalism in professional sports, what are you talking about? maria: i don't mind getting police by the company that owns it. >> absolutely. maria: when you're talking about police the internet on a government level - jared: it raises the stakes. >> you have to remember who you work for. dagen: stop taking the fun out of sports. maria: ease up. jared: have it start with a run around in second base. dagen: nascar has taken the insults and the fighting out of racing and the sport is in decline. >> put them on second base. dagen: people can't fight anymore.

[laughter] >> everybody gets a trophy, everybody gets a ribbon, why not? dagen: i just converted you. we need to curse more. [laughter] >> i would love for sports can be entertainment where i can get rid away from fighting. maria: ease up, jared. jared max catch siriusxm. from the captain of the houston police department dwayne ready is with us. coming up, join us for that interview. brett favre in the house. joining us next hour mornings with maria. stay with us because we have a lot to cover this morning ery la. and moment away... with every click...call...punch... and paycheck... you've earned your medicare. it was a deal that was made long ago, and aarp believes it should be honored. thankfully, president trump does too.

"i am going to protect and save your social security and your medicare. you made a deal a long time ago." now, it's congress' turn. tell them to protect medicare.

maria: welcome back good friday morning everybody. it is friday, february 10. 7:30 a.m. on the east coast. it's one step closer to being filled. the confirmation breathing new life into the panel over obama care. the american people need dr. tom price. an agency in great need of new leadership. president make no mistake in the dark hours of the early mornings with a confirmation

of secretary price they laun the first assault in their war on seniors. the latest as capitol hill prepares for a fight. they're getting into that one. president trump during his part. aimed at protecting police officers. and the race is on to save 400 whales breached in new zealand. mark is this morning look like this. another gain at the opening of trading and on. the s&p 500 awestruck at the morning. up as apogee see here. the mix performances right now. you see it's up to 100 of 1%. an index also up about a quarter of a%. in asia over overnight. stocks higher across the board. japan the best performer it soared nearly two and half percent.

we've a will look at huggies diapers. diapers for premature babies. your friday night plants may be up in the air literally. the triple threat said to brace the sky tonight. take a look at that man. burning the midnight oil last night. tom price has the next secretary of health and human services. watch. are there any senators in the chamber who vote wish to change their vote. the nomination is confirmed. try to me right now is one of the text of obama care. thank you so much for joining us. this confirmation comes after a delay by democrats to vote on price. what he think was behind the delay.

and what he told congress about his investments and whether he was truthful to them. i think that is what is behind it. also a philosophical disagreement how to proceed with reform. they don't need -- they don't agree on a lot of things. for example keeping medicare as it is. one of several nominees where they get their confirmation done. memories may be short on this program but in 2009 that was mitch mcconnell's approach to everything that mitch opposed. it was the republican playbook. they were very supportive of the secretary of defense. they were supportive of other nominees. they are unprepared like the

secretary of education and who have some ethical questions like a dr. price. they had been more cooperative. there were no executive orders. maria: there were several executive orders under president obama. you will remember in 2009 we have a serious recession in this country they have to be combated. the introduce of the recovery act. it works remarkably successfully. it took the oxygen out of the room.

her economic growth. we look at the the facts are there is no evidence of the affordable care act limited and economic growth. the ceos in managers have been there every single day on this program. and the one thing they tell me is the reason they have not hired more people invested more in their business is because of the cost of healthcare. when you have a legislation that is 18% of the economic growth story you can be sure that healthcare is going have an impact on economic growth. the first point is we agree you and i that the fact is we need more affordability and healthcare. i worked tirelessly to get it under control. under president obama we have

more low in inflation that we did under president bush. it went up 80% in his eight years. they went up 35 percent. as much as you want to blame president bush still. we can't do it today. it doesn't make sense. this year premiums and airs on it will be up 116 percent. that's of the fact. we know that. it is the reason that they have not hired more people in the reason that managers a business have turned full-time jobs into part-time jobs. >> i couldn't agree more. we need to get healthcare costs under control. i propose many ideas to do that. changing the affordable care act is not actually going to do that. if they succeed at taking away the expansion of medicaid and

getting rid of the mandate in the subsidies so that the exchange falls apart healthcare costs or can you go up. the budget office estimates that if they do those two things by 2026 premiums are going to have a double. that is not cost control it is irresponsible practices. one of the things i want to take exception to. he is a good man. he offered ideas. they were rejected. when obama was present president set elections have consequences and he basically pushed back and said were not interested in any of the ideas. there is a $2,500 investment that somebody is questioning. i hardly think that the man is somehow corrupt because in a blind trust that he have nothing to do with personally his investment counselor bought $2,500 worth of stock. because of a third-party transaction and there isn't a

person in politics today whose can gonna be able to withstand the scrutiny. we in medicine there is a zero conflict of interest. no money. mister price. he knew about those things. he filed those reports. he did not tell the truth to congress. the australian company. the rest of us did not get. he did not tell the truth to congress when he was asked about that investment. i'm a bioethicist. it's a very important issue. and having insider information and changing it. they also had money to introduce legislation.

i think he does have the best interest of patients when he is a practicing dr.. this is about policy which is a very different issue. his policies don't agree all the time. president trump has said he wants to keep medicare. he likes that proposal. that's not dr. price's approach. in terms of lowering the cost. the most important single thing we can do is to change how we pay doctors and hospitals so they are incentivized not just to take care patients when they're sick, and to do into do more under that fee-for-service system. civic we did some of that in the affordable care act and we did in two ways. we incentivize doctors to improve quality and reduce costs we created thing for

medicare and medicaid innovation. they will change their practices to improve the quality and keep people happy. it has have some important successes. to actually reduce the price of implants. it's worked across the country. your antidotes are no good. ortho carolina, they love these bundle payments because that allows them to actually make more money by being efficient and reducing the cost. howcome the majority of americans want to program repealed and replaced.

i can't hire anybody anymore. if you're facts are so good. you may not have looked the latest pulling but it shows that now more people want the affordable care act a p50% of people don't trust the republicans actually amend the affordable care act. we always don't it's easy at the start with just a bladed comments to say we're going to repeal and people will support it. that's what's can happen with the republicans. your neck and a seat lots of people with that. keep our medicare because they don't trust i don't trust the republicans actually preserve medicare for the elderly. speemac we appreciate your time this morning. thank you so much.

he's to get the last word. you have another hour and 15 or 60 minutes. i feel like i say see this sometimes. when managers come on the show and say this. it's a reason i put a cap on hiring. this is not. that is like the individuals. i'm not met one person that said there healthcare costs went down. all of the people that lost the insurance because of obama care. a triple threat is coming to the night sky.

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he won a huge effort underway in new zealand to save more than 100 stranded whales. more than 400 pilot whales beached themselves in 300 of them have died of force made up of a hundred of volunteers has rescued the remaining whales. scientists are not sure why they beached themselves but sometimes they can be old and sick where they could make navigational errors. >> huggies unveiling a new line of premature babies. -- diapers for premature babies.

one out of every ten babies born in the u.s. back in 2015 a triple threat in the skies tonight going into early tomorrow morning there is going to be a lunar eclipse at about 7:40 p.m. eastern time tonight during the full snowman. a comment will come whizzing by the earth a few minutes after. you should be able to see the comment. they're calling it 45p. and selling them to meet 7.4 million miles away. in some new information about jupiter. as one of the biggest storms in the solar system. but now new storms have just been found. they show pictures of the big storms around the plane.

this one is a doozy. a french businessman is blaming huber for breaking up his marriage. he's doing the company for $45 million. the man said his problems began when he used his wife's cell phone to log into the gap. a typical glitch allowed his wife to be notified every time he used it. even after he logged out. she filed for divorce. we don't know if he was cheating we don't know what was going on. but he's suing for $45 million and blaming huber. i think that's important. one heck of a wife. maybe she ran away with the uber driver. there is more coming up. captain of the houston police department is with us. where does it have now. back in a minute. did you know 90% of couples disagree on

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maria: welcome back. president donald trump signing three new orders to protect police and ensure safety. >> it's a shame what has been happening to our great law enforcement officers that's gonna stop as of today. today's ceremony should be seen as a clear message to the gang members in drug dealers and drug dealers terrorizing innocent people your day is over. a new era of justice begins. in that new era begins with jeff sessions. some of the finest in the city of a heist.

they may have won the super bowl but he lost his jersey. they are still in us to getting after the jersey was stolen from the locker room following sunday's big game. he joked this week that the shirt will wind up on soon -- online soon. >> i put it in my bag i came out and it wasn't there anymore. it's unfortunate because that's a nice piece of memorabilia. will try to track it down if it shows up on ebay. judas right now is the houston police department captain. thank you so much for joining us. where are you in this investigation. can you walk us through some of the areas that you're looking at. right now were just trying to track down who was around the jersey at the time it went missing. who have cameras or cell phones or any equipment that might have captured some of the evidence. after the game a lot of people

left houston and they took their equipment with them. or checking with the team insecurity both at the stadium and with the security team and i a more distant hunt right now for anything that might shed more light. >> there must've been cameras in the locker room. we have looked at some. again not everybody was there by the time we got there. to the extent that they left town are went back home. were still looking for those individuals and to see if anything they head on their cell phone or media equipment might shed light on this for us. you, people are we talking about. we've interviewed more than several people. we do not have a suspect. what is gonna look for the leads. take the information wherever we can get it and just keep following them. >> tmc reported officials thought that the jersey may have been packed within the

equipment truck. has the truck been searched. >> we had people working with us in the area. also to search any other equipment or talk with equipment managers because we do want to make an exhaustive search to make sure it wasn't misplaced our guys as soon as we were made aware of this we search the area to make sure that some didn't hide it. looking at all the places and what happens when you find the person that took it. then we will be in discussions with the district attorney's office because of the value of the jersey. i can't even imagine how valuable that would've been now it's even more valuable because it's gone missing. the most famous jersey in the

nfl. were talking about something of extraordinary consequence. i could not agree with you more. maria: there is also the ball. are you investigating the ball as well. >> not right now. we just had the jersey right now. real quick. what is your take on jeff sessions. my job is busy enough here at the local level. we will take encouragement wherever we can get it. captain, great to see you. we will be right back. it was a deal that was made long ago, and aarp believes

it should be honored. thankfully, president trump does too. "i am going to protect and save your social security and your medicare. you made a deal a long time ago." now, it's congress' turn. tell them to protect medicare.

. maria: good friday morning thanks for joining us i am maria bartiromo it is friday, february about 10 your top stories right now 8:00 aem on the east coast, see you in court that is what president trump is tweeting this morning after the ninth circuit court rules against his administration refusing to yes instate so-called travel ban k examine democrats cheering ruling after it came down late yesterday. >> executive order i thought made us less safe i was pleased with results it will not go into effect i think it could be used as a recruitment by you terrorists organizations president trump has propensity to use executive orders we know there

is a limit as to what he can do we have protection of courts. >> this shows united states of america has a great system checks and balances. and very proud to see that the court is made it clear president not above the law. >> look at what happens next especially after some say judges chose politics over the law. the president gears up for busy day japan prime minister abe is headed to washington today the japanese government pushing companies for tweetble figures on investments before two leaders meet details on in a meeting. >> another late night on capitol hill end withed confirmation of tom price secretary of health and human services, plane catches fire on tarmac investigators searching for cause the very latest markets this morning no rally mode looking at another day of gains on the heels of a big a record day yesterday, stocks closed record highs optimism that tax reform is coming in weeks after the president said there will be a phenomenal package announced

within two weeks in europe take a look at averages this morning, money moving into stocks there as well, ft 100 near highs of the day up a third of a percent other fractionally moving in plus columbia asia overnight stocks shot higher following u.s. lead as you see there, japan was best performer to me to me soared roughly 2 1/2% kfc into value times day spirit love with fried chicken oh, yes. >> he alligator in south carolina not feeling green now a trump gator, orange gator details coming up, stories this morning coming up joining me to talk about it fox business network dagen mcdowell former arkansas president presidential candidate mike huckabee fox news contributor, a lot of comments about dr. emanuel on twitter. >> you know i think you should not to eat lunch because you ate him for breakfast this morning just so you o o now. maria: thank you. >> it was -- >> he said doesn't have impact

when -- dagen: that attitude language got donald trump elected, because it is a complete tone-deafness to what american people have gone through with affordable care act the last 8 years, they feel left out and they feel like the people who they elected and leaders the policy makers they don't listen it is like what do you mean? your premières aren't going up you didn't lose your doctor? health care costs are fine. maria: yeah "la la land", there we go. >> conversation talk more about it former nfl star quarterback bret favre talking about push to practically players in concussions don't miss that stay with us on that, but our top story right now ninth circuit ruling against president donald trump refusing to reinstate executive order on immigration blake burman with the very latest. good morning to you. reporter: now the trump administration needs to figure out its next move, what the about ninth u.s. circuit court of appeals ruled temporary

restraining order can stay in place meaning the president's executive order on extreme vetting is on hold for now. here at white house they have not said when legal path they may or may not take next possible go back. ninth circuit court in congressional possible try to move to washington, d.c., and takehis to the highest court in the land, the supreme court. either way, last night the president vowed that he would take legal action, here was a tweet that he fired off immediately, quote, see you in court! security of our nation is at stake, all caps exclamation point white house feel very confident that when they are able to argue the merits of the case, that they will eventually prevail. >> it is an interim ruling we are fully confident we will get our day in court have an opportunity to argue this on merits that we will prevail. >> s hillary clinton summed up

sentiments of those opposing this executive order with simple tweet at least from twitter account wrote three to zero pointing out the opinion was unanimous kellyanne conway you heard from fired right back retweeting that responding, he pennsylvania, wisconsin michigan. as in 3-0 midwest sweep many didn't think this president would win election day maria back to you. >> that is funny kellyanne conway you know tweeted back to hillary clinton last night with that, thank you blake burman white house rep restaurant fox news contributor ed rollins good to see you. >> did you expect this decision from the appeals court. >> absolutely. >> you did i know that court well i used to serve on judicial selection panel call it the left court, it is nine states western states a very liberal -- i was disappointed one republican didn't basically vote but at the end of the day.

but the president is going to win on this i think they need to spend 24 hours have a strategy first rate attorney general think what here to going to do president will win on merits right court the rush to judgment go a speculatives not -- i think will backfire they need to be very deliberate a strategic plan how do we win he clearly constitutionally has the right to do what he did has to make sure with appeals courts what have you don't he -- >> he has to continually rhyme people not the job of the courts to evaluate policy or politics they don't get to decide what they like or don't like preponderance their only purview in this is determining whether he had right to do it presidents make decisions congress makes decisions that people don't like, but if within the bounds of their duty in the bounds of their responsibilities they can make them even if terrible ideas i think the president was right about this. that doesn't matter, if question is does he have the authority, and he does.

>> he just has to make sure he gets to the supreme court obviously four-four situation is going to win this thing what i would also a argue is court basically interprets the constitution if they do it he correctly gives pour to the president not courts not congress or anybody else. >>. dagen: moving forward do they need to be very careful about this -- >> i would just argue they do, you know we are 21 days 1 days to go with inauguration, i teach a course in the presidency, i have never seen as much activity, as this team has done they have to be tired they have to be you know. >> roll out of travel ban -- slipshod messy put it together -- did not defend that well. >> you need whole team in there you are getting the team obviously -- he attorney general 8 years two weren't on side justice department needs to be fixed, sessions will do

that i have a bigger issue now watch confirmation sites, the if democrats obviously have only one tool to use that is the filibuster i think after jeff sessions sevenrved 24 year he honorable man could only get one democrat vote tells you they are going to fight all the way basically say let's not play this game get rid of the stupid filibuster rule, let a majority win because what is going to happen the president is going to be very aggressive, the house is going to pass measures he wants the senate is going to stall them if you basically have to get 60 votes you are probably not getting on some big issues i would argue at this point in time country is going to measure this president this congress republicans, on all successful two years four years he promised to do you can't let a stupid senate rule basically, do you in, i am for doing nuclear right now get it over. >> people remember the way the democrats are stalling, in 2018 when they come up for reelection.

>> i don't know you have to remind them the critical thing here what the administration, accomplish in the next two years, acquiesce to have tax reform we have to have rebuild infrastructure we have to obviously repeal dodd-frank fix health care system all those are tough votes critical thing you got to make sure your senate your senate basically you backed up the senate majority. >> i think the hope is they are going to exhaust donald trump by all it in pikeing exhausted party with this. >> i don't know easy to vote know than do what a president is doing this president is -- i dare anybody trying to wear this guy out unbelievable -- he is. >> 4, 5 hours a night sleep -- 1 a.m. -- >> your experience. >> my sense is they now are unified as fact of the matter democrats are, they are not in mind-set they are in opposition party, but tactics there no leadership no significant there is nobody

going to basically say, let's bring i can bring 10, 15 democrats, let's make compromises on health care budget, they are going to basically schumer not as good as harry reid in object strucking but basically is not the going to -- >> quickly already discussion about getting rid of the filibuster rules for supreme court appoint nominees because of this ruling on the travel ban they are going to industry speed up confirmation, of gorsuch and dump the filibuster following in footsteps of harry reid, by the way. >> i was going to ask if republicans try to stop obama that is obstruction but if democrats try to stop donald trump that is somehow honorable resistance. >> you saw talking about too many executive orders 21 days my god lived off executive orders last four years, just absurd to me to give senators opportunity to talk more people don't send them to talk more they want votes action,

let's -- let's take the he sessions thing say this, one of our own honorable man. >> any thoughts on abe meeting. >> i think very important abe basically understands he has to give something up, and that they can play golf -- trump will beat him i know trump is a greet golfer, competitive so it had will be interesting meeting. >> bilateral trade, you know formed here. >> thank you, ed rollins next northeast thawing out what to expect 23ur flying in or out of the region today chicken valentines do a how kfc is helping customers wing it, back in a minute. ♪ i got magic in me ♪ ♪ did you know 90% of couples disagree on mattress firmness? fortunately there's a bed where you

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that $100k is not exactly a fortune. well, a 103 how long did it take you two to save that? a long time. then it's a fortune. i told you we had a fortune. get closer to your investment goals with a conveation. court of appeals the ninth circuit court of appeals. . maria: welcome back fire on plane at jfk briefly lit up the runway last night cheryl casone with details. cheryl: pictures incredible here maria officials say the small enengine fire occurred before takeoff on argentina airlines flight headed for are buenas aires this taken from a passenger on nooeb plane when emergency crews arrived flames were out passengers not evacuated no injuries reported plane had to go back to the gate, though.

the northeast continues to dig out after winter storm dumped as much as 20 inches of snow from new york up to boston why i had. one person was killed shoveling snow no new york city drifting snow caused big problems for drivers who had hands full dealing with slippery roads and ice, the driver of a tractor-trailer killed rig blown off the side of the chesapeake bridge helicopter rescued man minutes after accident but he died sadly on way to the hospital. >> misery for travelers as well thousands flights canceled yesterday, airlines continuing to work to get the schedules back on track today. we have actually got more than 300 cancellations reporting so far this morning. so if you are going to the airport check with airlines. of course, a lot of problems out in nevada and california from weather heavy rains melting snow in sierra nevada mountains causing mudslides

emergency declared in nevada after a dam failed out of the west coast, headlines looking now at president trump positionings nominee for health and human services secretary he is now cleared finally by the senate watch. >> ayes 52 nays 47 nomination is confirmed. >> you lawmakers approving price on party-line vote democrats extended into the early morning hours, they opposed price's support for overhauling being medicare republicans going to lean on price to take action to dismantle obamacare good news kfc fans in canada heart shaped chicken boxes for valentine's day canadiens enter a contest to send a chicken gram to love or object of love contest on kfc canada web si ends today maria more

chicken stories chicken for valentine's day. maria: you lot of chicken. cheryl: i lately have been eating more thanks to "mornings with maria", producer. >> breaking news want to bring tweet president trump is just putting out there right now, he says, remarkably in the entire opinion the panel did not bother to cite staunch a disgraceful decision president trump talking about ninth circuit court of appeals decision we heard from alan dershowitz harvard professor constitutional lawyer, he basically said look, president trump should do another executive order, right. >> yeah. maria: make it narrower. >> should reissue it because he is right, and that he was right on the law, and on constitution. which is what so many legal experts have said. the only people that disagreed are people who are speaking about it politically, but the people who speak about it legally exception of folks out

in the left coast spiked the balance high 5g each other what they think a wonderful decision it is president's duty to take care of national security issues not a single jij sitting on bench does not have the he intelligence information to determine what is a threat to america mine that i think. >>. dagen: broader comiksz decision by you ninth circuit court of appeals opens door for judicial overreach judges not elected, limiting the executive powers over foreign policy, alan dershowitz kept talking about standing tappeding is just do you have the legal ability legal right to sue do you show specific concrete injury, and that was one thing, that these two states really didn't show and three judges on ninth circuit ignored that that broadly speaking that is trowelling troubling. >> a political decision not

legal. >> you knew that listening to arguments over the phone questions they asked justice department would were not relevant to the case only have had to decide stand whether that judge in seattle had a right to issue that temporary restraining order. they overstepped. maria: with you read it last night you said. >> i did i think appalling 90% decisions overturned 90% is a problem somebody needs to. >> failing grade most any school i ever heard yeah. >> at this point, next nfl legend bret favre will talk about a new treatment helping to protect players. >> more americans giving up citizenship than before might not be why you think the surprising reason behind the spike. back in a moment. why pause a spontaneous moment? cialis for daily use treats ed and the urinary symptoms of bph. tell your doctor about your medicines, and ask if your heart is healthy enough for sex.

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story a record number of americans are giving up citizenship according to the treasury department more than 5400 americans renounced u.s. citizenship last year that is up 26% over 2015 number climbed since 2010 congress passed a law implementing penalties for unreported foreigner transactions governor huckabee with us this morning i am wondering if this is an issue the president needs to look into all these people renouncing citizenship. >> well if he is i've got a list of people i would like. >> to put on list? >> we will pay their airfare to country of their choice, you know one of the great things about living in america is that you can choose to live here choose to disappear if you don't like things bye-bye. >>. dagen: one of the people turned in u.s. passport was boris johnson, he would -- lived in the united states since five years of age i don't think that is a knock on u.s. is it just --

>> no. >> a devotion to new home. maria: not about the president not about i don't agree with policies initially what you think that is not why this is happening. dagen: if it is that is pathetic. maria: it is pathetic in -- johnson said u.s. tried to hit him for tax on sale of a london home calling move outrageous so look, o foreign born lives in america has a house, and he said ridiculous. >> it is ridiculous but also ridiculous to go after dead people for tir state income, it is one of the reasons we need a complete tax overhaul we should not be chasing people away from america we should be bringing people into america. >> i will encourage all those people who said going to leave united states, when president trump was elected, to the highest office in the land they can you know door is still open. maria: they should go -- want

to go to another planet. >> madonna -- >> i am not saying this is a scientific study from what i can find giving up citizenship is a correction from -- have to do a. >> blow this up make it sound he ooefb leaving not true injury absolutely right why we were all over tax reform yesterday on this program. giving sean duffy hard time among others looks like president is listening, we had great week on "mornings with maria" here is a couple of moments from the show you may have missed. >> what are your thoughts over this court battle over president trump's travel order. >> i think regardless how the people feel about it the president has the authority and the right to do it. >> not only is he doing what he promised to do, he is doing what the statute precisely authorized him 20 do to spend immigration, for the purpose national security purposes, not based on free speech not based on religion but place of origin crystal clear in the law he can dock this.

>> i think there are issue here is not one of security, i think you have to cede that ground to the president talk about problems one of authority typical presidents are granted authority in terms of immigration issues. >> how can america prevent attacks on western soil. >> first of all, sputter spotlight on fact there was a lot more attacks going on than american public are aware of because the media has a tendency to focus on mass casualties note necessarily single casualties. >> can we extended the period of silence elizabeth warren -- >> former president kite surfing with branson having a ball. >> wasn't allowed to surf as president. >> i never -- >> weight of the world lifted off shoulders. >> will doing out a lot of cash can be a great parenting move. >> yeah. >> what do you. >> sounds intuitive but actually these days we never

see cash, kids never see cash, little kids. >> have magic piece of plastic swe itr buy typing on computer don't go into stores make your child first words tax cut. >> what about one says if win of super bowl was not one original national football league teams stock market will go sundown patriots not one of those teams predictor saying it will be a down year michael you say all about policy. sell-off coming soon? >> not because of the patriots won the super bowl -- i don't buy that lady gaga launching very own line of wine. >> will you guys be pouring a glass of lady gaga wine dagen. dagen: air wine drinker. >> i am waiting for gaga bourbon. >> pinot grigio. >> that is kwoo will.

>> tom brady missing game worn jersey. >> i wanted din with brady i think he was busy. >> looking for his jersey. >> how much would you estimate, those things are worth the jersey and the ball. >> right now not looking very good what tom should have done take jersipants with cletes probably half-million-dollar package. >> what do you think happened. >> who knows. >> somebody walked in and picked it up. >> it is you know, think about it deflated his balls al something happening. >> what is the screen. >> the screen, is a pool you know, typical gps that you have any premium model product iphone i want to know integration. >> stuart varney, take it away. >> you take it away. [laughter]. maria: we believe certain

things you can count on. >> what goes down doesn't al come back up. ♪ ♪ we can help at angie's list. because your home is where our heart is.

. maria: welcome back thanks so much for joining me i am maria bartiromo friday, february 10 your top stories right now 8:30 a.m. own east coast. president trump set to meet with japan prime minister today shinzo abe at white house will travel to florida this weekend discussing trade to japan's investments in the u.s., and they play a little golf together, the move coming as president he cabinet is one step closer to being filled a senate confirming tom price as steak of health and human services late last night.

>> if not. cheryl: s 52 nays 47 accommodation is confirmed. >> very latest on confirmations this morning major m&a deal to tell you outo e weebrich company reckitt benckiser reaching a deal to acquire mead, the stock of mead johnson up 5% right now, and this is going to be one of the movers for the markets disney big on europe latest on decision to take near complete ownership of -- >> tesla a union fight --lon musk landmarks out at calls for workers to unionize, markets higher we had a reported setter yesterday we are expecting the market will add on dow industrials up 30 points fractional move all-time high itself, they say honesty best policy how mantra helped one girl scout become

the best cookie seller all time meet her here orange is it new green some are saying one south carolina is modeling himself after our new commander in chief. >> a grueling season for many in the league many endured brian hits causinging continuations concussions a treatment nasal spay it is to begin phase one clinical citizens to joining is former nfl star bret favre founder president, doctor. >> thank you for joining us. >> thanks for having us. >> thanks. >> bret we are having -- happy you are here conversation about you on twitter when we started to promote you were coming on can you tell us about your experience with concussions. >> well, the last play that i played was a concussion we

played outdoors university of minnesota. although i was 40, 41 end of my career that play was an eye-opening experience for me. because it was the first time that i ever actually had gone to sleep if you will, on the turf 15, or so seconds later i woke up and i knew that that what had at an place cobwebs cleared. it was a scary experience concussion talk started getting hot at that time. >> so you are saying the concussion lasted just a few seconds 15 sections, 20 sectio seconds, the aftereffects were i can't tell you when they stopped, but yeah i had

dizziness, headaches last play i ever played, so you know, at 21 scary but at 21 most guys don't really think about it. at 40 it is extremely scary. and we don't know a great deal i don't want to sound like doc here we don't know a great deal but what is important is that we treat it when it happens and that is why we're here. >> thank you for being here for opening this conversation up, doctor can you tell us more about the nasal spray you developed how it works? >> sure can, thank you. the key is to try to get the driving into the brain to the target organ as fast as possible used 14 days symptoms wax and wane make sure we are treating it where it is sort

of rearing its ugly head we don't end up with future problems post concussion sympton posttraumatic stress disorder there is talk about cte early stage dementia, potentially from repeated blows to the headed you give it nationly on field of play, the battlefield ambulance, on the way to the hospital, whatever it maybe but right there the trainer can give it to football player and it can go to work immediately, because by giving it nasally you get a lot of drug quick directly into the brain, at that point, it defuses equally throughout all regions about 30 minutes the key to drug works three different drugs in one because this drug did he fusees into brain celsius stressed out after the concussion stimulates dna, to

produce three products beneficial to try to reduce these concussion symptoms one is increases antiinflammatory effects, number two increases sxregs of water channel pumping fluid off the brain back into circulation stops swelling, and third probably most important is very powerful on it there is a instruction in blood flow you want to get that restored as quickly as possible, because if you are not getting blood to the brain, oxidative stress building up causing more damage to the brain following a concussion. >> over unifiers we have learned more i knowmapping of gene oment 20, 25 years ago at this point set us up to know more about the brain than ever before this has been an issue for a long time bret you

wonder getting your head knocked around for football how are professional sports dealings with this crises what should they be doing differently. >> the concussion protocol in effect right now came along right at tend of my career, has definitely helped. but i think there is no reason were whatsoever that the nfl or other nbab major league baseball soccer doesn't matter should try this. as clinical trial preseason, whatever. and because this is a game he changer my career is over this product is not for me it is for -- i had a concussion, after i lowest here yes for me. but it is not for a concussion i had five years ago. this is for the active players

active military, really you fall in your house right away important, because treating it right way stopping it is the most important factor in all this i think the nfl rather than spending all the monies they he spend on helmets, and you know things that they spend it on i am not saying those are not good, but treat it right then and there, at least give it a try, because it is a game he changer. maria: so doctor, overnight tom price was confirmed as hhs secretary. health and human services do you think he will effect change? >> i do, i think -- you have got a history with of fda of sometimes being more strict, i know sort of overprotect people in my mind versus taking a chance, to really get something out there that can save people's lives change people's lives so a tight rope that you have to walk i think he will do a

great job, he is a physician -- has got a long history of working with other doctors on lines representatives i think he will do a fine job i think obviously the issues with obamacare, that will come up as part of this that i think that it will be a good choice and it will be a good choice to help you know get us more positive drugs approved by the fda. >> i want your take on super bowl bret before you go let me ask you this your recommending the nasal spray do you have fanl interest in nasal spray. >> i am an investor in this company, i believe one of the thanks that i was going to say prior to this, and jake will kill me for this whether his product or a product give it a try don't -- you know that is all that i ask or other players can ask is that you give it a try and treat it right away. maria: what you said doctor

is really incredible stimulates dna that is amazing so we will take a closer look at that before you go let's get your take on super bowl, what game, obviously, tom brady missing jersey. you are a winning quarterback yourself super bowl winning quarterback yourself how big of a loss? >> well, i actually no one really cares but my super bowl jersey from first against new england new orleans i have no idea where it is but non is talking about. >> it your super bowl jersey was stolen also? >> well i don't have it i don't know where it is where it wouldn't. >> you do did you have it that night after you won. >> yeah, yeah, you know what happens is there is a massive celebration, of course, you go into locker room you start -- it is masss confusion. you know unless you take your jersey off your pants stuff put them in a bag, that is

secure, you don't know. because there's people grabbing stuff laundry guys going to assure hugging, champagne, so -- it is can easily get tan i did not know about what memorabilia meant in 1996 a little more common now, so -- i had known then what i know now i would have placed it in a bag because that would have been a nice memento to keep. >> tom brady. >> memorabilia guy on other day, and steiner said this is it is a package of about half a million dollars. >> yeah i don't know if that person whoever has it, has got to be sweating how do you sell it. >> you can't sell. >> it have you seen yours on ebay just haven't seen it no idea where the jersy is. >> have you know, it is the

jersey would be so old, and -- and i honestly -- forgeers are better sometimes i see my name and i am asked if this is actually my signature i have a hard time telling the difference, and so -- they have a lot of time if worth effort to them, you know they can make anything look real these days. >> about incredible would fetch a lot of money your super bowl jersey you won against inside england we don't know where it is but you are right back then weren't talking about items of clothing, as you know raising money and memorabilia. >> yeah. >> well you know, i have -- often -- auctioning off several of my memorabilia from over the years, and it is going through like cherry, tom's jersey could get 500,000. >> we will leave it there bret favsh great to see a you thank you so much doctor, good to

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comrush comrush. 45 minutes from the opening bell check out markets expecting higher opening for the broader averages on top of a record-setter yesterday, the market will open all-time high dow industrials expected up 30 points as you can see there tesla assembly plant workers reportedly pushing to unionize, factory rockerer moran told web site tesla demands too much manned free overtime does not pay enough ceog musk said moran was paid to animaligitate. >> disney owns 896% stake in the park acquiring 9% from princess alwaleed. >> president trump tweeting this morning here is what he

said right now failing new york city major fake news china story saying mr. g. has not spoken to mr. trump since november 14 we spoke at length yesterday. donald trump calling new york times fake news,, of course, that is coming out in tweet right now. >> i call it new york swans paper of the broken record used upon of record now of o broken record. did you want to say something else. >> that is all i a wanted to say new york slime, more on conversation between president trump and prime minister. cheryl: a lot more information on this white house says president trump spoke on the phone with chinese leader xi jinping and agreed to honor one china policy so big conversation the times i guess missed one china ng

as a partner he said he would use it as bargaining chip when it came to economic security issues you may remember president trump upset chinese two months ago when he spoke with leader of taiwan on the phone, lot more coming up today on fox business. we have this, market news big international deal to tell you about this morning no consumer product space britain reckitt benckiser to buy made johnson 16.6 billion, makes cleaners, does give a foothold in the u.s. made makes infant formula. >> paying 90 bucks a share 30% premium closing price yesterday mead johnson up 5% premarket a stock to watch today, headlines, army general promising career to end. army spokesperson confirming three star general ronald lewis he do moted will require

one star general investigation revealed he used government credit card at strip cards in rome and seoul. he served as under ash carter accused of lying with payments. >> and here is something you just don't see every day, an orange alligator 4 1/2-foot long gator found near cherylsstop south carolina because of the color, some are calling it a -- in reality experts say color may come from where gator spent winter probably rusty steel pipe not mar-a-lago. maria: good one a cookie queea girl scout setting sales records due to honest reviews of signature treat back in a minute. ♪

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maria: welcome back honesty best policy when it comes to selling girl kout cookies 11-year-old found court made heedlines e-mail sent to father's rich friend asking him to buy cookies, to send to u.s. troops that went viral offered take on each cookie rating them scale 12 to 10. only cookie to get a 1 the described as bleak flavorless -- i am telling you a flavorless as dirt now sold more than 24,000 boxes of cookies crushing all time sales records, joins us charlotte congratulations. >> thank you. >> breaking records left and right. >> yeah. >> what the situation. >> i broke american record, and international record the same thing, and because you are so honest. >> yes. >> i want to know when got a 10.

>> only one cookie got a o 10 donating to troops. >> which cookie name flavor? >> any flavor, donate to the troops there is a box when you when you buy cookies there is extra box any box troops want or any box delivered the troops get. maria: i think what you want to know what favorite is when one got a nine. >> my favorite is sam moa, nine. >> along with spin mint i love them so much. >> i agree with you. one hundred percent. >> third of favorite gl scout cookie came out i think really good, goes with girl scout and has one of five girl scout badges on the back of it you can check see when badge you have. >> you are still selling.

>> i want you to know qvc on line want you to come to work for them starting tomorrow. >> i want to thank you for supporting troops they pressure it. >> thank you, you are a rock star. >> you are, come back soon. >> okay. >> thank you. >> congratulations, yes. >> generically outsources coming up final thoughts from all stare panel. be right back. e gorgeous truck. oh, did i say there's only one special edition? because, actually there's 5. aaaahh!! ooohh!! uh! holy mackerel. wow. nice. strength and style. which one's your favorite? come home with me! it's truck month! find your tag for an average total value over $11,000 on chevy silverado all star editions when you finance through gm financial. find new roads at your local chevy dealer.

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>> we wanted to do something special for final thoughts. governor huckabee is with us. breaking news from hollywood, senator shumaker cast for a role in a remake of boys don't cry. and liberal boycott super bowl when everyone doesn't get a trophy and not yards gain. #crymeariver. >> this is fun. when people come back at me and say you're an idiot or ask me to do things that are physically impossible to myself and then. [laughter] delete your account and nobody's paying attention to you, i want to say, you are, your idiot. maria: you just commented on my tweet. >> people take themselves seriously. this is fun for me. maria: the tweets are awesome.

we should point out, we went all over tax reform, dagen. dagen: you guys in the house better get something done, three months, hurry up. maria: and they did. not yet, but president trump is promising us tax reform package in an um couple of weeks. charles payne is filling in for stuart this morning. over to you. >> thank you very much. stuart will be back on monday, for now, the big story, it's a day of rage in iran. hundreds of thousands pack the streets on anniversary of that country's revolution and they are chanting, "death to america", this is only 12 hours after a federal appeals court upheld the suspension of president trump's travel order. iran one of those where travel was halted. he tweeted see you in court, the security of our nation is