a judge panel hearing the refugee pause earlier today. listen to this. >> whatever the bad faith exception is, to to say the commander-in-chief and multiple members of the cabinet acted pretextually, i think require the strongest showing for that sort of remarkable holding, and i just don't think plaintiffs have put together the kind of record. no one has ever attempted to set aside a law that is neutral on its face and neutral in operation on the basis of largely campaign trail comments made by a private citizen running for office. >> what would an objective observer view these statements as? and as the district court found, it would view them as an establishment of disfavored religion of islam. we're not saying that -- we're not in favor of psycho analysis or trying to get into the president's head. you don't need to affirm the district court. you just must simply aask what would an objective observer think with these sorts of statements? >> tonight an attorney who says our nation's federal judges aren't treating this administration the same way they treated president obamas. also tonight expert reaction from foreman governor mike huckabee colonel allen west and economist benstein. law and justice jordan joins me now. the trump administration took the religious wording out of that last order. that was the most objectionable thing. so why doesn't this version move forward? >> well, you bring up an interesting point, gerri. the first time around in court, the focus was on due process constitutional concerns. and the second time this is in court, this is now -- not the actual text of the executive order but the argument today really focused in on statements made by president trump when he was a candidate. statements on a campaign website, not on the white house website. not on the government website. and can you impede those into the actual executive order? which the text of, the attorney against this executive order was asked directly, and he was for president obama. he was asked directly if this was a different president, would this be a different situation? he said, yes. >> right. and, well, it's confusing because, you know, the objection is, hey, what did the president say before he was elected? we're going to use that in a court of law. big questions about that. the judge's pressing both sides today on whether trump's compensates during the campaign are relevant. take a listen. >> has the president ever disavowed his campaign statements? >> over time, the president clarified that what he was talking about were islamic terrorist groups and the countries that shelter or sponsor them and over time, he and his advisers clarify that what he was focused on were groups like isis and al-qaeda. my opponent quote to admit tens of thousands of refugees from the mid-east would try to take over our children and convince them how wonderful islam is. >> mr. president, this statements are profound. i mean, i'm familiar with them and read them and everything else. but it is a little bit concerning, though, that those statements take place during the midst of a highly contentious campaign. >> what's so confusing here, should this comments made before the election, before donald trump was president, should those be relevant? >> no. and what you have here is a situation where you've got a preliminary injunction issue, gerri, before we've even seen this executive order go into effect. so no one is challenging the actual effects of this order. they're challenging the -- it's called a facial challenge. the words of the order. so they're trying to add what president trump said on the campaign trail. i just want to be clear to everyone. this wasn't a maid up ban. this wasn't random countries pick. this was six specific countries picked because based on intelligence from the obama administration, plus a refugee pause. and we're talking about 90 and 120 days here. not forever bans or forever no refugees in america from islamic countries. six specific countries and a refugee pause to get our system into order. and we've even shown this administration showed it was ready to work with the countries on this list like iraq. and when iraq says wait, we don't want on the list, they said here's what you have to do to fix it, they did, and they weren't on the list the second time around. >> you made great points there. the administration also arguing today that refugees aren't protected under the u.s. constitution. take a listen. >> the denial of entry to aliens abroad is generally not reviewable because this aliens don't have any constitutional rights. u.s. citizens can attempt to argue that their own constitutional rights have been infringed by the denial of entry. the problem here is hawaii doesn't have any rights to claim under the establishment clause of the due process clause. this order is aimed at aliens abroad who have no constitutional right? >> highly contentious again but why is this an issue with refugees if they don't have rights under our constitution? >> yeah. it's not to be mean, you know? i think that that's the point. it's not a mean statement to say if you're outside of the united states, you haven't filed any information, so you're totally unknown to the united states at this point in time. and that's how this executive order is written. if you've already got a green card, a visa, you're treated differently. but if we don't know you at all, you don't have rights. it's not a mean statement. it's just a legally factual statement. and it's interesting in this case, a mom in hawaii who's trying to allege that syrian mother because she could be affected by the immigration portion of this, she wants to emigrate, how she can exercise her constitutional rights. you see then the issues this would create for anyone who has got any kind of relation whatsoever to someone in the united states, even when you're talking about, again, for his mother, this is temporary. it's not saying she could never come to the united states. it's saying we need 90 days to figure out because the situation is so bad in syria, we need 90 days to figure it out. >> and american safety hangs in the balance. jordan, thanks for helping us out tonight. appreciate it. >> thanks, gerri. >> an fbi reports that 300 refugees are subjects of terror investigations within inside the united states. this as a report says death for terrorism increased by 80% from last year also the intensity of terrorism also increased. with the number of countries suffering more than 500 deaths from terrorist act more than doubling. but attorneys against the administration today argue that refugees pose no threat. listen. >> the government points in executive order to really only three things. they point to two people from iraq who committed crime, but iraq is now exempt from the executive order. and someone from somalia who came here with a refugee when he was two years old and created crimes when he grew up but the executive order excerpts. >> former presidential candidate and former governor mike huckabee is with me now. governor, okay. sir, who's right? the fbi or the attorneys against the administration? >> well, that's an easy call. i mean, you have to trust that the people who are doing investigations of the refugees and actually have information and aren't just out there making political statements but are trying to protect americans, we might want to listen to them. and that's what all of this has been about. the judges and the lawyers who are arguing against what the president is trying to put in place, which is as correctly said a moment ago, it is not a ban. let's face it. those judges and lawyers, they don't have a clue about national security. that's not their area. and under the law, they need to trust the executive branch who does have the constitutional and statutory authority to deal with this. >> well, that's right it's not a ban, a temporary pause, a 90-day pause. the attorney arguing today ruling against the president would severely limit his ability to protect americans. listen to this. >> if you really take the argument seriously, i think they're committed to the view that under 1182f even if the president got actionable intelligence tomorrow that let's say a libyan national were attempting to enter the country but the president didn't know his identity to commit some terrorist act. they would say, well, the president can't suspend entry for some short period of time because that's a national-based immigration. i think it would raise constitutional concerns, the court has the never read the statutes to conflict in that way. >> well, is this right, governor? does this make us less safe? >> it absolutely does. and what makes this does is trying to argue a policy request he. the only thing in front of me is whether or not the president has the legal authority. they don't have to agree with it. they can think his policy is plane nuts, and they can it is. and what they cannot do is take his power and authority away from him just because they don't happen to agree with it. that upsets the separation of power. and you can't have the judicial branch acting like it's a super branch of government. that's no longer a check and balance. that's where one branch now has assumed a power that the constitution never gave it, taking away the power of the executive branch, which the constitution clearly did give it. that's what's disturbing. >> well, the trump administration attorney says reagan and carter did the exact same thing, governor. take a listen. >> unless you say that the president is disabled, every president permanently from making any nationality-based distinctions under 1182s, reagan with the cubans or carter with the iranians, unless you take that road, i don't think there's any way to read the statutes that could provide the basis here. >> so is the president being treated unfairly and why? >> well, he is being treated unfairly. but why is pretty obvious because there are some people who still cannot accept the fact that weathered like it or not, he took the oath of office, he is the president. hillary isn't the president. and these judges aren't the president. i'm so frustrated in this notion, and i guess a totally false and dangerous notion of judicial supremacy that some unelected black robe lawyer sitting in a courtroom in washington state or hawaii or anywhere can userb the duly elected president of the united states because he just doesn't like what trump said during the campaign. gerri, let's all step back and say is scares the daylight out of us because it ought to. we cannot let that run away activist judiciary take root in this country. it destroys everything that we have in terms of what we have as a system of checks and balances, and they're totally out of balance with judges who are off the rails like these. . >> well, there's a lot to be afraid of i think here, governor. thanks for coming on and talking to us about it. >> thank you, gerri. >> and oil rising 2% today after saudi arabia and russia pledge to extend their cuts to oil output through march of next year. but it's the third week of falling gas prices. the current national average is $2.30 for a gallon of regular. that's down 7 cents from a month ago. coming up, my next guest says president trump told college grads to never, ever give up, challenge eve evil, and worship god. democrats on the other hand len west is there to speak out. there he is. coming up next think your large cap equity fund has exposure to energy infrastructure mlps? think again. it's time to shake up your lineup. the alerian mlp etf can diversify your equity portfolio and add potential income. bring amlp into the game. before investing, consider the fund's investment objectives, risks, charges, and expenses. read the prospectus carefully at alpsfunds.com/amlp will you be ready when the moment turns romantic? 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. do not take cialis if you take nitrates for chest pain, or adempas® for pulmonary hypertension, as this may cause an unsafe drop in blood pressure. do not drink alcohol in excess. to avoid long-term injury, get medical help right away for an erection lasting more than four hours. if you have a sudden decrease or loss of hearing or vision, or an allergic reaction, stop taking cialis and get medical help right away. ask your doctor about cialis. trump: never, ever give up. there will be times in your life you'll want to quit. you'll want to go home. perhaps for that wonderful mother that's sitting back there watching you and say, mom, i can't do it. go back and tell mom, dad, i can do it. i can do it. i will do it. you're going to be successful. the fact is no one has ever achieved anything significant without a corious of critics standing on the sidelines explaining why it can't be done. nothing is easier or more pathetic than being a critic because there are people who can't get the job done. but the future belongs to the dreamers. not to the critics. gerri: now, there is somebody who is relentless, president donald trump. delivering inspirational words to the graduating class at liberty university. speeches by democrats on the other hand seem to be promoting division, one even telling college grads to quote go get in trouble. >> whether we are talking about economic justice, or we're talking about social justice, racial justice, or global warming. if there was ever a time in history for a generation to be bold and to think big, to stand up and to fight back, now is that time. >> and whoa does the world need you right now. really, the struggle is real out there. it is real. >> go out there, get in the way. get in trouble. good trouble. necessary trouble. and make some notice. gerri: joining me now, retired lieutenant colonel allen west. i've got to tell you those words from democrats, pretty grim; right? would it be better for them to empathize inspiration over desperation? >> no. you're absolutely right. when i found the best address, i go back to the naval commander that he gave to the university of texas. it's about spiring them that there's nothing they can't accomplish. but also talk about how they live in the greatest nation that the world has ever known, and i think this is the difference in the tone that you hear is one group is telling people to go out and fight for a certain political agenda while another is saying go out and fight and achieve your dreams. you know, this country is about a pursuit of happiness. it's about life and liberty. it's not about, you know, a government that's trying to guarantee happiness. and i think that when we look at these commencement addresses, we need to ask people that inspire young people to go out there and reach for that brass ring. gerri: couldn't agree more. but, you know, on college campuses today, it's a no trump zone. maybe because this is what happens when they too. take a listen. >> thank you, so very, very much for this great honor and privilege. [booing] i am honored to become a wildcat. gerri: wow. that was education secretary betsy devos being booed. they preach tolerance, they preach open mindedness. but is that only for liberal causes and ideas? >> well, it appears to be that way. you can go ahead and look on youtube from a response that i got from some individuals at st. louis university. you know, what we have to come understand, it was a couple of years ago when rutgers university the students denied the rights to go be a commencement speaker there saying that she did not have requisite experience. but yet a couple of years prior to that they had the reality tv show star, i guess, snookie gave the commencement address, and then we also had will ferrell singing i will always love you at the graduation for usc. so i think we need to have the ability to go on college campuses and have both sides of thought because that's what this country is about. you can't shut off one side of thought, one ideology or one way to look at these issues because you're doing an unfair advantage to young people that are going out into the workplace. gerri: you make a very good point. it should be equal time for different points of view. you mention will ferrell. we actually have this sound from the university of southern california. his speech there. listen to this. >> should as you have a moment where you feel a little bit down, literally picture my face singing this song. ♪ and i will always love you. ♪ gerri: you know, i love that because it sort of pokes them for being that they are so often. what do you make of it? >> well, it's interesting because on one side, you have will ferrell saying when you get a little down, think of myself singing this song but when you have the president saying when you get a little down, say to yourself that you will not surround, that you will not quit go to the great words of sir winston churchill, and i think those are the types of words that our young people need to hear so that they can continue the legacy of this constitutional republic that soon will serve 242 years of existence. gerri: colonel, thank you for coming on tonight. appreciate it. >> my pleasure, gerri. gerri: and authorities finding out how to protect yourself from global hack attack. we'll tell you how. and how the media is comparing president trump to watergate. guess who isn't making that comparison? the guy who broke watergate. bob woodward of woodward and bernstein. agrees and he's here to talk about it. stay with us [vo] when it comes to investing, looking from a fresh perspective can make all the difference. it can provide what we call an unlock: a realization that often reveals a better path forward. at wells fargo, it's our expertise in finding this kind of insight that has lead us to become one of the largest investment andhe country. discover how we can help find your unlock. >> the concern that monday when everyone returns to the office that the -- this ransomware attack will be even larger. this is a very serious problem, and i think it's going to grow. gerri: former director of national intelligence james clapper warning the ransomware attack called want to cry that hit at least 300,000 organizations in 150 countries may get even bigger. earlier today homeland security expert tom said although hospitals, corporations, and government agencies around the world were infected, there's only a small number of infected partners in the u.s., including fedex, which finished the day in the green. fox business has been following the story. she joins me now. hello, tracy. >> a little bit of argues news we're hearing from the homeland security limited number of u.s. companies were hit by the ransomware over the weekend. but today as you said some 300,000 systems around the world in 150 countries scrambled to cleanup after the massive cyber attack. the ransomware appears to exploit a vulnerability in microsoft windows that was reportedly identified by the u.s. national security agency and later leaked to the internet. the hackers demanding 300 to 600 in digital currency bitcoin. homeland security tom says so far they haven't gotten much from their victims. >> it appears less than $70,000 has been paid in ransom, and we're not aware of payments that have led to any data recovery. >> now, it has been a big day for cyber security stocks on the heels of friday's attack. investors anticipate a growing demand for online security. and companies around the world brace for future attacks. according to the fbi, the total cost to corporations infected with ransomware ballooned to an estimated $1 billion in 2016. intelligent and law enforcement officials said they fear want to cry may foreshadow a wave of similarly-damaging attacks. gerri: well, tell me what can you do to protect yourself? >> you know, first, you back up your data on a hard drive. second, you pay attention to those updates. that's one thing we're really seeing on this. gerri: i'm so bad at that. >> you've got to do those updates. that's what we're seeing. the people who have been infected, they haven't done the updates. and that's what the online security companies say you have to have good -- they call it good security hygiene. so that means open e-mails that are only from people you know. don't download anything from somewhere you don't know. gerri: that makes a lot of sense. but, you know, you look at this, and you step back a couple of pages, this is just simple extortion. this is really ultimately an old-fashioned crime; right? >> it is. they're holding these crimes hostage. these companies can't do anything. and as we saw, the homeland security adviser says they're not getting their material back. if they do pay the ransom, they haven't gotten anything back. gerri: if they've paid the ransom, they haven't gotten anything back. >> they haven't gotten anything back. gerri: that's ridiculous. so they're paying in bitcoin; right? so is that harder to trace? >> it is because they're not sure exactly where it's going. who it's going to. gerri: wow. this is scary stuff. tracy, thank you so much for bringing this to us. really appreciate your help. cyber security stock end the day up today as the white house confirms about 300,000 computers and 150 countries have been hit with that want to cry malware. and after comey's legal firing, liberals are still hot on comparing president trump action to nixon's watergate scandal. but if we say who isn't making that comparison? the guy who broke the watergate scandal bob woodward of woodward and bernstein. we'll play you the sound. former nixon speechwriter is here to tell us all about it. fd everything in our living room. we replaced it all without touching our savings. yeah, our insurance won't do that. no. you can leave worry behind when liberty stands with you™. liberty mutual insurance when liberty stands with you™. gave us the power to turn this enemy into an ally? microsoft and its partners are using smart traps to capture mosquitoes and sequence their dna to fight disease. there are over 100 million pieces of dna in every sample. with the microsoft cloud, we can analyze the data faster than ever before. if we can detect new viruses before they spread, we may someday prevent outbreaks before they begin. brtry new flonase sensimists. allergy relief instead of allergy pills. it delivers a gentle mist experience to help block six key inflammatory substances. most allergy pills only block one. new flonase sensimist changes everything. .. .. >> obstruction one of the articles. the whole echo of watergate. this is richard nixon on steroids. some liberals continue to compare president president trumps firing of fbi director james comey to nixon's watergate. they eventually lead to nixon's resignation warned against making such a comparison. it's not a clear crime. they should be answered. there is no evidence that president trump at this point was somehow involved in collusion here. what you say the man who uncovered watergate. he shuts down this comparison. >> i want to say he did not and cover watergate. carl had as much to do with it as bob did. there was very little close connection. but that being said a tru genius the lion of american journalism. there is no crime that has been shown here. there is just gossip, gossip, gossip. when you get there there is no crime. the idea that they were there. said how mr. trump is just plain there. it was just nonsense. i don't think they like each other very much at all. is just something that's not real. and by the way that's true. bernstein was right in the middle of that also. why does the media continue with this comparison. you know it's only going to get louder. they even did a show from the watergate hotel. >> i own some property and i was interviewed from the big show. when we just got back. it's the most wonderful town in america. they are not enemies of nixon. and they are not buying it. i think if the election were held tomorrow mister trump would would my even more. not the georgetown parlor. i think out there. is the means date. i want to switch it up. they seem to have a new catchphrase. we cannot function without trust. if anything it's can make them want to get to the bottom of this more. i'm pressing as quickly as possible to continue with this investigation and get to the bottom of what is going on. now all of this coming as the russian president went on to blame the u.s. for the recent was to figure out here. were in collusion but were being attacked by the russians. none of this makes sense. it's in an all-time an all-time low. if mister trump where the servant of mister pugh i don't think think you be saying that. there's something so crazy here. they will use any angle. there's any angle that they're using to smear mister trump. they will try anything to hurt them. if something comes out something comes out. meanwhile there was plenty about mrs. clinton and destroying their computer. that has completely forgotten. and if they're going after as if it was high treason. present trump saint today the new fbi director is moving rapidly. if you come as soon as friday. they are interviewing several candidates over the weekend. john cornyn of texas, two female candidates. of the former bush administration officials. but democrats plan to block a new fbi director until a special prosecutor on russia is appointed. >> he wants the democratic party to refuse to vote on the nomination of a new fbi director until a special prosecutor is appointed. >> i think there are a lot of democrats who feel that way. i would support that. what do you think of this demand. if you bring the indictment. that reason compels him. a special prosecutor is guaranteed ticket to hell for mister trump and divisiveness and not getting anything done in congress or this country as long as a special prosecutor is working his magic. that we already had ten investigations. how many do you need. the fbi is investigating this. they are the finest investigative body of the world. some special prosecutor second be able to find anything. thank you so much for coming on the show. moving on now to miss usa. the winner now being criticized unforced -- social media. also a grassroots campaign is now calling for the impeachment of all the details g up. >> do you think affordable healthcare for all u.s. citizens is a right or privilege and why. >> am definitely get a say as a privilege. i am granted health care and i see first hand that for one top health care you need. >> do you consider yourself a feminist. >> we are just as equal as men when it comes to opportunity in the workplace. kara mccullough she is a nuclear scientist who doesn't like to call herself a feminist and says healthcare is a privilege. she was crowned miss usa. she represented the district of columbia ignited social media firestorm. we will take it to our political panel. and the democratic strategist. i thought this was fascinating what is equal is impaired she described him so herself a saint that's what it's all about. >> isn't that what feminist software. i dig what she's think what she's talking about is what millenials say feminism is today. they do believe in political opportunities the same for men and women. >> i applaud her for speaking her mind. think of the untold number of americans who are sprayed to state what she said. she is beautiful, she is young she's not into that march lock step what the liberal mindset is. they want to make people to be a victim. she is the total opposite of their messes. it gets worse. the conservative commentator said feminism is detrimental to both men and women. it is detrimental to men it's even more detrimental to women because by demonizing into meaning our brother here in the human species by attacking our counterpart are actually doing ourselves a disservice. >> i do agree. this is the message that young people need to understand. >> this young lady was really brave to say what she said. and the mob just came out against her. she mentioned it hard work, people being employed economic opportunities that is what america is all about. and everybody has the initiative and drive to do those things. there be successful. he is the degraded the degraded meet in order to raise it up. i agree with you i think we are talking around the issue that's not helpful. there's a long way to go. i think that's maybe what they been saying. >> in your heart of hearts is your woman that people talk about all the time. equal opportunity. here is this a big big award. how terrific is that and how do you sort of bring it down when she's talking about things like self reliance. she should be celebrated for her efforts and what she's done. she is in her young 20s. it is the liberal amount. she's not in how they think and agree on. i think it's an amazing message and she is a great role model. i think the question about whether it's a privilege or right. i think self-reliance is that. employment is needed to work. take care of everybody. we are off topic a little bit. i appreciate both of you being here today. great job. alright big breaking news in business. were to go through some big hedge funds. it decreases its holding an automatic data processing by 41 percent. john poulsen eliminated his stake in taking a new stake in t-mobile and increasing his stake in fed ex. and more than tripling its stake in microsoft. the tables are turning on california democrat maxine waters. a call for president trumps impeachment. we have the details coming up time's up, insufficient we're on prenatal care.es. and administrative paperwork... your days of drowning people are numbered. same goes for you, budget overruns. and rising costs, wipe that smile off your face. we're coming for you, too. for those who won't rest until the world is healthier, neither will we. optum. how well gets done. thereit comes to technology, about my small business so when i need someone that understands my unique needs. my dell small business advisor has gotten to know our business so well that is feels like he's a part of our team. with one phone call, he sets me up with tailored products and services. and when my advisor is focused on my tech, i can focus on my small business. ♪ ♪ >> i know something is wrong with this person and he doesn't deserve to be president. i know something is wrong with this person and he doesn't deserve to be president. i think jeff sessions is very dangerous. i think he is racist. all of these people who were organized but these gas admissions. it's a bunch of scumbags. if we can prove collusion that he is impeachable a lot of people don't want to talk about that i do. the california democrat maxine waters now under attack for her controversial statements about present trump. a grassroots street campaign calling for the impeachment of maxine waters. in this abusive marriage by divorcing yourself from the democratic party even thinks -- fake street signs were there. greg jared joins me now. our voters turning against her. she is a little bit like the crazy aunt in the attic. the latest as she's kind of appointed herself that she is prosecutor for the impeached trump crowd and she said i personally believe there was collusion when asked what evidence you have is more like a hunch fortunately lesson 300 of them required evidence. that's not what americans are all about. that present trump gets two scoops of ice cream while guests get one. they are trying to paint him in a negative way. how low are you going to go. >> it was way beyond just stupid and silly. it's a kind of person that really seizes upon that sort of stuff it's not a crime for the president to fire the fbi director it's not a crime to ask somebody to be loyal whatever that means and i'm not sure i understand what that means. but her latest rant is he should be impeached for firing the fbi director even he said i can be fired for a reason or no reason at all and it hardly constitutes obstruction of justice since the new acting fbi director has made it abundantly clear in his testimony the fbi director -- is obstructing nothing. you remember how it was both for and against firing james comey. listen to this. do you think without credibility they would've been best served in this. if the president had signed him when he first came in he would not had to be in a position now where he's trying to make up that. if hillary clinton had won the white house would you have recommended that she fire them. given what he did to her and what he tried to do she should have fired him. >> this is confusing. it's hard to make sense of nonsense. she is the hypocrite. not only does she claim it's wrong for him to fire trump you scratch your have over that one and even she couldn't explain her own nonsense. she's also a hypocrite because not long ago she denounced call me suggesting he should be fired. and now suddenly she is outraged that he should be fired. she has a long and distinguished history of professional failure. her district in los angeles and i used to live in la for 25 years as a monument to blight and crime while don, maxine hats off to you. thank you so much for coming in. and did you make money today. find out right after this. when i received the diagnosis, i knew, whatever it takes, wherever i have to breast cancer treatment is continuing to evolve. ctca is definitely on the cusp of those changes. eally focus on taking the time with each individual patient so they can chse the treatment appropriate for them. i empower women with choices. it's not just picking a surgeon. it's picking the care team, and feeling secure where you are. visit cancercenter.com/breast appointments available now. ltry align probiotic.n your digestive system? for a non-stop, sweet treat goodness, hold on to your tiara kind of day. get 24/7 digestive support, with align. the #1 doctor recommended probiotic brand. now in kids chewables. the gains of the basic material. charles payne is here with making money. good evening. they were just talking about the market. the mainstream media plays the game of a political dacha and of course they painted this administration has spiraling out of control. it forgets the report. the much broader economic news that is on the main street these days. it is paced by the continued uptake. the first time this happened was the first time it happened and more than a decade and it expanded. they are doing a lot more than just kicking the tires. a staggering 8504000 -- 854,000