First 100 Days

Wallace: Court decision a 'slap in the face' to Trump admin; Siegel: Price aims to restore doctor-patient relationship

This is a rush transcript from "The First 100 Days," February 10, 2017. This copy may not be in its final form and may be updated.

MARTHA MACCALLUM, FOX NEWS HOST:  Breaking tonight, reports that the White House is pushing ahead on securing the nation's borders in another packed day wrapping up the most dramatic week yet in a new presidency.

I'm Martha MacCallum and this is "The First 100 Days."

So the last five days marked by the administration's first court fight major moves in the Senate, putting the cabinet in place.  Culminating with new reaction from the president to a decision blocking his new national security policy and that's just Day 22.

So earlier, Vice President Mike Pence swearing in the new Health and Human Services Secretary Tom Price happened in the middle of the night.  The president now has his man to take up the pledge to repeal and replace ObamaCare.  More on that straight ahead.

Also, today, the president hosting the prime minister of Japan.  And weighing in on last night's decision, putting the brakes on his, quote, "Extreme vetting orders."

(BEGIN VIDEO CLIP)

DONALD TRUMP, PRESIDENT OF THE UNITED STATES:  We had a decision which we think will be very successful with.  It shouldn't have taken this much time because safety is a primary reason.  One of the reasons I'm standing here today is the security of our country.

The voters felt that I would give it the best security.  So we will be doing something very rapidly, having to do with additional security for our country.  You will be seeing that sometime next week.  In addition, we will continue to go through the court process and ultimately I have no doubt that we'll win that particular case.

(END VIDEO CLIP)

MACCALLUM:  So there you have it.

Chris Wallace host of "Fox News Sunday" is here in moments on reports the White House is working on a new version of the language in that travel ban order.

But we begin with Dan Springer live in Seattle, where this legal fight stands.

So, Dan, what comes next?

DAN SPRINGER, FOX NEWS CORRESPONDENT:  Well, what comes next is what we expect from, you know, President Trump next week.  You know, he has four basic options, Martha.  And it sounded like from his news conference today, he might take two at the same time.

Let's look at those four options.  One would be to appeal to a larger panel of the Ninth Circuit.  It's called an en banc hearing.  That would be 11 judges picked randomly from the remaining 26 judges in the Ninth Circuit.

He could appeal to the U.S. Supreme Court and he could try the case on its merits in District Court.  He seemed to suggest he would do that by saying that he will win eventually.  The fourth option would be to rewrite the executive order.  Make it clear that legal permanent residents such as green card holders are not affected by the travel ban.

The White House Counsel tried to clarify that when it comes to enforcement. But it was after the fact.  So, if the case goes back to Judge Robart, we know that a schedule could happen as soon as next week where we have briefs, and Judge Robart as I said, in his ruling, in issuing the TRO said that it is likely that the state of Washington would win on the merits of its case.

Let's hear from Bob Ferguson, the attorney general of Washington.  After the ruling last night, he gave the president his own suggestion.

(BEGIN VIDEO CLIP)

BOB FERGUSON, WASHINGTON ATTORNEY GENERAL:  The president does have a choice.  He can continue to fight this or he can tear up this executive order and start over.  I would strongly encourage him to consider the latter course of action.

(END VIDEO CLIP)

SPRINGER:  And here's the catch, Martha.  If the president does issue a new executive order, there is nothing to say that Bob Ferguson and other states wouldn't sue for blocking that one as well.  So we will have to see how it plays out, what the Trump administration does next.

Martha?

MACCALLUM:  All right.  Dan, thank you.

So attacks on President Trump coming fast and furious.  Moments after that decision was announced, within minutes Hillary Clinton tweeted, "3-0," a reference to the unanimous decision of the three-judge panel to continue the block on the president's orders.

The counselor to the president Kellyanne Conway fired back this way, "Pennsylvania, Wisconsin, Michigan," period.  She wrote.

A reference to the three states that Clinton lost, costing her the White House.

Chris Wallace, host of "Fox News Sunday" here on that and a lot of what we have seen happen over the course of this week.

Chris, good to have you with us tonight.

So, looking at this week, you know, and looking at the hit that the Trump presidency took from that decision last night, how lasting do you think that is?

CHRIS WALLACE, HOST, FOX NEWS SUNDAY:  Well, I don't know how lasting it is, but it was a substantial hit.  I mean, think of the fact, as you say, we are now into Day 22, and here in the first three weeks of the Trump presidency, you have a federal Circuit Court of Appeals.

Yes, I know that they are the most left wing court, yes I know they are the most reversed by the Supreme Court.  But it's still a Circuit Court of Appeals basically saying that the president did not make a persuasive case that this travel ban was necessary to protect national security.

So the court is saying that they side with a judge and with the attorneys general of Minnesota and Wisconsin against the president of the United States on the issue of protecting the country.  That's a real slap in the face.

And the other point is the fact that we are talking about this right now, there is an awful lot to the Trump agenda -- protecting jobs, tax reform, ObamaCare, trade, infrastructure, all of those issues, all of the oxygen about them is being eaten up in this long, difficult and ultimately unsuccessful fight over the travel ban.  You wonder if this is how the Trump administration wants to proceed.

MACCALLUM:  Yes.  And it's a great point.  And you couple that, Chris, with the fact that the word earlier today was that, you know, they are going to rework this order.

I heard Judge Napolitano talking about earlier in saying, you know, really it needs to be bullet-proof.  You know, when you put this order out in the first place, it had to be legally bullet-proof.

That would suggest that there were just -- that it was sloppy.  That there were missteps in the way that this thing was written.  So this doesn't have to be the main story.  Perhaps it is an indication that they should have handled this differently.

WALLACE:  Well, you got that admission from the new secretary of Homeland Security General John Kelly, who in a congressional hearing said that it had not been rolled out properly.  He took personal responsibility which is a very unusual thing in Washington for anyone to say blame me for it, but in fact it wasn't his.  It was mostly the White House and the top aides around President Trump.

But, yes, it was sloppy.  It was sloppy in the way it was drafted.  The way that it was rolled out.  The lack of consultation with top administration officials.  The lack of consultation with congressional leaders.  And, again, we have spent a week, a third of the presidency on this subject. There are so many things that this president wants to accomplish and I wonder is this the most important?

MACCALLUM:  Steps on the message.  So let's move on to some of those other issues.  Today, he met with Prime Minister Abe from Japan.  He is bringing him this evening back to Mar-A-Lago to play some golf.

You know, it's an interesting way of dealing with these foreign leaders. And he is building relationships with China as well.  He went back on the "One China" statement that he made right after he became president.

What's your take on how he is doing on that front, Chris?

WALLACE:  Well, it's interesting.  He, in an interview with me in mid
December for "Fox News Sunday," I asked him about the call with the Taiwanese leader, and he, in effect, said, well, you know, the "One China" policy which has been in place since the 1970s that we recognized Beijing, mainland China as the only government of the Chinese, he said that's up for grabs and that will be a negotiating tool with a bunch of other issues that we have with the Chinese, and the South China Sea, with the valuation of their currency.

And then there was a front-page story in "The New York Times" today saying that since those commence that President Xi, the president of China, had refused to speak to him.  So the president -- President Trump had to back down, agree, yes, we're going to recognize the "One China" policy and he got his conversation.  And I think this is a work in progress, a continuing education that when you are the president as opposed to a candidate, everything you say is very carefully scrutinized.

And when you are upsetting decades of established policy in terms of relationships between countries like the U.S. and China, it's not taken lightly by foreign capitalists.  You've got to be really careful on what you say.

MACCALLUM:  Yes.  Quick comment on the Kellyanne Conway situation.  And does it sort of, you know, go forward from there?  Do they have to be careful about the way they discuss the tangential business relationships that exist all across the family?

WALLACE:  Look.  There are a lot of people that have said that this is just going to be a continuing problem that President Trump did not adequately separate himself from his business interest.

I got to say, though, the spectacle of Kellyanne Conway, a counselor to the president in the White House briefing room.

Remember, she is our employee, where she is paid a government salary shelling for Ivanka Trump and saying go out and buy Ivanka products, that was so far over the ethics rules about conflicts of interest and the blurring of private and public that a really conservative and loyal Republican like Jason Chaffetz, the chairman of the House Oversight Committee, agreed to launch an investigation as to whether this was a breach of ethics rules.  They have got to clear this up.

MACCALLUM:  All right.  Chris, thank you so much.  Good to see you.

WALLACE:  You bet.

MACCALLUM:  So don't miss, Chris, this week on "Fox News Sunday."  He has an exclusive interview with Democratic Senator Ben Cardin, a ranking member on the Foreign Relations Committee.  They will have a lot to discuss.  That airs right on FNC at 2:00 and 10:00.

Also, tonight, California pressing the Feds for answers as fears grow that the West Coast could be seeing a major immigration crackdown.  Is that really what's happening?

Pete Hoekstra and Richard Fowler up next on that.

Plus, voters are making new demands of Republican lawmakers.  And they are not being shy about what they want.  See what that means for the country. Awkward moment, straight ahead.

(COMMERCIAL BREAK)

MACCALLUM:  Developing tonight, political leaders in California are now pressing the Feds for answers after a series of immigration raids led to protests erupting last night in Los Angeles.

Marchers blocked a major freeway in the middle of fears of a massive immigration crackdown that they fear could be looming.  Law enforcement saying that this is business as usual.  Though some Democrats are suggesting that the timing is more than a coincidence.

(BEGIN VIDEO CLIP)

REP. JOE CROWLEY, D-NY, CHAIRMAN, HOUSE DEMOCRATIC CAUCUS:  The timing is interesting, to say the least.  In light of how the president does react in terms of when times don't go so great for him, a distraction, take attention away from a loss, an incredibly important loss, but a win for the people of the United States that the constitution and its values still stand.

(END VIDEO CLIP)

MACCALLUM:  So there is that.  For more on this, we go to correspondent Adam Housley in our West Coast bureau.

Hi, Adam.

ADAM HOUSLEY, FOX NEWS CORRESPONDENT:  Hi, Martha.

Yes, Immigration and Customs Enforcement, ICE, originally says it's basically been business as usual.  We've got on a raid with them a number of times in recent years.  They say they are going after the criminal elements specifically in Southern California.  Basically that nothing has changed with the addition of a new administration.

Now, this revelation comes as protests continue in California.  This protest tying up downtown Los Angeles and shutting down a major freeway.  Immigration activists say they will continue to disrupt, protest, do what they can to insist that this is unlawful raids and treatment of immigrants is unlawful.  The most recent raids in Southern California resulting in about 100 people detained.

(BEGIN VIDEO CLIP)

ANGELICA SALAS, CHIRLA EXECUTIVE DIRECTOR:  We do not want to have this be common in our community, not in Los Angeles, not in California.  And every time that they're going to take these kinds of actions, you are going to receive this kind of response from us.

(END VIDEO CLIP)

HOUSLEY:  All this comes the day after the deportation in Arizona of Guadalupe Garcia De Rayos.  The 36-year-old mother of two was convicted of felony identity theft in 2009 and had been ordered to voluntarily deport in 2013.  After checking in with ICE, they took her into custody and released her across the border in Nogales the next morning.  While some say she shouldn't have broken the law in the first place, her family says they will continue to fight for her.

(BEGIN VIDEO CLIP)

JACQUELINE GARCIA RAYOS, DAUGHTER OF GUADALUPE GARCIA DE RAYOS:  I'm here to see my mom because like last night it was -- I felt so unease without her.

CHRISTELE WILSON, MESA, AZ:  I feel like she should have done it legally.  I do.  I mean, it's sad that she had to leave her family and stuff that makes my heart really sad.  But, we have laws for a reason.  We have laws for a reason.  That's how I feel.

(END VIDEO CLIP)

HOUSLEY:  Now, President Trump did change with an executive order the priorities, since he came into office.  It says that any person who has committed any criminal offense or were subject to a final order of removal and that's what's happened with her and that's apparently what's been happening across the region here.  But the raids haven't changed, Martha.

MACCALLUM:  Adam, thank you very much.

Joining us now, former Michigan Congressman Pete Hoekstra who served as House Intelligence Committee chairman and Richard Fowler, a nationally syndicated radio talk show host and "Fox News" contributor.

Welcome, gentleman.  Good to have both of you with us tonight.

RICHARD FOWLER, FOX NEWS CONTRIBUTOR:  Thank you, Martha.  Happy Friday.

MACCALLUM:  You know, Richard, you kind of get both sides of the argument. And, you know, hat woman at the end who said, look, it's sad, but the fact of the matter is that a judge reported her to leave the country back in 2013.  So she has overstayed that by several years.

FOWLER:  Well, don't get me wrong, I think this is a very, very, very sad turn of affairs, which really should push our members of Congress to really find a way to have comprehensive immigration reform.

This is an economic question for me, Martha.  Think about it.  So Guadalupe, she has two children, right, who are both American citizens, who no longer have a mother to take care of them.  Meaning, the American people are going to be stuck on the line to take care of them.

And what -- the numbers that we are seeing is estimates that it could cost us if we follow Donald Trump's executive order to the "T," it could cost us $118 billion just to take care of those children who live in mixed status households.

Your households where the parent is undocumented, but the children are citizens so when the parents get documented, their children become wards of the state.

(CROSSTALK)

MACCALLUM:  I think people would be interested to know that according to Pew Research, there are 1 million illegal immigrants in Los Angeles and Orange County.

And Pete Hoekstra, you know, there are plenty of people who come from countries all around the world, who get deportation notices and you know, they pack their bags and they eventually have to leave the country and then they go back to their country and they work on getting back in legally.

And so it seems to me just reading this story and going through it that what's happening is that the implementation of the law is starting to be adhered to.

PETE HOEKSTRA, FORMER HOUSE INTELLIGENCE COMMITTEE CHAIRMAN:  That's exactly right.  That's the irony here is that, wow, we actually have a president who said he was going to implement the law when he was running for office.

He is now president.  He is now implementing the law.  The American people and others who live here and some who live here illegally have figured this out.  They are now protesting.  This is not an economic issue or anything like that.  This is an issue of the law.

And Richard is exactly right.  Congress now needs to get the message because the law is going to be enforced.  If Congress doesn't like it and they don't like the executive actions that the president is taking, it's time for them -- it's going to change.

We're either going to work through this transition in an organized way or it's going to be a very, very difficult way.  But the president is signaling to congress and to the American people we are going to enforce the law.  I'm willing to work with Democrats and Congress to change the law.  But if you don't change the law, I'm going to use the powers that I have as president to implement the law as it's written.

MACCALLUM:  Yes.  So do you see that happening, Richard, lawmakers starting to get together and say, you know, let's try to work on comprehensive immigration legislation?  I felt like I have heard this in my entire life.

HOEKSTRA:  Exactly, yes.

(CROSSTALK)

FOWLER:  I feel like I have heard the same thing, Martha.  I think, president -- as we know, Barack Obama deported more illegal immigrants than any other president in American history.  He probably will be topped by Donald Trump in the next coming weeks.  But over and over --

(CROSSTALK)

MACCALLUM:  But they are following the laws that are currently on the books.  There is nothing radical.  They are following the laws on the book.

(CROSSTALK)

FOWLER:  I'm not disagreeing with that.  They absolutely are following the laws on the books.  And I think that's why it's time for Congress to work on changing those laws.

Congressman Tillis from North Carolina have issued the bill.  Hopefully, we can get comprehensive immigration reform done.  But this is like I said once again for the American people at home to understand this is an economic question that we've really got to ask ourselves, just why our members of Congress have got to get stuff done.  Right?

I mean, the truth of the matter is 2.4 million mortgages are held by undocumented workers.  If they get deported that's going to cost our economy $4.7 trillion in the GDP.

(CROSSTALK)

MACCALLUM:  I understand.  It's here, but that's secondary, though.  That first you implement the law and then perhaps what you are talking about nudges Congress to act, but I've got to leave it there.

FOWLER:  Hopefully.

MACCALLUM:  Gentlemen, thank you so much.  Richard and Pete Hoekstra, thank you so much for being here tonight.

So also tonight as the left preaches tolerance, are they practicing something quite different?  Wait until we show you the videotape of what happened earlier today to Secretary Betsy DeVos.

Plus, the courts now deciding our national security.  And if so, what does that mean for America?  Chris Stirewalt, Alex Connate (ph), and Julie Roginsky straight ahead on that.

(BEGIN VIDEO CLIP)

KELLYANNE CONWAY, WHITE HOUSE COUNSEL:  This ruling does not affect the merits at all.  It is an interim ruling and we are fully confident that now that we will get our day in court and have an opportunity to argue this on the merits that we will prevail.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

TRACE GALLAGHER, FOX NEWS CORRESPONDENT:  I'm Trace Gallagher at the "Breaking News Desk" in Los Angeles.

The Ninth Circuit Court of Appeals which just 24 hours ago ruled against President Trump's executive order on immigration may now be offering a new opening.  One of the court's 29 judges has just requested the entire court vote on whether to rehear the temporary travel ban case by an en banc panel, meaning a panel of 11 judges.

And the court is asking both the Department of Justice and the states of Washington and Minnesota to submit briefs on whether the case should be reconsidered.

The states won the decision so clearly they don't want a new hearing.  And earlier the White House said it would not appeal to the Ninth Circuit or the Supreme Court.  Then later said it might appeal to the Supreme Court.

GALLAGHER:  But this breaking news from the Ninth Circuit may, again, change the White House strategy.  We will have breaking news updates throughout the evening.

I'm Trace Gallagher.  Now back to "The First 100 Days."

(COMMERCIAL BREAK)

MACCALLUM:  Seven years after anti-Obamacare town halls took aim at Democratic members, Republicans are now getting an ear-full from frustrated constituents.

Voicing concerns over everything from government inaction, to executive orders, to now ironically the repeal of Obamacare is the source of these raucous town halls.

This video comes in from an event in Utah where House Oversight Chair Jason Chaffetz went to speak to what he thought was going to be a friendly group of local voters.

Joining me now Mollie Hemmingway, senior editor at The Federalist and Kevin Chavous is former D.C. Democratic councilman.

Welcome to both of you.  Good to have you here.

KEVIN CHAVOUS, FORMER D.C. DEMOCRATIC COUNCILMAN:  Thank you.

MACCALLUM:  Mollie, let me start with you.  Boy, payback, it appears to be what's happening to Jason Chaffetz and others out there.

MOLLIE HEMINGWAY, THE FEDERALIST:  I'm not entirely sure that's true.  It's always a good idea to pay attention to large protest movements.  But this has a feel of something else entirely.

I mean, Jason Chaffetz won re-election with 73.5 percent of the vote.  Some of the people interviewed that were at this were not local constituents.  They came in from Scottsdale, Arizona, driving over 600 miles to protest him.

So this is something altogether different.  It has a bit of a feel of grassroots, of Astro Turf instead of grassroots activism.

And it, you know, it's definitely something real that's happening.  There is a lot of outrage on the left.  But this is a little bit too incoherent to be compared to a tea party protest.

MACCALLUM:  I got you.  Just staying with you for a second, Mollie.

Are they all Democrats and liberals, or some of these people never-Trumpers?  Because we saw what happened in Utah during the presidential election and perhaps some of them weren't happy with him for, you know, sort of the flip flop on President Trump?

HEMINGWAY:  Right.  Well, another place where there was a protest was Tennessee where Diane Black had her town hall protested.  And that's a state that went overwhelmingly for Trump.  Whereas with Utah, even though he beat Hillary Clinton by 20 some -- almost 20 points, there was a large anti-Trump vote in Utah.

Still, this does not strike me as the kind of principled opposition to Trump that you saw.  Even though there will be a call for Jason Chaffetz in his role as oversight chairman to do a good job in holding the Trump administration accountable.

MACCALLUM:  Got you.

Kevin, what do you think of these protests?

CHAVOUS:  Well, look, feelings are wrong.  And protest politics is a direct result of people feeling disenfranchised or upset or disappointed.  But I think we've got to find a way to appear to our higher angels.  We've got a lot of work to do in this country and I think that part of the focus is on the president and his team to be uniters as opposed to dividers.  And I think that, you know, through some of the cabinet picks, there is an opportunity to rise above all of this.

(CROSSTALK)

MACCALLUM:  Wow.  What a noble concept.

CHAVOUS:  Yes.  I mean, I think that's important.  I think, look, there are going to be people who are going to want to fight no matter what.  But we've got a lot of work to do in this country and there's ways to bring all of us together and I think the president can do that.

MACCALLUM:  Yes.  Very important point.

I want to show everybody the video of Betsy DeVos as she committed the cardinal sin today of trying to go visit a school, a public school in Washington, D.C. in her new role as secretary of education.

She was blocked at the door by protesters and had to turn around and leave, Mollie.  Sad situation to be sure.

HEMINGWAY:  Well, this is another situation where people are really not thinking through how their protest appears to many people.  This isn't the first time Democrats have blocked doors to a public school and it won't be the last.

But it's exactly the kind of thing that people don't like seeing.  It's almost a metaphor for the situation with Teacher's Unions.  You know, supporters of Teacher's Unions don't want to let people into the schools, who want to change the system or improve educational outcomes for poor students whose parents just can't just afford to get them sent to an expensive private school.

MACCALLUM:  Yes, that's a great point.  And I always point out in these protests, it's not the parents who are out there blocking, believe me. They would probably like for her to come in and a lot of them want their kids to have the advantages and alternatives that she is talking about in many cases.

Kevin, what do you make of it?

CHAVOUS:  Well, look, Democrats aren't the only ones that block doors.  George Wallace famously blocked some doors in Alabama we talked about.  But, I tell you this.  I'm disappointed that the protesters are doing this to Secretary DeVos.

This is an opportunity to challenge that outrage towards what really needs to be focused on in education.  Every 42 seconds a kid drops out of school in America.  60 percent of our grad are neither college nor career-ready.  There should be a sense of outrage about the educational outputs in America.  And I think Secretary DeVos can help cheer that, but people need to focus on the real deal.  We are not educating our most precious resource and that's America's children.

MACCALLUM:  All right.  You both make great points.  Thank you so much for being here today.  Kevin and Mollie, great to see you.

So, as soon as Tom Price was sworn in earlier today, we started hearing warnings that Obamacare is on its way out.  Dr. Marc Siegel here on what happens then.  Plus, President Donald Trump simultaneously fighting leaks and the court.  Up next, we're going to talk to former White House press secretary Ari Fleischer, and Democratic strategist Mark Alderman on reports that the president is frustrated.

(BEGIN VIDEO CLIP)

TRUMP:  You've never seen so much paper on a president's desk.

(LAUGHTER)

TRUMP:  That's because we are negotiating lots of deals for our country which would be tremendous.   

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

CONWAY:  The president has been very negative about any leaks, has really pushed back upon them in no uncertain terms as well he should.  I don't think that the leaks came from certain people because they would have been unflattering and they certainly didn't come from the White House.

(END VIDEO CLIP)

MACCALLUM:  That was President Trump's top counselor Kellyanne Conway at the start of this week, addressing the numerous leaks that have plagued the administration in only the first three weeks in office.  The week ended with Mr. Trump finding himself on the wrong side of a court decision.  Insiders claim that both of those situations are examples of a president who just wants to get things done.  While slowly coming to grips with the immense size and checks of the government bureaucracy.  Joining us now Ari Fleischer, former White House press secretary, and Mark Alderman a Democratic strategist.  Gentlemen, welcome tonight.  Good to have you with us.

ARI FLEISHER, FORMER WHITE HOUSE PRESS SECRETARY:  Thank you.

MACCALLUM:  So, Ari, you know, a lot of this comes from a Politico piece which has a ton of those, you know, leaky elements all over its pages in this piece.  How much do you believe in this?  How does it look like they're doing so far to you?

FLEISCHER:  Well, I think there is a lot of truth to this.  I think it is difficult to be outsider and come in and take the reins of the government and to make it all work smooth.  But it's a balance, Martha.  If you say that you want a traditional politician, someone who has been there all their lives and knows what they're doing to run the federal government today.  We settled that in November.  The answer was no.  The American people did not want that.  I think it would probably be smoother in some respects.  The bureaucracies would like the White House better if you had Hillary or you have a traditional politician.  But Donald Trump was not elected to be smooth.  He was elected to change Washington.  And it's going to be bumpy.  He's going to learn as he goes.  His staff will learn as he goes.  But this is what the American people voted for.  And frankly, I'm much more comfortable with this than I am with an inside hand who knows what they're doing.  I want Washington to change myself.

MACCALLUM:  You know, I remember some people that I've talked to across the country, when we were covering the course of the election, Mark.  And I would ask them, you know, who do you support and why?  And those who say they supported Donald Trump I said why?  Why do you support him?  And he'll say I want someone to shake things up.  I'm tired of the status quo.  I'm tired of everything else.  So what if it looks smooth.  It's not working for me.  Is that what we're seeing here?

MARK ALDERMAN, DEMOCRATIC STRATEGIST:  Well, Martha, it's never too soon to expect competence from the commander-in-chief.  This is a serious job.  And Trump plainly has no patience for his position.  He is like an adolescent who got hold of his parent's car keys but never learned to drive.  So you can change personnel.  You can plug these leaks.  You can give it some more time, but unless and until Donald Trump grows into this role, we're going to have the apprentice for four years.

MACCALLUM:  Well, when you take a look at the Dow Jones Industrials, it seems like there are elements of this economy who are actually quite satisfied.  Ari, do you think that's fair criticism from Mark?

FLEISCHER:  Yes and no.  I think it is if you were an insider.  It's a fair criticism if you like the way things have been and you want that to continue.  If your highest premium is making the interagency review process work smoothly.  But if you are one of those people who lives in Middle America who says that for decades nothing has worked for you, the economy is poor.  You haven't gotten a raise, no politician has listened to you, and along comes outsider Donald Trump and can relate to you, and all of a sudden you realize here is the outsider who cares about me.  Yes, that's where Donald Trump is invested.  And that's where he is ultimately, Martha, going to be judged a success or a failure.  If he gets the economy moving faster instead of zero to 1 percent GDP growth.  If he gets median wages up for working class Americans, especially.  This is what it means to make America great again in the eyes of many who have been suffering because their region of America isn't doing so great.

MACCALLUM:  Clearly a lot of ruffled feathers within the establishment as Ari said -- excuse me for interrupting.  So, so what -- you know, so what if he's ruffling feathers inside Washington.  Mark, last thought?

ALDERMAN:  Martha, may I just observe that it is funny that for eight years in a stock market that more than doubled, the Republicans gave President Obama no credit for that.  And here we are 20 days into the Trump administration and he is, of course, responsible for the rise of the market.  I think that...

FLEISCHER:  Mark, those gains went to the top.  Those gains were not shared universally, especially with working class people.  The rich benefited nicely from the Obama years.

MACCALLUM:  Thanks, you guys.  We've got to leave it there.  We'll have a lot more to talk about in the weeks and months to come.  Glad to have you here tonight.

FLEISCHER:  Thank you.

MACCALLUM:  So coming up, President Trump's brand new HHS secretary ready to go with his plan to repeal and replace Obamacare.  This is a huge deal in the words of someone we all remember from the prior administration.  Dr. Marc Siegel is here to tell us what it means at your doctor's office. Plus, we will take a look back at this week that was when Chris Stirewalt, Alex Conant and Julie Roginsky give a grade to the week when we come back.

(COMMERCIAL BREAK)

MACCALLUM:  Developing tonight, Vice President Mike Pence's swearing in for Tom Price as the new secretary of health and human services.  And with Price now in place, Obamacare's days may be numbered.  Dr. Marc Siegel joins us in just a moment with how about might happen.  But for more on the brewing battle in Washington let's go to chief political correspondent Carl Cameron who joins us this evening.  Hi, Carl.

CARL CAMERON, FOX NEWS CHIEF POLITCAL CORRESPONDENT:  Hi, Martha.  Getting Price sworn in will probably speed up the Obamacare repeal and some say repair and a lot say replace process.  But there's still one open spot on the administration's healthcare team.  Price was pretty careful during his confirmation hearings to give mostly boilerplate answers about what the GOP plan and process is going to be.  The new secretary of health and human service is a position, and when he was in congress he did develop a healthcare replacement plan of his own, but there is no consensus among any of his house former colleagues.  The president has said that the actual replacement may not be implemented until next year, while Speaker Ryan has indicated that the house is going to take another big step in about seven weeks.

(BEGIN VIDEO CLIP)

REP. PAUL RYAN, R-WIS., SPEAKER OF THE HOUSE:  But we want to -- we want to be moving our Obamacare legislation by the end of the first quarter.

(END VIDEO CLIP)

CAMERON:  Well, that open healthcare slot is a key one.  It's the administrator of the center for Medicare and Medicaid services. And Trump's nominee, Seema Verma, confirmation hearing is next week.  Reforming Medicare and Medicaid are a huge part of this puzzle.  And during Price's confirmation hearing, he suggested those who rely on those kinds of services don't have to worry.

(BEGIN VIDEO CLIP)

TOM PRICE, HHS SECRETARY:  Our commitment is to make it so that they have that coverage or greater.

UNINDENTIFIED MALE:  That's a commitment you're making.

PRICE:  That's a commitment.

(END VIDEO CLIP)

CAMERON:  And that's when Democrats are going to try to hold him to.  There is an awful lot of work to this.  During the campaign, candidate Trump said he would make everyone's overall healthcare cheaper and better.  His full-team should be in place maybe five weeks from now, something like that. Then real decisions are going to start and that's when the real battling is going to intensify.  Martha.

MACCALLUM:  Carl, thank you very much.

CAMERON:  You bet.

MACCALLUM: So joining us now, Dr. Marc Siegel, Fox News medical correspondent, and NYU professor of medicine.  Doctor, good to see you tonight.

MARC SIEGEL, FOX NEWS MEDICAL CORRESPONDENT:  Great to see you, Martha.

MACCALLUM:  So repeal and replace is the big question.  We saw protests that are already breaking out around the country.  People saying that their healthcare is going to be taken away from them.  You know Dr. Price, and now HHS secretary Dr. Price.  How is he going to do it?

SIEGEL:  Well, I think he is going to be a point person for this.  And as Carl Cameron was just saying we don't know the pace that this is going to roll out.  But I'll tell you what he is committed to.  He's committed to restoring the doctor-patient relationship as front and center for healthcare decisions.  He doesn't assume, Dr. Price.  That insurance is always the answer or government is always the answer. And I can tell you in the doctor's office a lot of times somebody comes in with insurance, like ObamaCare, and they don't necessarily get the services they need.  Dr. Price is aware of that.  He's a practicing orthopedist for 20 years.  You know, he's been talking about this since Obamacare was initially passed. And he's very aware in the future we need something where there's more choice involved.  Where there's health savings account where patients can pay out-of-pocket for more things.  Where there's tax deduction.  He put forth a proposal where you get tax credits and use that to buy insurance with.  As well as directly services.

MACCALLUM:  It sounds -- that's a comprehensive plan that is very different than what we got in ObamaCare.  So the big question is how do you give the new program and how do you get it started while protecting people and making sure that you don't have those gaps in between?  Because that's the biggest concern that people have.

SIEGEL:  I think you add, rather than take away right away. And I think, again, in the clip that Carl just showed, I think you see some of that. You know, you have Medicaid expansion.  I don't believe the administration is going to remove Medicaid expansion.  It may add a private option to it. It may switch it to block grants.  Same as Medicare.  They may add a private option to Medicare.  I always said add a catastrophic option.  But right now, you have a situation where the government is subsidizing everything.  You go to the state exchanges and two thirds of the policies that are sold there are subsidized, you know, two thirds of it, and then you get to the doctor's office and you can't necessarily buy care.  I think you're going to see more price transparency.  You're going to see more competition.  President Trump has said insurance will be available across state lines.  That means repealing a law that's been in place for many years.

MACCALLUM:  Marc, what's your -- go ahead, what the key is real quick.

SIEGEL:  The key here is you've got a physician for the third time in history running HHS.  He's also got the FDA under his jurisdiction.  An actual doctor who knows what doctors and patients face.  That's what's new.

MACCALLUM:  How long is it going to take in your opinion.

SIEGEL:  Well, I would like to see some of it right away.  If I know President Trump, some of it will be right away.  The individual mandate is practically unenforceable.  Maybe that will be gotten rid of.

MACCALLUM:  Right, OK.

SIEGEL:  The essential benefits package which, you know, mandates what a policy looks like.  That's why the premiums are going up.  Maybe that will be gotten rid of.  And again, catastrophic option might be added.  Some changes can be done right away.

MACCALLUM:  Dr. Marc Siegel, thank you very much.

SIEGEL:  Thanks, Martha.  Great to see you.

MACCALLUM:  So coming up, it has been quite a week for the Trump administration.  We've said that for three weeks so far and it's been true every time.  Luckily, we've got Chris Stirewalt, Alex Conant and Julie Roginsky to catch everyone up and brave the week when we come back.

(BEGIN VIDEO CLIP)

SEAN SPICER, WHITE HOUSE PRESS SECRETARY:  He is free to speak his mind.  Part of the reason the president got elected because he speaks his mind.  He doesn't hold it back.  He's authentic.  He is not going to sit back, I think, when he feels very passionately about something.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

MACCALLUM:  Another busy week for the Trump administration.  On Monday, President Trump slammed the media for under reporting terror.  Tuesday, the ninth circuit court of appeals on their argument on the travel ban.  And on the hill, majority leader Mitch McConnell sidelined Senator Elizabeth Warren in a dramatic moment.  Yesterday, the president learned of the fallout from the ninth circuit ruling against him on his extreme vetting order.  There's a lot more, too.  So here now with -- where all of these is going, Chris Stirewalt, our Fox News politics editor, Alex Conant with the communications director for Marco Rubio's presidential campaign.  Julie Roginsky is a Democratic analyst and Fox News contributor.  Great to have all of you here. So let's take it on, 21 days in, it feels like we've been here for about 1,000.  But so much has happened.  Chris, what's your take on what this week looked like for the Trump administration?

CHRIS STIREWALT, FOX NEWS POLITICAL EDITOR:  Well, we are still in the early going and there were definitely misses.  But there were some successes.  There were pretty notable successes.  One is we saw some bipartisan agreement on the position of the administration started to rough out last week on Iran, where you saw Democrats and Republicans coming together in favor of sanctions.  So that was a sign on the foreign policy front things could be moving in a good direction.  Something you've heard echoed today when he was with the prime minister of Japan, talking about agreement with China, and so on and so on.  So you're starting to see some good things there.  But as you pointed out, the ninth circuit in that decision and the (INAUDIBLE) and the constant outrage surrounding that issue not so good.

MACCALLUM:  Yeah.  So what grade would you give the week, Chris?

STIREWALT:  I'm going -- it had been a B, but then I've got to say that the Nordstrom stuff takes him down to a C-plus for the week.

MACCALLUM:  Elaborate on -- do people care about that is my question?

STIREWALT:  No, that's the point.

MACCALLUM:  I mean, we all obsess over it and, you know, I talked to Kellyanne about it last night.  But do you think people care about it in America?

STIREWALT:  That's the point, they do not.  Therefore, the president should not talk about it, nor should he have his spokesperson or his leading strategist discussing the issue.  He's got to focus on the business of the people.  That cost him a half a letter grade.

MACCALLUM:  Yeah, All right.  Chris is such a tough grader.  Alex Conant -- I'm glad I didn't have Chris.  Alex, what do you think of the week?

ALEX CONANT, MARCO RUBIO'S COMMUNICATION DIRECTOR:  Yeah.  Look, Chris is a smart guy.  I really disagree with him.  But I actually give the president a slightly better grade.  I give him a B.  The early days are all about setting up processes and personnel.  I mean, he had a lot of success with personnel this week, getting several key cabinet officials confirmed.  And my sources in the White House tell me that the processes are being put in place to have better executive orders moving forward, so we don't have this sort of legal fights that the president and the White House have lost this week and the last.  So I think that they're moving in the right direction. Therefore, I give him a solid B.

MACCALLUM:  Solid B.  Julie Roginsky is going to give him an A-plus, I just know it.

(LAUGHTER)

JULIE ROGINSKY, DEMOCRATIS STRATEGIST:  He's so close.

MACCALLUM:  Such a fan.  Julie, what did you think?  How did he do this week?

ROGINSKY:  Well, you know, I think Chris is right.  He did have some successes, and Alex is right as well.  I mean, he did get his people confirmed.  There is some question of Betsy DeVos, she was confirmed.  So, in that sense that was a good win for the White House.  I will say the most troubling thing to me this week was actually what happened yesterday and this morning with Michael Flynn, which is a problem that could potentially last much longer than just the week.  Where Michael Flynn seemingly forced the vice president to come out and say something that charitably could be called several untruths about whether he discussed sanctions with the Russian ambassador prior to him becoming national security advisor.  And so, that becomes a big problem that potentially could open this administration up to hearings on the issue.  And so, as a result of that, I would give him a C-minus.

MACCALLUM:  C-minus.  So Chris -- C from Julie and Chris.  Chris, let me go back on this, how big a deal is this Michael Flynn, Russia question?

STIREWALT:  So, we have a very leaky administration right now.  And it is springing leaks on all sides.  And that is a big problem.  Every administration leaks.  This one leaks a lot.  And how much of this is due to infighting, we don't know.  But oftentimes that is the root cause.  And if there is a schism in the administration or there are people who don't trust Flynn or Flynn doesn't trust them, and this stuff is springing out of that space.  That could be an addition on the hearings that Julie mentioned.  That could be on the going forward basis, a big problem.

MACCALLUM:  But on the substance of it, Alex, you know, Chris is talking about the political ramifications which are very real.  On the substance of it is it problematic, Alex?

CONANT:  It could be problematic.  This is all coming about because apparently the FBI is looking into these calls.

MACCALLUM:  He said there was nothing illegal in them.  I mean, that's the latest.

CONANT:  And if nothing is illegal in this, I think it will be quickly forgotten and be chalked up to an early mistake, some early miscommunication within the administration.  If there is more to it, yes, it's absolutely a problem.  When the vice president goes on TV, as he did on CBS's Face the Nation a couple weeks ago, and asserts something that is then reported to be not true, that is an issue that the administration will have to deal with at some point.

MACCALLUM:  Yeah.  I mean, the story is that he mentioned to a high level Russian official not to worry about the sanctions or something along those lines.  We don't know exactly what he said.  But there was an indication that maybe there would be relief in the future which instantly reminded me of the moment that President Obama said that to -- like don't worry, as soon as I get reelected, you know...

STIREWALT:  More flexibility.

MACCALLUM: ... are going to go away.  We'll have more flexible, Julie.  So what's the difference?

ROGINSKY:  Well, the difference is first and foremost he was not supposed to be doing and talking policy before he was the national security advisor.  We have one president at a time.  But secondly, this is part of a larger pattern of Russian -- potential Russian interference in the election, whether Michael Flynn who had acknowledged accepting payments from Russia today which is a propaganda arm of the Putin administration with involved of some of that.  And so, you people like -- this is not a Democratic issue.  You have senators like Senator McCain, Senator Graham, and others who are very serious about looking into this.  If this is the predicate for that kind of investigation to be launched, that could be a massive headache for the Trump administration going forward.

MACCALLUM:  So going back to it quickly, to the Nordstrom question, Chris, because I know you're a big shopper.

(LAUGHTER)

STIREWALT:  You can tell.

MACCALLUM:  I'm going to give you the last word on this here.  What do they need to do to make sure -- because this is going to happen again and again with, you know, business and interest.  They need to be on the same page at the White House, do they not, about how they're going to respond to these kinds of questions?

STIREWALT:  Not only do they have to be on the same page of the White House, but they must not steal the president's central message, which is something we would say in West Virginia about Jay Rockefeller, when   he came down there to be senator.  He's too rich to steal.  So just make sure that that is carried forward.  That Donald Trump is always seen as doing the people's business and not enriching himself and his family, even if it's just a dad being nice to his daughter.

MACCALLUM:  You guys are great, thank you so much.

CONANT:  Thank you, Martha.

MACCALLUM:  Before we leave you tonight, here is the quote of the night from this Friday, it was sent to us from a viewer.  We've gotten so many good ones.  This is from Richie Skaggs, a person who never made a mistake never tried anything new.  That's Albert Einstein.  Good advice.  It rings true for the White House, perhaps, and for the rest of us as well.  Thanks for watching, everybody.  I'm Martha MacCallum.  O'Reilly is up next. We'll see you back here Monday at 7:00 PM.

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