tv New Day Sunday CNN February 5, 2017 4:00am-5:01am PST
i am christi paul. >> i am victor blackwell. breaking news, no travel ban for right now. >> instead the court wants both sides, the washington attorneys general and the trump administration to file legal briefs before making any final decisions on this. and the government as we know is arguing the ban should be in place, and they are saying that it is in the national interests, their phrase, of the cup treeou and those special visas for translators or interpreters, and there was no questions why there was no exception put in place for those, and even as they argue as the nationals listed
from those countries should not come to the u.s., there will be a special exception for those individuals. >> laura jared, explain what happened overnight. >> it started the justice department filing an emergency motion just after midnight and what they were asking for was to press pause on the seattle judge's decision that halted the key provisions of the travel ban. just three hours later -- this was overnight, the ninth circuit said no to the federal government. the federal court of appeals denied the justice department's request, and in a very short order early this morning, instead, as you said, they asked both sides to file legal briefs so they could hear more about the issues before they make a final decision on the emergency motion. now, what this means practically speaking, is that the ruling by the federal judge in seattle,
that sweeping one by judge james row bart sweeping the ban, and that remains in place for now. >> what is the timeline here? there are specific times given in this order, right? >> that's right. so the next step we will see is the state attorney general will get a chance to respond to the government, and they will file a brief later tonight at 11:ni59, and then the u.s. justice department will get a chance to file a reply brief at 3:00 p.m. on monday, and then we will see a hearing by the ninth circuit. >> stay with us here. we want to bring in laura coates, a constitutional attorney, and paige paeut with us as well. she was talking about that timeline, and overall there are a lot of people in other countries watching this and
trying to figure out if their visas will be valid for the long haul. how long do you believe it will take to work all of this out? will it go to the supreme court? >> that's possible. at this stage the ninth circuit asked for additional argument and briefings on the merits of this case, and this is important, and we had several federal district courts to stop the ban, and nobody looked into the constitutional arguments and made one decision or another, and if you want to hold oral argument it could take a week or longer if the judges go back and forth on it. >> the department of justice in their appeal is arguing there's classified information here that makes this country unsafe and that's why we are gunning for this travel ban, so to speak, and we want to put the limits on it.
how do you argue that? what do you say when you are talking about classified information that nobody else is privy to? >> you can do an incamera, and the reason they brought that information up, christi is because the president has a great deal of deference when it comes to the nation's security, and they will have to balance that against the presidential power to determine who has entry into our country, and what they are doing is saying in my back pocket i have the golden ticket, and that's the prerogative to determine who comes in the country, and the briefing is what merits, this is an issue of national security and an issue about whether the people arguing have a chance in court, and whether people have a right to come into our country. this is the core of our
constitutional bedrock. >> the president has tweeted, based on my account in the last 22 hours, no less than ten times since this controversy started, and he has taken some shots at the judge in washington, of course, and we have had some response to that. senator patrick leahy said this, he seems intent on bully and disparage yet another federal judge, and what do you make of the tweets and the openness that the president's page speaks so freely about, in terms of his criticism, and criticizing a decision is one thing but to disparage one is another? >> yeah, we have never seen this, seeing a lifetime judge confirmed by the senate and
calling him a so-called judge. we have not seen personal attacks by any other executive in the history of the country unless you want to look all the way back until we are going back precivil war days. i don't think it's helpful to the legal arguments and the constitutional tea, and we are looking at judges who have decided to stop the executive order which was a priority with the administration. they are clearly upset and i think they ought to focus on the legal arguments and not the personal attacks. >> victor was just talking about the u.s. embassy official in baghdad saying they will now, quote, in the national interest of the country allow iraqi special immigrant visa holders to travel into the u.s. do you anticipate that when all of this is said and done there may be modifications to the
travel ban as it stands now? >> we already started to see that, right? think about what has happened over the last week since the president signed that executive order. we started out not really knowing where green card holders stood and they were going to have to get a special waiver, and then the white house walked that back earlier this week and said, no, no, the travel ban doesn't apply to green card holders, and now the ban is for certain visas, and it's too early to tell what the final version of the order is going to look like. >> a loft people are weighing in on this, including a professor. >> i have criticized judges, and i wrote a whole book called insupreme justice. it's the nature of the criticism. president trump used words that seemed very injudicious, and
very likely to alienate some of the appellant judges to sit on this, and these judges will decide the case on it's merits, and i think in the end the stay will be, at least, partly lifted, because parts of the executive order are constitutional. >> do you agree? >> i think that's right, that some parts will be lifted. of course, you are right, the president of the united states, it's his prerogative to speak on other branches. remember, we have three equal parts of the government, and the judicial has to be even, and the nominee -- his career has been about whether he separates powers and the judiciary remains that, and not every part of the order was struck down or halted
by the seattle judge, only the parts that have the leanings in terms of the establishment clause and other entities. you don't have a sweeping ban, you have one that points to what may be a constitutional battle before the supreme court as the parts that have been halted. >> so paige, quickly, for people who are sitting in other countries with valid visas trying to determine, do i try to get to the u.s. or don't i at this point, how would you advise them? >> based on the actions that the administration has taken so far, customs border patrol seems intent on allowing those individuals to come into the united states, so i think if you have legal status if you are a citizen or legal permanent resident or hold a valid visa, the only consistent thing about all of this is all of the judges that looked at this particular thing and even the administration is allowing those individuals to come into the country, and if you do not have legal status it's a different situation and i would not
encourage anybody to get on a plane and head this way. >> we appreciate your voices in all of this. thank you. we will talk about the political consequences of this protracted battle over the president's executive order, and also president trump praising russian president, vladimir putin, and appearing to criticize the u.s. in the process. afoot and light-hearted i take to the open road. healthy, free, the world before me, the long brown path before me leading wherever i choose. the east and the west are mine. the north and the south are mine. all seems beautiful to me.
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>> let's start by going into the doj's appeal, and there's breaking news overnight that the ban is still blocked for now until the circuit -- the appellant court in the ninth circuit gets more information from each side. let's put up here full screen one here. judicial second guessing of the national security determination in itself poses substantial harm on the federal government and nation at large. first, congressman, to you on that, how does this pose a substantial harm to the nation? >> well, i think in terms of the president's right under code section 1182, the president does have the right to determine which aliens could be a threat to the nation and limit their access to our country, and so i think that what he is saying is we have seven countries, which the obama administration designated as countries of concern because they don't have proper vetting, and inaccurate
documentation and so forth, and under that section 1182, the president can limit access to the united states of america from that, and that's where they are probably coming from. >> scott, to you, they phrase it or characterize it as second-guessing. what do you make of the statement, that claim from the department of justice? >> well, it's checks and balances, and the judiciary is an independent part of our three-party government. the reality is the president has lost the authori the authority on this, but not so much so it would violate the constitution, where it as a duh skreupl -- discriminatory impact. so look at it this way.
the position between presidential power and the constitution f. you violate the constitution or if we don't follow our own rules and regs, the judiciary can strike that down, and so far right now the ninth circuit as well as 11 of 12 judicial districts sided with the states on this. >> david, we spoke yesterday with pennsylvania republican congressman, charlie dett, so listen to what he said. >> the threats can come from everywhere, and not just these seven countries trees, but there is problems in those seven countries and others that we have to contend with, and let's take a broader perspective, and the order in my view was overly broad, rushed and not properly considered and vetted. >> how pervasive in that sentiment in the president's party in congress? >> i think there was a lot of disappointment that they rushed
this through and did not cross all their ts and got their is. they did not understand enough about what it was doing because there was not enough communication and they felt ultimately that it was not vetted, an interesting term here, because of what we are dealing with, because they were not thorough enough, probably because they did not have a attorney general or secretary in place, so i think the administration would have had more support initially, and i would not be surprised to see the congressional action if the battle continues. the judiciary doesn't like to get in the way by things passed by the congress and signed by the president, but as we saw with president obama, when you
get too liberal with the executive orders, that's when the courts are more likely to reign in the president. >> stay with us and we'll talk about the other side of the break about some of the controversial comments from president trump about vladimir putin and about truth and honesty from the president. we'll be right back. ♪ because going around is rarely ever as enjoyable... ...as going right through. ♪ ♪ ♪ ♪ ...one of many pieces in my life. so when my asthma symptoms kept coming back on my long-term control medicine. i talked to my doctor and found a missing piece in my asthma treatment with breo. once-daily breo prevents asthma symptoms.
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have no idea. >> he's a killer, putin is a killer. >> there's a lot of killers. you think our country is so innocent. >> the full interview will air later today, and back with us today, our guests. congressman, first to you, i want you to respond to something from a congressman shift, and does he not see the damage he does with comments like that, and a gift that he gives to russian propaganda. what is your response? >> i think adam is shooting very straight here. i don't think there's a similarity between the united states and russia. it's a disappointing statement. the reality is that putin has a lot of tendencies that our thuggery, as lindsay graham has
called him, and the reality is respecting putin is a different matter, and working with putin is a different manner, and condoning putin and saying he's accurate -- similar to us is not accurate at all. >> this goes back to the beginning of the presidential campaign. trump has always been deferential towards russia and putin, and he previously has been creating a moral equivalence between the united states and how it operates in the world and how russia operates in the world, so this is nothing new. the president doesn't hesitate to get tough rhetorically with other u.s. adversaries, china in particular, and there's nothing wrong with taking an adversarial tone at all, and so i think the question here that the president needs to answer once we get past all of this, sort of, you know,
fury, is of course we want a good working relationship with a major power. that is sort of necessary for us in our position in the world, but on whose terms is the question that needs to be answered. if we are dealing with russia on our terms, then that's something people should welcome. if we are being deferential to russia and putin and working on their terms, that's a matter of u.s. foreign policy that should be concerning. >> let's get your reaction on something else during an interview with fox news. this is over the suggestion that there aren't facts to back up some of the things and statements that come from the president. watch. >> is there any validity to the criticism of you that you say things you can't back up fact l factually, and as the president, you say there are 3 million illegal aliens that voted and then you don't have the data to back you up and some people say
that's irresponsible for a president to say that? >> well, many people have come out and said i am right, you know that. >> but you have to have data to back that up. >> when you see illegals, people not citizens, and they are on the registration rolls. we can be babies, and you take a look at the registration, and you have illegals and dead people, and it's really a bad situation, it's really bad. >> scott? >> it's just pure hyperbole, political hyperbole, and he never answered the question. remember, he's not a candidate for president, he is the president now, and he continues to talk in political hyperbole, which i think is very dangerous. as i said before, he drives this narrative, and again there are no facts to support 3 million people voting illegally in this election or other election and there's imperical data to support the opposite. he and his supporters defend
this. the real corruption in our political system is the voter suppression that takes place in federal judges struck down voter suppression laws in north carolina and others. that's the real reality. we have to keep them accountable when the political hyperbole becomes alternate facts and alternate reality. that's very important. >> where is this major investigation that the president said that he i think cracking down on voter fraud is in everybody's interest, and i think you are going to have to do it with the state government since they run the elections.
>> i think in terms of him saying things often that he, like any other politician, may say something with a little bit of a stretch in it, but i still think that in terms of that issue of voter fraud, there's an issue that is out there, and i think often when you peel back what he has said, there is a reason that he comes up with these numbers and so often the -- i would say the left is so quick to jump on him, that there's an explanation behind it that is not discussed. >> david, a quickly to you. a little bit of a stretch we are hearing from congressman kingston -- >> look, i -- >> scott just said there's voter
suppression. i don't think there's any proof there's voter suppression. that's a stretch. >> one at a time, now. david, finish up here. >> i don't think there's any doubt there has been voter proud at different points and in different elections, and i don't think there's anything wrong with the states that do run elections changing their laws as they see fit to try and tighten up security around voting. i do think there are no facts to prove that there's the kind of voter fraud that the president is eluding to, and i don't politically understand why he keeps bringing this up, because he won, and he's the president, and if he produces for the american people and they are happy with him they are not going to care he lost the popular vote and they don't care now. he has all the powers of the presidency he would have had if he would have won the popular vote, but he runs the justice
department and he wants a investigation, he should do so and see where the results are and let it lie. >> thank you. >> thank you. with all the talk about politics, can we expect some of the super bowl commercials to get political this year? you bet khau. we'll talk about that next. uhh, this is never easy, sugar, but your position here has been made redundant. what? who's replacing me? splenda naturals? well... she's made with stevia. come on! stevia has a bitter aftertaste. hold on. splenda naturals is not bitter.
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the most serious side effects are angioedema, low blood pressure, kidney problems, or high potassium in your blood. tomorrow, i'm gonna step out with my favorite girl. ask your doctor about entresto. and help make the gift of tomorrow possible. so good to have you with us. i am christi paul. >> i am victor blackwell. an appeals court has denied the justice department's request to immediately resume president trump's travel ban. >> the ban is continuing so it's intact right now, but overnight the ninth circuit court of appeals asked for both sides to
file legal briefs before the court can make further decisions, those legal briefs in full are due by midday on monday. now, i know you may be looking ahead to super bowl li, kicking off tonight. >> uh-huh. food and drinks. >> yeah, you know me so well. >> and the commercials. they are getting pregame buzz already because of political messages. >> here to talk about it, host of "reliable sources," brian stelter. good morning to you. let's start with the ad from the construction company, and the commercial was supposed to show a spanish-speaking mother and darken fronting a border wall between the u.s. and mexico? >> this has been described as the most controversial super bowl ad. fox worked with the advertiser to change the end of the ad because every broadcast network has its own standards about the
ads it airs, and we don't see what happens with this immigrant family. it leaves it as a sense of mystery, and 84 lumber put out the original ad you are seeing here partly as a way to get more publicity for it. this is what they do, sometimes, these companies try to get the most bang for their buck by creating the controversial ads to release them ahead of time to get people talking, and i think this ad will stand out when it airs during the super bowl. >> is there any lumber in the commercial? what are you telling here? >> no lumber. i saw a url trying to get you to go to their website, that's for sure. >> anything else you are watching for tonight? >> another ad getting attention ahead of time, it's the creator of budweiser, an immigrant, and his story about coming to the united states more than 100 years ago, and you see his
travels. budweiser says it was a coincidence, and they made the ad many months ago and has nothing to do with the trump presidency and i think it will get peoples' attention during the game because of the connection to the current politics. by the way, there are some ads that have nothing to do with politics, thankfully. nickers will do a live ad during the game, and it will be produced live during the commercial break, which will be interesting. you are playing the bill o'reilly and trump clips, and every year since obama took office, there's a super bowl interview, and we have seen a couple clips so far with o'reilly, and i am interested to see what we will learn in the interview later today. >> yeah, with what we already have seen, you wonder what comes after that comment. >> fox cuts those carefully.
you can see more of "reliable sources" at 11:00 today with brian stelter. and then the pick for education secretary, and it's not been an easy road for betsy devos, and we'll have details next. or the network that keeps a leading hotel chain's guests connected at work, and at play. or the it platform that powers millions of ecards every day for one of the largest greeting card companies. businesses count on communication, and communication counts on centurylink.
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president of the national association, about the criticism of devos from democrats over her qualificatio qualifications. >> let me ask you, during the hearing we learned that mrs. devos did not attend any public schools and her children never attended public schools and never taught in public schools. to what degree is that familiarity or lack there of important to the job of the secretary of education? >> she has worked in public education policy development for literally decades. by the way, charter schools are public schools. she even -- the highest performing or among the highest performing schools in michigan she started. so when it comes to experience and education, i don't think there can be any question she has experience in education, and when it comes to the ida, the idea that -- there's not a lot
of accountability, under the obama administration there was not a lot of accountability from the federal government on implementation of the ida across the country, and when i looked at her written responses to the ida, i know she is supportive and behind it and i talked to her personally many times when it comes to issues with respect to kids that need extra attention, and i am very confident that the same level of accountability for kids that are left behind because of tough social economic conditions, that she will focus on and help kids with disabilities as well. >> i am going to explode. just explode. we are not dealing with alternative facts here hopefully. not having any experience with a public school on any level is bad, but that's not the worst. i think what makes it -- >> that's not even true.
she does have experience. she started a public school. >> what we saw under betsy devos -- i started teaching about 25 years ago when they started this, and let's have innovative charter schools. i loved that idea. i have some friends that started charter schools, and what happened after a few years as it began to be corrupted by a for-profit industry, and she uses the term education industry, and some of the worse -- worst charter frauds and mismanagements you will find in michigan, and she supported those schools. 80% of the charter schools in michigan are for-profit businesses and half of them are on the worse performing list. >> let me ask you, finally, lieutenant governor, the question that bernie sanders
asked during the hearing if she would be in this position, and if she and her family had not donated so much money to republicans in the house and in the senate, which is germane to her confirmation, would she be the nominee of the secretary of education, and what role does that financial support play here? >> she never made a contribution to me. when it comes to the decision that was made with respect to -- with respect to donald trump -- i don't believe this guy makes decisions based on who makes contributions. he's a billionaire himself. he has not had -- he has not been in a position where that's been a concern, who contributes what. it's hard for me to believe that a person who has been as successful as he has been overnight would use that as a decision criteria in his process. >> 15 seconds on that that point?
>> to me, look at the other billionaire that weighs in this week. you had eli brode, he is not in the pocket, and he is saying reject betsy devos. why? because he said obviously what she has done in michigan is give charters a bad name because she hasn't support accountability for charter, and she would not answer that straight question. >> we have to wrap it there. thank you both. do stay with us. "snl" spoofing donald trump again, and somebody on his team. >> let's call mexico. i'll figure out a smart and diplomatic way to get them to pay for this wall.
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this morning we're following breaking news. no travel ban for now. overnight it was questioned to immediately restore the travel bap, so what does it mean? i know that in terms of a look standpoint. politically, jake, what does it mean for him? >> it is still just in motion. the th circumstantial court of repeals rejected the request for the stay on the ban. the halt to the ban. the judge asked that it be immediately lifted and they say no, so they are asking to file legal briefs. there is no permanent decision.
ultimately. whatever side they come down on, i expect this to end up before, at least an attempt to bring it before the u.s. supreme court nap is where we are in a legal point of view. in terms of politics, we have seen, according to polls, a majority of voters do not support this travel ban. i don't know what kind of impact it will have. it is a narrow majority, similar to to how hillary clinton won on election day. >> you have to big guests on the spread today. what should we expect? >> i expect senator mcconnell to be pushing hard for neil gorsuch. we're also going to ask him to weigh in on the events of this weekend. he seemed to suggest a moral
equivalent. and for bernie sanders, a big question for democrats, where do they go from here, what can they do? so many governorships, so many state legislative seats, they're really in the wilderness. we'll ask him where do the democrats go from here. >> jake tapper, looking forward to it, thank you so much. >> thank you. >> he will be on "state of the union" today at 9:00 a.m. eastern here on cnn. >> and it is the biggest stage in sports, the super bowl, and the shows, take a look at the state of houston. >> we're now just hours away from super bowl 5 1. will new england fans get their revenge for deflate gate. we'll get the pulse of the nation coming up in the beacher report.
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>> brady won't say it, belichick won't say it, but it is about revenge. >> the patriots fans think they tried to take the patriots out at the knees. >> he went on a witch hunt and got in way over his head and had to lie his weight out. >> it's good to know his family shares the feelings we have -- >> the portion. >> we do, and rightfully so. >> i call it pure, 100% hatred. >> i have never seen anything like it. he is the all-time target worse than any villain on a team. across the board, he is the
devil. >> it feels like there is still a war. >> i would tell do you is not awkward at all for me. if i wanted to come to apay t patriots game, i would be welcomed. >> he is afraid of the reaction he would get if he stepped in gillette stadium. >> he is a cry baby, he is scared. >> if they win wlb , will it be awkward. >> if the patriots win, all eyes will be on that post game podium. will it be awkward? i expect tom brady to take the high road. we'll have to wait and see. >> listen, alec baldwin,
repriving his role at donald trump. >> steve bannon white house chief strategist portrayed here as sean spicer. >> before we begin i know that myself and the press have gotten off to a rotten start. all right, all right, all right. in the sense that when i say rocky start, i mean in the sense of "rocky" the movie because i came out here to punch you in the face and also i don't talk so good. i'll let you begin today by apologizing on behalf of you to me. for how you have treated me these last two weeks.
and that apology is not accepted. >> is there anything she can't do? she is so good. >> i hope that gave you a smile there. make great memories today. "inside politics" with jon king starts now. a very busy first two weeks. a judge blocks president trump's travel pan. >> we're very happy about that. >> also early cracks in republican unity. >> i don't want any additional spending on anything. >> on the
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