5:00 a.m. on the nose in the east. good morning, everyone. we begin with the democratic senator elizabeth warren silenced. majority leader mitch mcconnell taking action as senator warren was trying to read the words of coretta scott king to criticize the worlds of jeff sessions. senator mckauth invoked a rarely used rule to cut off warren. it's known as rule xix. when mcconnell shut down the speech invoking the words of martin luther king widow, mcconnell may have given a spark. watch what happened on the senate floor. >> this is what it said, may all mothers, daughters, sisters, fathers, fathers sons and brothers -- >> mr. president -- >> mr. president -- >> the majority leader. >> the senator is the motives by our colleague of alabama as by the claire, senator warren, quote, said senator sessions has used the awesome power of his office to chill the free

exercise of the vote by black citizens. i call the senator to order under the provisions of rule xix. >> mr. president? >> senator from massachusetts. >> mr. president, i am surprised that the words of coretta scott king are not suitable for debate in the united states senate. i ask leave of the senate to continue my remarks. >> is there objection? >> object. >> i appeal the ruling -- >> objection is heard. the senator will take her seat. >> according to majority leader mcconnell's staff warren is now banned from speaking on the senate floor for the remainder of the debate on sessions nomination. she's not staying quiet, though, seizing this moment, she took to the internet to read mrs. king's letter after she was cut off from the senate chamber and then told cnn's don lemon a new level

of hostility in politics won't silence her. >> there's been some hard words on the united states senate through the years but all of a sudden, when i'm reading something, a truthful statement from coretta scott king, the answer -- nope, can't say that. well, i'm going to tell you this. they can shut me up, but they can't change the truth. >> and the debate over the sessions nomination is expect stod wrap up at 7:00 eastern tonight when a final confirmation vote is planned. let's go to washington to bring in zach wolf managing editor of cnnpolitics.com. fascinated to get your read on this. you know, reading a letter on the floor of the senate. maybe that would have been, you know, your typical kind of nomination process antics. but then to shut her down, it almost -- it almost made a voice rather in a way. >> unquestionably, i mean, this is a speech that very few people would have seen.

c-span junkies maybe tuning into this jeff sessions debate that goes on for hours and hours and days even in this case. but by shutting her down, they've essentially given her a platform. you have to wonder the strategy, if there was one behind this for republicans, they've certainly galvanized elizabeth warren and her politics. >> yeah, was that a tactical error by senator mitch mcconnell? >> we'll have to see, you got to wonder what was going on in his mind while doing that. especially since she was reading a letter from coretta scott king. it's not like she was saying jeff sessions used the force of his power. it was a letter from kind of an i skaun of the civil rights movement doing that. >> and remind our viewers why she was bringing that letter. it was a criticism of jeff sessions at a time when he was being considered for a federal courtship. >> that's right. he did not end up getting that federal judgeship. it was beforele he ran for senate.

it was back in the '80s. and honestly, this kind of episode had almost been forgotten in the confirmation fight of jeff sessions. he seemed to do very well in his confirmation hearings, answering some of these questions. democrats didn't have the numbers to stop him. by doing this, they've really opened this whole chaptser back up again. >> it's clear they don't have the numbers to stop him but they're trying to find other ways to slow up or oppose the president's nominees. let's listen to what senator mitch mckauth said. his rationale here. he said she'd been warned and she didn't listen. >> senator warren was giving a lengthy speech. she had appeared to violate the rule. she was warned. she was given an explanation. nevertheless, she persisted. >> so, for those of you not as geeky as zach and others and don't know what senate rule xix

provision 2 is, no senator in debate shall directly or indirectly by any form of words impute to another senator or other senators any conduct or motive unworthy or unbecoming a senator." so a letter from coretta scott king, mitch mcconnell rules, fulfills that mandate there? >> yeah, well, the reading of it during this debate on sessions, i guess, does it. and it's by giving it voice perhaps that does it. he said she was warned. i can't imagine that's going to help her cause much. >> senator warren talked about respect and decorum in the chamber. >> we have to treat each other with respect. this place is going to evolve into nothing but a jungle. i'm not perfect so i'm not going to act like i am. all of us have to take stock.

we need to start thinking about how we might bring each other together in the best interests of our country. >> i thought that was an interesting remark. elizabeth warren on our air last night. saying remarkable hostility happening right now. and she feels she has to find other ways of voicing herrest from interrogatoriefrustration. >> it's interesting with what's going on, after they changed the filibuster rule which is is arcane development of procedure. 51 votes gets you, with the supreme court nominees, instead of 60. you can really tell, the senate used to have this sort of -- i don't know what the right word is -- it just felt a little bit different. recently, it felt like the house, a lot of democrats are saying that, the way the senators are interacting with each other. >> i think the word you're looking for is gravitas.

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9th circuit expected to rule as early as today on trump's refugee and travel ban. during a 60-minute phone conference these judges sparred on both sides. government lawyers they tried to make the argument that the president does have blanket authority in case of national security and should not be impeded by the courts and that

triggered pushback from the judges. >> district court's decision overridings the president's national security judgment about the level of risk. and we've been talking about the level of risk that is acceptable. as soon as we're having that discussion it should be acknowledged that the president is the official that is charged with making those justs. >> so while -- >> talk briefly -- >> are you arguing that the president's decision in that regard is unreviewable? >> the -- yes, there are obviously constitutional limitations. but we're discussing the risk assessment. >> right. attorneys for the states argued the president's travel ban harms u.s. citizens and discriminates against muslims. a suggestion that triggered this confrontation between a judge and attorney from washington state. >> but i have trouble understanding why we're supposed to infer religious animus when

in fact the vast majority of muslims would not be affected as residents of those nations. and where the concern for terrorism with those connected with radical islamic sects is kind of hard to deny. >> your honor, the case law in this court and the court, in the case of discrimination, we don't need to prove that this harms only muslims or that it harms every muslim. we just need to prove that it's motivated in part by desire to harm muslims. >> how you can infer that desire if in fact the vast majority of muslims are unaffected? >> well, your honor, in part, you can infer it from intent evidence. i mean, there are statements that we've quoted in our complaint that are rather shocking evidence of intent to zrim gait against muslims. >> 9th circuit will only decide whether the washington state's judge overstepped his authorities by suspended the

president's travel ban. let's go to washington and bring in michael moore. nice to see you this morning. thanks for coming back. i know we've talked a couple times this morning. what did you hear in that 60-minute hearing, and what are the next steps here for this panel? >> you know, i think it was pretty clear that the court was well briefed on this issue. the judge has a lot of questions to ask of counsel. the one thing i'd warn, i don't know if i'd put a lot of stock in which side is going to win. the judges are going to push each side. they're going to look for loopholes and legal arguments. i don't know i'd put a great deal of stock in that. they spent a lot of time talking about standing and standing of the state of washington to bring the case, in fact, does the state have the right to bring the case on behalf of citizens. and there are two theories that the judges explored a great deal. i do think the racial animus was interesting. and beginning to talk about what

evidence is there. we're not getting into the merits of the case. these judges are not looking specifically at whether or not this order passes constitutional scrutiny, rather, looking at this as an injunction, and whether or not the party has a likelihood of being able to succeed on the merits of the case and whether or notes there irreparable harm. and it did talk about exhibits attached. those exhibits are evidence that the judges can consider, and confined to the proceedings at this stage of the case. and the terms muslim ban during the campaign. statements being made. one judge mentioned rudy giuliani and statements made since then about the ban, that may have shed some light on the intent behind the executive order. >> fascinating. so, we know there could be a ruling from this panel maybe by this evening. what happens next? >> well, if they rule, and expect the case will wind up in the supreme court which is an interesting question, too, because we've got a 4-4 court as

it standed right now. and if the supreme court can't have a majority decision, then the ruling of the appellate court would remain in place. but one side could petition for a hearing en banc for a 9th circuit court of appeals to come and hear the case. it's interesting, though, to remember we're really in an expedited schedule by the district court. and the judge in the district court has still ordered the briefing go forward. that activity going on on one side. the 9th circuit may very well send the case to the district court so more evidence can be gathered. they can have more question as intent, racial animus. how many people might be affected by the travel ban. you heard one judge talking about 15% of muslims from at least seven countries and how does that affect people. so you may see some of that. you may see the 9th circuit ask the district court to take another look at this, get evidence. >> you talked about religious animus.

there's been a judicial animus from the executive branch that's been remarkable to watch. and i'm wondering what your per inspects tifr is as someone who is part of the judicial branch, to the kind of rhetoric that we've seen from the president, as the judges are debating his power? >> well, i think it's disappointing and it's unusual. i can tell you that the framers of the constitution gave us three branches of government. they're coequal branches. we have checks and balances in our system to make sure that one branch or the other doesn't exercise too much control. and i think it's unfortunates to hear the president call out a judge specifically. i don't know that we should have a president calling a judge a so-called judge. any more than we should have a judge calling the president a so-called president. i can tell you i've been in thousands of cases in front of many judges in my career. i may have disagreed with the judge. i may have disagreed with the ruling. i can tell you when the judge

came in i got up and stood on my feet. when he or she left, i got on my feet again. that's because we respect that position. i hope that doesn't become the norm. i have some fear that we may be seeing more of this down the road as we get midnight tweets and that type of thing. hopefully, we'll see some cooperation and respect between the branches. >> michael moore, from the middle district of georgia. thank you, sir. president trump's next executive action on immigration could involve worker visas and corporate america bracing. the h-1b, in met to fill a skill gap. allowed qualified workers to work at u.s. companies there are restrictions for pay. 85,000 visas are awarded each year. they're awards by lotly. and the demand is far greater than than this. they can stay up to six years. most are awarded to outsource

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♪ the patriots parties through the streets of boston celebrating their fifth super bowl. andy scholes has more in this morning's "bleacher report."

hi, andy. >> good morning, christine. you know, this may has been the patriots fifth super bowl parade, but this one is special, not only because of the way they won, because the fans considered it the ultimate revenge for roger goodell for ultimate deflate-gate. thousands turned out for a party isn't the know. tom brady with son benjamin. brady took the mike at the end of the parade to thank those who came out. >> that game was hard. that game was real hard. but you know what, we're going to remember this one for the rest our lives. >> we got your back. we know that you got our back. and that's number five. hell, yeah, that's number five. >> rob gronkowski may not have been able to play in the super bowl due to injury, but he was able to get after it during the parade. gronk was catching beers from

fans. and despite it being in the 30s, he even lost his sweatshirt and shirt at one point. >> that wasn't the plan going that crazy, but the fans were asking for it. and i brought what they wanted. i chucked beers to them. i had to. this is unbelievable. i love them so much. >> now, later in the day, gronk attempted to hold all five patriots lombardi trophies and it almost did not end well. but luckily, he was able to hold on and recover. now, most fans across the country dreamed to go to a championship parade for their team. but for 15-year-old patrick magillicutty, it's nearly a ritual. look at this poster. 15 years old, ten championship parades. the boston fan base, by far, the most spoiled in the entire country. finally, still no sign of tom brady's super bowl jersey. and the houston police department holding a press conference saying they are taking this case very seriously.

>> we deem this a pretty important case. we've got our top investigators on this case. and hopefully, we'll make an arrest. but more importantly, we'll recover that jersey for tom brady. >> i don't know, i don't think that jersey's ever going to turn up. >> i'm wondering, who are the people in that locker room at that moment? are there any all the of people? are there reporters? >> i've been many of those locker rooms, it's chaos. it's tons of media in there. it would have been pretty easy for anyone to swipe it and put it in a bag and walk out of there. i don't know if we'll ever find that jersey. >> the consolation for tom brady, he did this five times. >> nice to see you, andy scholes. senator elizabeth warren tries to read an old letter on the senate floor. but republicans use an old rule to shut her down. more on the shocking rule in the senate. on.com.

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i appeal the ruling -- >> objection is heard. the senator will take her seat. oh, dramatic moments overnight if on the senate floor, a lawmaker silenced using an old rule after she tried to use an old letter to make a point. the court will rule on the president's travel ban as as soon as today. did the lower court overstep its bounds or did the president overstep his authority? good mornings everyone, i'm christine romans. it's 30 minutes past the hour this wednesday morning. elizabeth warren silenced. majority leader taking action as senator warren was trying to read the words of coretta scott king to criticize the nomination of jeff sessions. senators mcconnell invoked a rarely used rule, rule xix. normally, a floor speech gets little to know attention. but when mcconnell shut down warren's speech invoking the

wording of martin luther king's widow, mcconnell may have given warren and others a spark. watch what happened on the senate floor. >> this is what it said "may all mothers, daughters, sisters, fathers, sons and brothers -- >> mr. president. ♪ >> the majority leader. >> the senator is the motives by our colleague of alabama as by the chair, senator warren, quote, said senator sessions has used the awesome power of his office to chill the free exercise of the vote by black citizens. i call the senator to order under the provisions of rule xix. >> mr. president? >> senator from massachusetts. >> mr. president, i am surprised that the words of coretta scott king are not suitable for debate in the united states senate. i ask leave of the senate to continue my remarks. >> is there objection?

>> object. >> i appeal the ruling -- >> objection is heard. >> the senator will take her seat. >> now, according to majority leader mcconnell's staff, warren is now banned from speaking on the senate floor for the remainder of the debate on sessions nomination. she's not staying quiet. she took to the internet to read mrs. king's letter. after she was cut off in the senate chamber. and then she told cnn's don lemon, a new hostility of politics won't silence her. >> there's been some harsh words on the united states senate over the years, but all of a sudden when i'm reading something, a truthful statement of coretta scott king -- answer -- no, you can't say that. i'm going to tell you, they can shut me up, but they can't change the truth. >> the debate over the sessions nomination is expected to wrap up at 7:00 eastern tonight when a final confirmation vote is

planned. let's go live to washington and bring in zach work, managing editor of cnnpolitics.com. you know, i wonder if this was a tactical error by the gop. now, because what would have been something that played out on c-span to maybe not even a sound bite on evening news has become a big story. >> a big story and something that democrats are going to use, i think, going forward. it's certainly something that elizabeth warren is going to raise her profile. she already had quite a profile but this is optically telling a woman senator to take her seat. it might work in the rules of the senate. but in today's day and age, it doesn't really play. >> let's listen to senator mitch mcconnell telling her that she was warned to take a seat. let's listen to that moment. >> senator warren was giving a lengthy speech. she had appeared to violate the rule. she was warned. she was given an explanation.

nevertheless, she persisted. >> for those of you who don't have the rules of the senate memorized, rule 19, no senator in debate shall directly or indirectly by any form of words impute to another senator or other senators any conduct or motive unworthy or becoming a senator. it certainly maims newsworthy. >> it's interesting the senate prides itself ton decorum on these kind of old rules. you feel that changing a little bit. they recently changed -- democrats changed the filibuster rule which was not an official fight in the constitution, it was a rule that required 60 votes. so, they changed. you got to wonder if other rules will be changed soon. >> the other story in washington, this remarkable interview between jake tapper and kellyanne conway. she was on cnn air for more than

20 minutes yesterday afternoon. and it was just fascinating to watch. because you have a white house that has called the media, cnn and others, fake news. has really been confrontational. and just has disregarded fact in so many cases. i want to play a little bit of this exchange between jake and kellyanne conway. i'm talking about the president of the united states saying things that are not true. demonstratively not true. that is important. >> i think more important than many things that he says are true that are making a difference in people's lives -- >> they distract from them -- they distract from the things he says. >> he was talking about the president's false statement about the murder rate. the murder rate at a 47-year high. you can see these are the official government numbers. the numbers from the fbi, i believe, that show, in fact, it is not at a 47-year high. and what jake was trying to say and what kellyanne was trying

to -- i mean, i think she was trying to extend an olive branch.at one point she said we have co-custody of this white house for the next eight years we have to figure out how to get along. and jake said, look, we can't really get along if we don't agree on the facts. >> and it was interesting we heard her saying we no ignore the misstatements or not facts because they're outweighed by things that do say are truth. the problem is you can't always tell which is which. the murder rate, you can look at the government statistics and say, oh, yeah, it's actually a 47-year low. but some of the other things he says, it's more difficult. by the way, these are things he repeats -- the murder rate, he repeats these things over and over again. >> zach wolf, we'll talk to you very soon. thanks for coming on. thanks, zach. a ruling on the president's travel ban coming as soon as today. we have the arguments in the next level steps. ♪(music plays)

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♪ welcome back. three federal judges on the 9th circuit court expected to rule as early as today on president trump's refugee and travel ban. during a 60-minute phone hearing last night, the judges sparred with attorneys on both sides, government lawyers trying to make the argument that the president has blanket authority in cases of national security and should not be impeded by the courts on this. that urged pushback from the judges. >> district court's decision overrides the president's national security judgment about the level of risk. and we've been talking about the level of risk that is acceptable. as soon as we're having that discussion, it should be acknowledged that the president is the official that is charged with making those judgments. talk briefly -- >> so, are you arguing them, the president's decision in that

decision in that regard is unreviewable? >> the -- yes. there are obviously constitutional limitations. but we're discovering the risk assessment. >> attorneys for the states argued the president's travel ban harms u.s. citizens and discriminates against muslims. a suggestion that triggered this confrontation between a judge and attorney from washington state. >> but i have trouble understanding why we're supposed to infer religious animus, when in fact the vast majority of muslims would not be affected as rvn residents of those nations. and where concern for terrorism with those connected with radical islamic sects is hard to deny? >> your honor, the case law for this court and the state court is clear we do not need to prove

that this harms muslims or that it harls every muslim. we just need to prove that it was motivated in part to harm muslims. >> how did you infer that desire if in fact the vast majority of muslims are unaffected? >> well, your honor in part, you can infer it from intent evidence. i mean, there are statements that we've quoted in our complaint that are rather shocking evidence of intent to discriminate against muslims. >> thele 9th circuit will only determine if the washington state overstepped its authority. we want to bring in legal mind on this, michael moore. former u.s. attorney from georgia's middle district. so, what are the possible next steps here? i mean, by the end of the day, we think we could have a ruling. what are the possible outcomes here? >> yeah, there's a great likelihood, christine, that the 9th circuit will send the base back to the district court. if that happens, the judges will go through the briefing schedule. the other evidence is that the

judges could petition for reallergy en banc to hear the case or make an appeal to the u.s. supreme court. that's, ultimately, i think we were talking about the case, but i think that's a likely outcome. >> one way or the other get to the supreme court. let's talk about the dynamics on the supreme court. in six weeks, you're going to have the process begin for judge gorsuch. you've got a 4-4 split. but justice kennedy is often seen as a swing. what about the dynamic there? >> you're right, we don't say there's four conservatives and four liberals. we do see justice kennedy move back and forth. but you've seen chief roberts move back and back. >> obamacare. >> that's right. that's not unusual. you had justice souter who by all intents people thought he was conservative but he went around to the liberal side.

i don't know i'd say they're totally aligned 4-4. but if they stay 4-4, ultimately, the decision reached in the appellate court will stand. there's one thing in the supreme court, the federal stachgts that seem to be in conflict with one another. one says the president had authority to do what he did and the other says you can't discriminate against someone because of where they're from. that might be something that piques the court in terms of that particular case. >> this is all about standing, right? the standing of the court to hear this? >> that's right, there was an awful lot of time talking about standing. i just wish that the state of washington can come in on behalf the guardian of its citizens to bring in the lawsuit. they brought a suit which means the guardian of the people but also under an economic argument. saying, look, this affect it's our tax base, our universities, school systems, that type of thing. so it will be an interesting

case. i think they spent a lot of time there, i think ultimately listening to the questions and looking at the law that probably the court will find the state of washington has standing. the question is, now do they go and look at limit the scope of the order? do they go back and send it to the district court? how do they come out? i don't think you can put too much into question we'll see where they go. can. >> you'll be alongside to determine what's happening. michael moore, nice to see you. >> good to see you. >> the u.s. economy is coming along. but what about your personal economy? some americans are struggling and feel left behind. others are enjoying rising home prices and stock market. one thing that everyone has to deal with in one form or another, taxes. i asked the ceo of r & r block what he sees for the millions of tax returns that his company's getting ready to file. >> i think opt michl is high. i think the country has been on a nice run here. i think unemployment is down. i think that some of the

policies that we're hearing about i think would be beneficial to businesses, i think would be beneficial to consumers. so, i do see a lot of optimism. we see a lot of people. we do over 20 million tax returns a year. we so it from all income levels. and i think people are a little confused. they're confused about things like health care and the like, but generally, i think people are feeling pretty good. >> he also says simplifying the tax code will help individuals, help small businesses. and he gave me this statistic on just how confusing the current laws can be. h & r block deals with all of the tax laws there are five different definitions of a child in the u.s. tax code. so he says a simplification is long, long overdue. let's take a look at what's coming up on "new day." chris cuomo is coming up. >> you like doing this show alone, don't you christine romans? it's certainly an improvement. that was a great discussion what's going on in the 9th circuit.

it is more complicated than people think. the argument has a full range of different points of intrigue. what's going to happen? the judges have to decide soon. we'll take you through the possible outcomes in all likelihood it doesn't end anytime soon. we're also going to take a look at late-night drama that took play in the senate. the republicans voted along party lines to silence senator warren. why? because they say in the form of mitch mcconnell, the senator majority leader that she broke a senate decorum rule of impugning the character of another senator by reading and this becomes the most important part -- by reading the wording of coretta scott king in a letter that she had written, christine, about whether or not sessions should become a judge back in the '80s. we'll take you through that. then the big debate last night. cruz and sanders, what ground was shown? what is the state of play between democrats and obamacare,

was laid there, we'll make it clear. >> a lot of news to get through. so many developments. chris cuomo we'll follow you for three hours on that. facebook making a move to give tech employees more paid family leave. we'll tell you the new program that is doubling the amount of time off for one important event to support families. details -- next. to me the acidity of foods and what they can do to your teeth. thinning of the teeth and leading to being extremely yellow would probably gross me out! my dentist recommended pronamel. it can help protect enamel from acid erosion. my mouth feels really fresh and clean and i stuck with it. i really like it. it gives me a lot of confidence. pronamel is all about your enamel. helping to protect your enamel. ...without writing i wrote ya single word.... introducing a new way... ...to create a gift from the heart... ...that could only come from ...the pandora boutique at jared.

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all right. 54 minutes past the hour. the u.s. military is looking to rent rooms in trump tower. a pentagon spokesman says they're working through appropriate channels to rent a limited amount of space in trump tower. now, this will be separate from the secret service detail that workings out of the trump family's residence. the move raises more conflict of interest questions because it could directly funnel government money into one of trump's business interests. >> the white house is searching

for a new communications director. officials say they're trying to lighten the load on the press secretary sean spicer handling both jobs. he's been the spokesman and coordinator there. there are some sources telling cnn that trump is disappointed with how spicer has performed so far. mr. trump was reportedly not amuse by the scathing spoof on "snl" this past weekend which featured melissa mccarthy playing spiegser at a white house press briefly. spicer did not respond to our request for comment. no surprise that the president is not am mused ever by "snl" and the skits on "snl." so may not be fair to single sean spicer out there. officials in yemen are requesting the u.s. to suspend ground missions against suspected terrorists in the country. many officials now want to have full approval and a role in dwoo coordinating operations. officials said to be outraged by the number of civilians killed in last month's al qaeda raid. a raid that also claimed the life of a u.s. navy s.e.a.l. a big cleanup is under way

this morning in southern louisiana after seven confirmed tornadoes touched down tuesday, including a tornado in new orleans. both the governor of louisiana and the mayor of new orleans issuing emergency declarations. scores of homes and businesses destroyed. dozens of injuries have been reported but thankfully, no deaths. the president tweeting overnight our thoughts and prayers are with everyone in southwest louisiana affected by yesterday's tornadoes. all right, let's get a check on cnn's money stream dow futures up. shares in asia quoting mostly higher. the biggest gains in china as investors jumped back into emerging markets. that is a big reverse from what we saw earlier from the u.s. election. oil down 1%. for the first time in 100-year history general motors sells 10 million cars in one

year. strong sales in china more than made up for slower sales in the u.s. gm is the largest automaker and a strong year helped turn a record profit. the company is sharing that profit with its employees. its 52,000 u.s. factory workers will receive bonuses of up to $12,000 each. interesting people are buying suvs and larger vehicles. facebook is among the tech companies in leaders. it's raising the bar yet again. employees at facebook will now receive up to ten days of bereavement leave after the death of an extended family member. and as many as 20 days to grieve the logs of an immediate family member. employees will also get up to six weeks paid time off to care for a sick relative. and three days for a family

member with short-term illness. think about it, sick kid, three days to take care of your family. cheryl sandberg writes, quote, we need public policies that make it easier for people to care for their children and ageing parents and families to mourn and heal after their loss. making it easier for americans to be workers and family members that they want to be. sandberg's husband died suddenly back in 2015. so this is personal. she's been vocal about companies and public policies that supports working families, husbands,er ins. videos topics you want on one feed. download it in the app store, google play. thanks for joining me. "new day" starts now. senator sessions has displayed open hostility to the likes of all americans. >> senator will take her seat.

>> the senator is impugning the motives. >> she can shut me off but they can't shut off the truth. >> the historic partisan law jam. three judges to expected to rule on the president's travel ban. >> decision in that regard is unreviewable? >> yes. >> either you have it in the record or you don't. >> is cnn fake usnews? >> i don't think cnn is fake news. this is "new day" with chris cuomo and alisyn camerota. >> we're going to welcome our viewers in the united states and around the world. it's wednesday, february 8th, 6:00. first, elizabeth warren, a u.s. senator, getting silenced, getting accused of impugning the character of a senator over the

nomination of jeff sessions for attorney general. >> so the massachusetts attorney general was cut off. questioning the civil rights record. this comes as we have it all covered for you. let's begin where at this hour democrats continue to hold the senate floor. what's the latest? >> that's great. democrats held the floor all throughout the night and they continue at this moment down on the senate floor railing against senator sessions to be the next attorney general but it was really that moment, that remarkable clash between senate leader mitch mcconnell that is how hostile it has become up here on