supreme court nominee neil gorsuch saying attack on one judge is an attack on all of them. this is "cnn tonight," i'm don lemon. breaking with president trump calling attacks on members of the judiciary demoralizing and disheartening. and she's not backing down, why silences elizabeth warren on the senate floor is coming back. get to my panel.

hello. welcome to all of you. start with you. president watching the live oral arguments along with millions of others last night. probably watching on cnn but listening to them because telephoned by audio. today lashed out at three federal court judges who are deciding the case accusing mem of acting politically. >> i listened to a bunch of stuff last night on television that was disgraceful. i don't ever want to call a court biased so i won't call it biased. and we haven't had a decision yet. but courts seem to be so political and it would be so great for your justice system if they would be able to read a statement and do what's right. >> across the line? helping his case?

hurting? does it matter? >> probably doesn't matter much. courts are political. he knows that apointed gorsuch instead of merrick garland, political decision. unfortunate in yesterday's argument the two judges that seemed more sympathetic to washington state were democratic appointees and more sympathetic to the position of the white house was republican but should have been angry more at the lawyer for the justice department who didn't do justice to the case that the white house has. they have a stronger case than that which was made by the lawyer. fell into a trap by opening argument emphasizing the president's power over national security. that opened the judges up to asking what is your evidence? what is -- where is the record on that? you're just speculating. i don't think the judges really believe that president trump

knows about impending terrorist attacks from classified information, but they have to give him credit because he's the president of the united states and he's the one who initially makes decisions about who to exclude. it's a balancing act and president has to understand this is the only country in the world where judges are equal to the president, judicial branch is coequal to the government. doesn't understand that. >> above the law is reporting that trial lawyers sent a letter defending judge james robart of the ninth circuit who stopped ban in its tracks. writes lawyers across the political spectrum believe the president's personal attacks on judges and judicial branch are improper and destructive, face ethical constraints? ability to respond. letter calls on president to retract and end personal

attacks. what can the solicitor general do about this? anything? >> not much. if you want to harness trump, not going well for anyone who has tried. now the context of this case matters and why it's in front of the court matters. i understand why you're irritated listening to oral argument. if you've never heard one before, going at people arguing case to find weak points is attacking them but that's your job. trying to convince the judges how to rule on the case. it's hard to predict on the questioning alone which peppered both sides well, what the leanings really are. you have to wait for the process to unfold, in the meantime stay off twitter. >> and i have reservations about the letter sent. treat judges as if deities that

can't be criticized. these are unaccountable, life tenured judges who have life and death power over all sorts of situations. they should be open for criticism, including from the president. >> i agree. >> and you know, so he doesn't want to respond, too bad, deal with it. >> you heard alan last hour, he criticized a judge and almost went to jail. >> in italy, might not be so bad. >> in college. >> but we've all criticized judges and should continue. in the roosevelt administration the good guys were criticizing the judges, now you have to be able -- >> alan, let me ask you, appoint a judge -- accusing of future terrorism attacks. is that too far. >> it is. saying to judges don't free people because there's doubt

about something or error. whenever you free someone who might be guilty, are you responsible? no the system is, shouldn't point the system at judge. >> jeff sessions confirmed tonight as attorney general. president not happy about this, trying to get the ban through. make a difference? >> i don't think so. this is about the facts and law. >> president trump also raised specter of terrorist attack today. listen to this. >> terrorism, a tremendous threat, far greater than people in our country understand. believe me. i've learned a lot in the last two weeks and terrorism is a far greater threat than the people of our country understand. >> julia, any greater risk of attack because of the

restraining order? >> doesn't work that way don. if you do this, they'll do that. as we all know, what animates a terrorist, they're capability and motivation and access to soft targets, individuals or populations, so many variables to just say if it weren't for the media, then would be safer or for judges we would be safe. all the drama and distraction about what i agree with trump is a threat. spent my career in it, of course i agree. it's a way of not focusing on stub stantive issues around counterterrorism. called them the real housewives, there's drama coming out of there. we have executive order alienated our allies, including european allies. humanitarian workers for the red

cross killed in afghanistan, and yemen making statements because of the failed raid whether we can come in and do covert operations. and clearly not happy being on that list. we have issues with the counterterrorism strategy, whether trump's strategy is effective or not. all this stuff he's doing keeps us from assessing and judging what the threat is and how to fight it effective -- >> this about fear? sean spicer asked if knew about specific threat. trying to scare the public? >> i think so. anyone who knows american public -- we kind of infantilize the american public. we know there's a threat and hard to know when its coming. put confidence in the government

to minimize it, get involved by seeing something, saying something. support the first responders. all this talk about i know things you don't know, it's a way of scaring people to make terrorism a bigger issue than it is and distracting from what i think are failures of his counterterrorism policy to date, the executive order, yemen raid and who knows what is coming next. >> big increase in traffic into our country from certain areas while our people are vulnerable as we wait for what should be easy d. is that going to put pressure on. >> -- d. i'll go there. >> are you old enough to be in the program? >> alan arrested in italy, i don't know what is happening. reason why the president stood up to talk about the lawyer,

constitutional ability to decide who comes into the country and why the seeds of fear are being planted because he has the conception the court is second guessing his national security risk assessment prerogatives. that's not what is happening right now. ninth court is saying we had a status quo. obama administration named these countries before and had vetting in place. tell us why we can't go back to that time and why that no longer works. if there is no reason why we can't go back to status quo, the ban stays suspended until you have a full hearing on the merits. this is really fearmongering but also because he doesn't nrts basis for the rule. >> but the court did question his authority. there were judges on that court yesterday challenging the government lawyer, and he didn't

respond well to the challenge, saying where is the evidence? how do we know? these are hard questions. and i think the lawyer for the government didn't appropriately respond with institutional answers about what the proper role of courts and executive and legit lature. he does have a point. i imagine him watching that saying i have classified information, they don't. why questioning me like that? i think he has a real learning curve to figure out his relationship with the judiciary. >> shouldn't judges be able to question the president? >> of course. that's why saw the process operating yesterday. imperfect. >> if they take offense, should he? >> each side should be willing to criticize the other. >> thank you panel. silencing senator elizabeth warren on the senate floor backfires on republican leaders.

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tonight a lot of democrats are rallying around senator elizabeth warren, last night silenced on the senate floor by republicans for reading a letter written 50 years ago by coretta scott king criticizing jeff sessions. afterwards called into this program. >> there have been hard words on the united states senate through the years but all of a sudden,

reading a truthful statement from coretta scott king, answer is can't say that. they can shut me up but can't change the truth. >> let's discuss now. symone sanders, ron naring. good to have you both on. elizabeth warren weighing in on jeff session's confirmation. there is no rule 19 to silence me from talking about jeff sessions anymore so let me say loudly and clearly, this is just the beginning. if jeff sessions turns a blind eye while donald trump violates the constitution or breaks the law, he'll hear in all of us, makes the tiniest attempt to bring his racism, sexism and bigotry in the white house will hear from all of us -- consider

this my warning, we will not be silent. we will speak out and we will persist. do you think the backlash over the senator warren's silencing is fair? >> you know, i think what you have right now is democratic party that's in crisis, it expected to win the last presidential election, got blown out. now a discussion going on in terms of what direction should the party go? bernie sanders and radical left or try to appeal, win back voters, union voters for example who donald trump won. i haven't seen anything from elizabeth warren or any democrat in the house or senate that indicates they're serious about winning back anyone in the coalition. >> for time purposes though, do you think the backlash has been

fair? >> nothing is fair in politics. this is -- if you're interested in fairness, people need to find another line of work. reality is we see grandstanding. jeff sessions was always going to be confirmed. no possibility the democrats would stop it whatsoever so we see grandstanding and posturing and people trying out different type of techniques to get a foothold for the democratic party going forward. >> but look at headlines, i know you say it's grandstanding. #shepersisted. #letlizspeak. >> and hillary clinton with this weet. how not give her more of a voice. if tree falls in woods nobody would have cared. not on cable news over the media and in the paper and hashtag.

maybe the strategy was wrong. >> elizabeth warren's mini me hillary clinton just on the ballot and crushed in the election. same shrill tactics by elizabeth warren and hillary clinton. this doesn't work. if democrats continue moving in this election which produced a loss to donald trump in the last election, how going to build a majority. not on the path -- >> now ron. >> as partisan republican, they can continue on this path for as long as they want, continued minority path for them. >> you know that donald trump lost the popular vote. doesn't mean anything in the context of 270 but what the american people believe in and what they want. look, what happened on the senate floor last night was egregious, it's appalling that words coretta scott king not appropriate for the senate

floor, and during black history month nonetheless. this was frankly a bad call from senate republicans. they helped blow it up. #i'mwithher, all of those. this was about attempted silencing of those words. >> male senators allowed to read it out. >> sexism. >> do you think it would have happened to man? why senator warren. >> we have to ask the republicans why -- and senate republicans specifically why time and time again they traffic in sexism and in some cases bigtry, talking about senator sessions. >> but elizabeth warren told tnt she didn't think it was sexist gesture. >> that's senator warren's opinion. sometimes things sound differently coming from female voice than a man's voice. those are just the facts.

some people can't take it that coretta scott king or elizabeth warren or anybody speaks up with an opinion. this ground swell that happened yesterday is not going away. this is the energy that democrats need. i disagree when he says it's failed strategy. contrary to that point, we're not. this is reminiscent of the tea party in 2009. this is what we're seeing on the left. >> i have to ask you though ron, made the comparison between hillary clinton and elizabeth warren and said shrill, sort of, politics or actions. no one describes man as shrill. do you think that's sexist remark? >> no i don't think so. just listen to either elizabeth warren or hillary clinton. these are people who are catering with their rhetoric and style to a particular branch of the democratic party. >> how is that different than what the republicans do. >> hold on a second.

that's where the energy in the democratic party is today, why bernie sanders did as well as he did and why hillary clinton needed biased democratic national committee to take the nomination away. >> no no. >> that's interesting dynamic but see anything happening? coming from elizabeth warren or chuck schumer or nancy pelosi or anybody left in leadership in the democratic party to build a democratic majority going forward? absolutely nothing. donald trump is president today because did very well among a bloc of voters traditionally democrat. union people. counties where donald trump overperformed over mitt romney and doing nothing to get them back. >> power with the people here. democrats have work to do but people are showing up in airports to protest the muslim ban, in communities across the

country, to democratic party meetings. that's what we need and going to get us gains on the local level. >> all those people voted for hillary clinton. >> we don't know that. fact of the matter is, republicans are scared. they have donald trump who is unhinged off his rocker as president of the united states of america and see these people in the streets, ground swell and egregious and -- >> that existed on the election day. >> let me ask you ron. people said the same thing about the tea party. wasn't going to make a difference. people screaming and doesn't translate in the votes. and it did. are republicans concerned about the people in the streets or should they be? >> in my opinion they should be. >> tea party came about in 2009, in 2008, i don't think the republican base was energized.

i was there, chairman of the california republican party at the time. >> democrats weren't energized in this election earring. >> making my point. >> the democratic base was very fired up in the most recent election in 2016 because donald trump is a one man nuclear reactor charging up democratic base. no one is going to say the base is more charged up more than on election day and hillary clinton was blown out in the electoral college. politics is about addition. don't see anything coming from the democrats -- >> we're ut of time. >> look around the streets. people are coming and change is coming. >> thank you. keep arguing in the break. be right back.

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president trump criticizing the judges deciding the legal challenges to his travel ban saying quote it's a sad day. here to discuss, sally kohn, kayleigh mcenany, bakari sellers and bob cusack, the king of the

hill. it's a preelection panel. here is president trump discussing the three judges. >> if you were a good student in high school or bad student, you can understand this. and its really incredible to me that we have a court case that's going on so long. as you know in boston we won it with a highly respected judge and very strong opinion, but now we're in an area that -- let's just say -- they're interpreting things differently than probably 100% of the people in this room. >> so the judge is strong and respectable when the judge agrees with him. your reaction? >> i don't think so there's any positive to this for donald trump because he's going after judges. he's gone after john robarts

before, and lot of the trump agenda will end up at supreme court. i think a lot of his aides are probably thinking maybe not the best thing. >> kayleigh do you think he's trying to intimidate the judges or minimize the expectations of the ruling? >> i think it's latter. not going to intimidate judges with life tenure. perhaps to minimize expectations. ninth circuit is most liberal and most overturned in the nation. i've heard sitting senators say things about the executive, the president of the united states, just two hours ago a senator called his decision making abhorrent, elizabeth warren calling a new member of the executive jeff sessions hate filled. for one to criticize the other seems acceptable to say things about donald trump but lightly criticize the judiciary it's all

over -- >> neil goersirsuch is -- >> he's not at supreme court just by. >> be clear about this. >> that would be groundbreaking. >> i have 8-year-old and tell 8-year-old that two wrongs don't make a right. shouldn't have to tell the president that. doesn't matter who you cite or mention, you and i both went to law school and know we should be offering a basic modicum of respect to the judiciary and if a democratic president did this you would be howling from the rafters, it's not okay. what he's trying to do is disrupt half of the american public's faith in the judiciary along with the media in general to sow discord and find his power in the mess. and also planting blame.

if there is a kind of attack anything like what might have possibly supposedly prevented by his completely unlawful and unrelated to presenting terrorism muslim ban, can blame the judiciary. >> it's not because of what donald trump said but actions of the judiciary kwhs practically a politic political branch of the left. >> except the one in michigan. it's fake when i don't like it. or wrong. >> elements outside of the room. better jump in. bakari. >> no question about it. when you heard his quote. jump in with kayleigh and sally, went to law school as well. absent any legal nuance whatsoever or legal justification. not sure that donald trump knows

what that is. but i do think he's doing more than criticizing, it's unfair to characterize when a senator mcconnell chastises a barack obama or elizabeth warren chastises donald trump with this scenario, and that's because donald trump has gone to the foundations of our democracy. put out there and tried to scapegoat these judges if any terror attack happens in this country. that sows distrust in the judiciary. i have to piggyback on sally's statement. it's not a simple criticism of one judge or another. setting bad precedent. moving forward let the courts play out. mcconnell said it on sunday. let it shake out and see what happens. >> move on to something else. last week nordstrom announced

dropping ivanka trump's clothing line. declining sales after boycotts and in statement repeated strictly a business decision. however the president attacked nordstrom tweeting daughter ivanka tweeted so unfairly by nordstrom, great person, always pushing me to do the right thing. terrible. official potus account retweeted it. you have a lot of thoughts. >> on the heels of really important lawsuit revealed today filed by melania, valid liable lawsuit she has a right to file and think is good claim, she's saying damages that should accrue from that liable affect her ability tomakemoney and profit over her unprecedented role and fame over the next four year term. uses that language. what the trump family is trying

to do with the white house is pull off the greatest heist in the history of american politics. strip mine america for personal gain and give the remnants of what is left to the crony cabinet. it's kleptocracy. when the elites in power try to use power for personal gain at cost of the people. >> bob? >> i think donald trump is defending his children. loves his children. at the same time you have to wonder was there pressure on nordstrom? he just got into office and this happened. at the same time republicans on capitol hill they talked to don't like these tweets. want to talk about tax reform, health care reform and transportation and not nordstrom. feel it's serious distraction from their agenda. shouldn't they have thought about this -- i have to take break. thought about this before they

ran for president? this may affect your brand or business, may have to do this, divest this. i would never run for president -- >> you wouldn't win don. >> you said that about donald trump. so. >> valid point. >> but i think, think about the things before you run for president, don't decide later you want to fight against it. my two cents. >> want to profit off it. >> be right back. (burke) at farmers, we've seen almost everything,

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back now with my panel. by the way. bakari sellers, lot of people telling me you're wrong. i would win if i ran for president. vote for me over you any day. take that. and you stole my haircut by the way. >> i make it look good don. >> oh! >> i had it first. i wore it best. let's move on. i want to talk about this, united talent agency cancelling oscar party and donating money

to the american civil liberties union, who worked to oppose the immigration ban and hosting pro-immigration rally before the oscars. >> that's fine. shows they completely misunderstand president trump who said repeatedly he's pro-immigration. said he's against terrorists infiltrating the immigration program as intelligence community tells him he is. if watching leftist commentators would think he is antiimmigration. >> saying they believe in diversity and number of people nominated for oscars were immigrants and feel artistry is on the line. >> yeah. and not just muslim ban and fact our country thoroughly vets

people coming in and people with visas turned away but donald trump talked about rounding up and deporting people lured here by our big businesses like his nominee for secretary of labor hires. donald trump wants to penalize those people. >> i'm glad you mentioned business. sports world. under armour, the ceo told cnbc that president trump was asset to the country. steph curry who was sponsored said i agree with the description if you remove the e and t. he went on to say he spent whole day on the phone with company and ceo to make sure the brand and leadership are in line with his core values.

what impact do you think it will have in is. >> i think positive. there's a movement going around on the right which is troublesome especially when it comes to athletes. they want them to be seen and not heard. actors to be seen and not heard. i think that's tragic. throughout history what we've seen, looking at mohammed ali, kareem abdul-jabbar and others, always spoke out. steph curry is christian man, great father and husband and son. his record and character impeccable and unimpeachable. he has every right to use his platform however he sees fit. can criticize his opinion but has the right to give it. not only standing up against donald trump but people who are signing his paycheck means word goes further. i wish him success except

against lebron james. >> i hate to cut you off. want bob in here. lebron james among many spoken out. athletes and branding, does that matter? affect anything bob? >> to some degree thez a big megaphone and following but three weeks in, some democrats saying give this new president a chance. now the beauty of the first amendment, you can criticize anybody you want. i think it moves the dial somewhat but don remember before the election, all the celebrities came out against trump and trump won. >> and i would urge the left, if allow athletes to use platform to promote leftist things accord the same respect to people like tom brady who rumors say

supported trump and lam basted and -- at golf course. when athletes and celebrities cam out and profess -- >> that's fine. >> that's not the same. >> what is good for the goose is good for the gander. i think what happens is when we start treating people -- different spoons here. tom brady decided not to show up at barack obama white house. fine. but new england patriots this year, james white considered doing it, others decide not to show up, treat them with the dignity and respect you treated tom brady. >> asking for safe space for people on the right? >> asking you not to engage in hypocrisy. >> allow a right-wing television star, i think okay. coming up, why didn't vote

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>> when i say white people, i'm talking about the people who run everything. i'm not talking about white people. i'm talking about whites in power. you ain't got no power, you are going together. somebody get this! >> joining me now is nick cannon. you get a lot raunchier than that. >> i appreciate you. >> i love watching stand up. it takes a long ride. standing up on that. we will talk about the special stand up, don't shoot. in my stand up special, a lot of folks are commentary and the comedians's duty to hold society's mirror up to show them

the truth. did you think he would be president? >> you know me, i was one of the guys that i was not rooting for either one. i felt like i ran by a secret society anyway. >> you didn't vote for hillary clinton either? >> i didn't. i didn't vote for either. i exercised my right to vote, but i was an advocate. local voting and being about community is way more important than the personality that's in the white house now. i definitely don't agree with the personality in the white house. i would love for my daughter to see a woman in the white house. >> you said you didn't vote for her. >> a lot of things she stand for that i don't agree with. >> who would you rather have? >> it doesn't matter. there is no such thing as two parties. just one evil party with two names. it's real. >> do you think in this climate,

it's fertile ground for comedians. >> we're get to talk about it all. that's the silver lining in the clouds. again, we say hey, it's a lot of indifference going on. let's try to make light of it and that brings it here. >> do you think -- you don't see that difference with the new administration. >> call it what it is. talk about this on my special. trump is a bully. that's his whole life. the apprentice was about that and he's a bully on reality and on twitter. i'm going to beat you up after school at 3:00 and tell everybody. let's meet there. i felt like all of these things would be going on except for he is tweeting about it and boasting about it and saying i'm going to do what i want. >> you also talked about in your special where you talk about white people. >> take that. >> what do you mean by that?

>> it's true. when obama was the president, we were celebrating. soul train live. white people were quiet. they are doing their dance and fist pumping and stuff. there is seriousness to the idea where there is a certain white nationalist idea that comes out that was hidden for a while. it had been revealed in such a way. it's a great time in this country and it's very reminiscent of the civil rights movement. people are so passionate and so on edge on both sides that you got to deal with it. it has to come to a head. all in the protests and the movies. >> black lives matter. an issue that is close to you. >> so important. >> these are just everyday people out on the street who is got together with this issue. do you think that -- i want to ask about celebrities. >> i feel like we have to have movements and not moments.

i whole heartedly supported the black lives matter movement. >> is this a sign behind you? >> absolutely. i was there. i could actually make it and see i have been getting it open and it shows me in the trenches from new york to st. louis to d.c. i was all over the place. ultimately it's about reconditioning the mind sets of our community. i say this in a special and the media wanted to turn it and make it seem like it was only black lives matter. when we say save the whales, it's not like forget all the other fish in the ocean. the whales need saving. >> even the civil rights movement was probably messy in the beginning and people didn't -- >> they considered martin luther king a terrorist threat. >> let's talk about the

celebrities. it's important for them to use the platform or for you to use your platform? >> i come from a school of my mentors like dick gregory who is in the special as well. harry belafonte. >> i don't know what he is going to say. >> he's going to go somewhere. even mr. belafonte who said he is passing me the baton. you can take the money that we earned as well as the influence that we had and shine that light on things that really matter specifically in the community. he wanted to meet with steve

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>> jim acosta joins me with the latest. judge gorsuch