tv CNN Newsroom With Fredricka Whitfield CNN January 28, 2017 10:00am-11:01am PST
this is america. when you arrive here, there is a constitution, there is law. no one can act as he likes. so just be patient and we will be with you. and when i get out, i was surprised, all of those people waiting for me, they spoupport . they don't know me, they never meet me and they come support me. >> were you traveling with your family? >> no, no, we're on the same flight. i have the tickets, my wife, we are with each other, we leave from istanbul, we are together. but here and there, totally separate. >> your family was held as well but in another room? >> yeah. >> his family was released and has left safely but he was detained throughout the night and throughout today and that just goes to demonstrate the arbitrariness of this guidance.
there is no policy. we speak with cdp and they said they are waiting on washington for guidance. they said it is a weekend and it is slow right now and that does not seem right when all of these people are being detained. >> we came here to support a number of people who are being in our opinion unlawfully detained. we are very gratified that mr. darwish has been released. but there are still 11 other people, one of who is represented by legal counsel, as was mr. darwish. they are also being unlawfully detained under very unclear authority. >> did they tell you why he was released and the other man was not? >> no. >> did they tell you why they decided to release him? >> no. >> he's tired. he's not going to take anymore questions. >> what are you going to do now?
[ cheers and applause ] you're seeing the man raise his fist right now. he was traveling with his family. we understand he's been employed by the u.s. government by working as a translator overseas, making his way back to the united states with his family, he's gone through that extensive vetting process of receiving refugee asylum, it's a process that is an extremely vigorous vetting program. his family was able to enter but he was detained for 17 hours. mark doss, who called this executive order unfair and in his words targeting people unfairly. as a result now through a number of efforts, hamid darwish is talking to new york
representati representative nydia velasquez who described the order by trump as mean spirited and ill conceived. hamid darwish is released, now 17 hours after being detained at j.f.k. let's listen in on the crush of discussion going on. >> we did hear hamid darwish. he was still very gracious. he said while he respects that this is the land of rights, he is very thankful and happy now to be on u.s. soil. when talking about the people of the u.s., he said they are the greatest people in the world. so i've got with me a number of
people to discuss you'll that's transpired here since this executive order was signed yesterday. with me little sweet, the washington bureau chief, also here in studio criminal defense attorney and constitutional attorney page pate and bob baer is back with us as well. a lot has transpired, mainly about hamid darwish and now his release. how do you expect this might symbolize a real problem with how this executive order is going to be carried out. the heard that the attorney say it was already being exercised in an arbitrary fashion, given that his family was able to get
through but hamid was held up for 17 hours. >> one of the lessons of this episode is what happens when you issue executive orders and haven't given guidance to the relative agencies to know how to prioritize and carry out these orders at various points of entry within the united states. i think another thing to watch for is whether or not this is extended to people who hold green cards. right now the thought would be if you hold a green card, would you venture out of the united states without having written down how this executive order will be carried out in a uniform way.
i think we're seeing a day of uncertainty because of the way it was rolled out. before we even get to the significance of the policy, you see the confusion. >> our reporter had a count of upwards of 12 people being detained. this executive order being put in place, exercised, honored, utilized which ever way you want to classify it, is this also a case that exemplifies, it is confusing right now, it will continue to be or should this exemplify that it should not be honored as yet until everyone gets the message or who carries it out and in what form? >> that's a big problem. you have customs agents at the border or airport setting policy and that doesn't make sense.
you need follow-through by the administration saying i'm going to have this executive order, this is what we're going to do and this is how we're going to follow it up. i can't believe they didn't think it have ahead of time that there were going to people on the plane -- >> because white house counsel crafted this order. there's a lot of legalese in it. why wouldn't all those considerations be made before announcing it, before putting it into play? >> i have no idea. the policy is clear. i understand the policy as it's set forth in the executive order, what he's going to ban, what he's going to allow. but the implementation of that policy also has to be thought out. a good executive order doesn't just set policy, doesn't just set priorities but it tells the agencies how to carry those out. >> you and i were talking before the live shot of hamid, the
point you were making was the message being sent to allies, certainly leans on the cooperation and this can be misconstrued if not improperly applied to damage those kinds of relations? >> exactly, fred. look at the iraqi translators. they're working with our troops, they're dying. >> and u.s. troops still in iraq needing to rely upon translators who are iraqi nationals. >> our troops don't speak arabics. and you have the kurds doing most of the fighting and they have pulled iraqi passports. there are international flights that go into kurdistan and these people depend upon us for supplies and we're basically saying you're not allowed in our country. this is going to be completely, totally demoralizing for them and we need them to destroy the
islamic state. what happens with this? there's been no explanation, no coordination with the state department. who knows what's going on in the national security council. this is ill advised. it cannot be carried out and continue as it is. >> rachel, you reported there were 12 being detained there at j.f.k. hamid is the first to be released now. what more can you tell us about how people are being detained, what is the status right now? >> reporter: there's a small number of people who have started a protest here at j.f.k. darwish spoke about how he had been here detained since 6 p.m. last night. he was traveling with his wife and three children. they were not detained. he was the on one of the family that was detained.
but now he has been released. he actually said that he liked donald trump but this is a policy, he doesn't quite understand it but he respected the policy and he was obviously exhausted and very excited to be reunited with his family and get some sleep. >> go ahead, sorry, rachel. >> we don't know anything else about the remaining 11. one of the detainees is involved in this lawsuit. the remaining ten, we don't know their nationalities, what their visa status is of the ten people. >> if you could describe darwish's description of what happened when he handed over his
passport. i found it difficult to hear. perhaps you could explain the process. >> he said his documentation was taken away from him, he was put in a room, sat in a chair, that he was put in another room, he hadn't slept, people kept coming and talking to him. it was a bit hard to hear the details. he had been in a room, he hadn't slept and that the people were questioning him for many, many hours. >> in all about 17 hours before his release, as far as we understood based on him being detained as of 6:00 last night. nic robertson also with us. this gentleman has been a translator working with the u.s. abroad there in iraq. bob underscored the importance of that kind of relationship, particularly as we continue to have u.s. military in iraq. iraq is one of the seven
nations. yemen, sudan, somalia, iraq, libya and sudan are part of this order. your concern for any of those people working for the u.s. in any of those nations? >> britain as well have not been as lenient for putting their life on the line. and in syria where there are u.s. special forces on the ground in syria, there will be people there, whether they're in their local tribal militias, they also will be considering their lives on the line. they'll do it for fl own national interests, their own tribal interests, their own family interests been p but also they know they're partnering with the force they believe supports them.
if the ground shifts and isis takes over and comes after and threatens their families as we've seen isis do time and time again, for instance, rounding up large numbers of police and their family inside mosul as a reaction to the way their partnership with u.s. and iraqi forces, if that comes into play, they want to be able to turn to the united states to look for help and salvation. so somebody making that consideration potentially now is going to think twice. it would be expectant that isis will play on propaganda saying the united states is anti-muslim. that sort of propaganda is going to fuel that campaign and fuel their fight. there are many ways in which this is counterproductive, counterintuitive. >> i would tro throw one other
thing in, saying president trump was on the phone with prutin, as the -- if you're partnering with russia, you're partnering with iran and as. and the fact of the changing landscape -- you're influenced from a position -- the iran piece is a big al lie of russia and patrick right now. >> patrick go ahead. >> just to jump on what nick said, we're talking about a lot of process that donald trump as president is not following standard operating procedure and
thinking about the consequences of an executive order and how that will filter taught customs agents and people on airplanes. we have got to remember, that is not what he ran on. he ran on saying -- making big statements and sending a big that he was radically changing policy about, about who america was getting into. >> and that is his focus now. i think the interis to remember. >> let's hold back on the executive order until we figure out how it going to be implemented. that is not how he thinks. he's not focused on that. he's to a large, and poos pacts
are watching on television, seeing what's happening at airports. and his supporters, that's the message that he wants to send. not that nrn. >> and it seems like message received because this is the most consequential executive order, according to a lot of people who we talked to today. among the 14, executive orders, this is the one that rattleton, maryland. lee ds $ at the risk of further
isolatings by frrp. >> well, if i may respectfully disagree with a little is that some people were caught in detention for a few hours because i didn't do all the rule making and go through the procedures. i don't think he will think that that is the minus that we may think for people who cover government as it unfolds in a usually more orderly, consistent way. so i'm reserving judgment for the moment, fred, if there is any political damage to the short or long-term. i think we will see the upshot of the series of executive actions that are being rushed when it comes to presenting the budget to congress that's in a few weeks. that's when i think the real fault lynx, if they are there
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so now some americans will face retribution as a result of president trump's executive order. iran is one of seven countries whose nationals trump has banned from the u.s. for at least 90 days. refugees from syria will be banned indefinitely and the entire refugee program is banned for four months. ben wede, yemen, sudan, iraq, libya, they are going to turn the tables and do the same thing. what more are you learning? >> the iraqi foreign ministry described the executive order from president trump as, quote, a gift to extremists.
it's described as an obvious insult to the islamist world and in particular to the great nation of iran. obviously relations with iran haven't been very good, certainly since the nuclear agreement was reached between iran, the united states and other powers, there's been a slight thaw but that thaw is clearly coming to a dramatic end. we already know that president trump is not very well disposed to that agreement and has threatened to scrap it. this really is just another perhaps nail in the coffin of what not long ago looked like a relationship that was beginning to come alive again. >> all right, ben wedeman in istanbul. >> coming up, outrage over
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was targeted by terrorists. now susan is worried about other family members who do want to come to this country. we are keeping her identity quiet for the sake of her own safety and her family's safety. susan, you've heard about this executive order. what are your biggest concerns about it? >> i heard about it yesterday and we were so nervous about it. my family doesn't feel comfortable about all the consequences they are going to place. so i wish they will reconsider the situation of the people who have sacrificed their lives for the government and u.s. sovereignty. >> you saw what happened in new york at j.f.k. we understand there are 12 people who have been detained. one, an iraqi national, has now been released.
he served as a translator for the u.s. while abroad and sought asylum, had the visa after that very severe vetting process and was still detained. what's your concern about those who are still abroad at any number of the seven nations that are on the list where people are banned o who have had dealings, worked with the u.s. government in some capacity? what are your concerns about their safety abroad? >> actually, as regards my family, me myself i worked for the u.s. government for four years during the iraq war and we assisted the u.s. forces. i went back to work with the u.s. army as a d.o.d. contractor and my sister used to work for one of the biggest u.s.
companies and we still have our only brother overseas is still there. he is in jordan waiting for his wife. she is in asylum status now. she has not been granted yet and she's been interviewed for like three years. we didn't see her and now we don't know what the situation will be. the kids are crying about their father and if is unfair what is happening. >> susan, did you and family members work with the u.s. abroad expecting in return you would have certain protections and eventual relocation to the u.s. and that certain kind of protection as a result of working with the u.s.?
>> actually, when i was worked with the u.s. authority, there was no promise for us that we would be taken to the united states. so we sacrificed ourselves without any return at that time just because we believed in the ideology of the americans and american government. and we wanted the freedom and the liberty that we've seen in the people who came to iraq. so there wasn't a deal between us to serve for the u.s. government. but as a u.s. citizen now, i don't feel safe in my country here in america because any time i would be stopped due to the executive order, i would be stopped in the road and would be asked about my papers.
so this is difficult you don't feel safe in your country, that you sacrificed your health, your family for. >> susan, thank you so much for expressing yourself and sharing your concerns for you and for your loved ones. thank you so much. appreciate your time. >> meantime, democratic congressman gerald nabler of new york tells us 12 people have been detained at jfk and we understand hamid darwish has been released and we saw him and you in the mix as well, representative. what are your feelings about this process, all that has transpired? we saw your colleague, nydia velasquez. give us your point of view on this executive order and what has transpired here at jfk.
>> it is certainly mean-spirited and ill conceived. it's certainly an instance of religious discrimination. all of these refugees have been vetted by the united states and pose no threat to the united states. it's ironic that those who have been detained here now and plus m darwish who has been release, they got on the planes on holocaust memoriam day, when we remember the shame of this country, who refused to admit those from nazi germany and we should not be doing the same thing. the people who were here, mr. darwish worked with the u.s. military, with the u.s. army giving them assistance for many years. he's a marked man in iraq. he had to be a refugee here.
another person is being held, also his wife worked with american forces. the least we can do is admit people whose lives are in danger back in iraq because they helped our forces, they helped our troops. and this whole idea that any muslim is the threat to the united states is absurd and is religious discrimination and it's disgusting. but there's a second level. if you issue an order people who already had valid visas and were in the air when the order was issued, they should be admitted to this country and shouldn't be held like a catch 22, which is what is happening. >> what do you believe the intention of this order was? because if you read the policy and i'm just going to quote now a portion i pulled from the policy, it says it is the policy of the united states to protect citizens from foreign nationals who intend to commit terrorist attacks in the united states and to prevent the admission of
foreign nationals who intend to exploit the united states immigration laws for malevolent purposes. that's the purpose -- >> that's certainly -- >> that's the outline. how do you believe it's being executed? >> that's certainly a valid policy, we should not people who want to do harm to this country. howeve all of these refugees, all of the refugees in syria and iraq who would be admitted have been vetted by the american government for up to two years looking into their bona fides and their records and their dr what they have done and what they have said and they are all guaranteed, in effect, not to be a threat to the united states. not one single refugee has been admitted to this country from the middle east has turned out to pose a threat to the united states. the various people who have in fact committed terrorist acts in
this country from 9/11 on, none of them came from any of the seven countries that are the subject of the president's executive order. if you really want to protect this country, why are saudi arabia, egypt and turkey left out of the order? most of the 9/11 conspirators came from saudi arabia. >> it's been said this is a direct response to what president trump believes is a failing exited in 9/11. when state department prevented officers from properly scrutinizing applications of 17 of the foreign national who is went on to murder more than 3,000 americans. how do you -- >> whatever the policy was in screening foreign nationals at the beginning of the bush administration, that has not been the policy of the united states government for a long time. all of these refugees, all the
refugees who were being admitted from these countries have been subject to vetting that takes about two years, looking into them on an individual basis very carefully. that wasn't apparently done at the beginning of the bush administration with saudi arabia. so the rhetoric that we want to protect is country is certainly true, but the it's not to deny entry to people who have helped the country and who have been vetted by our people not to be threats. as i said, not one person who was admitted from syria or iraq has in fact done any terrorist or any act in this country. >> quickly, what as a members of congress will you or can you do in response to this executive order? >> well, we can try to change the law with respect to the executive order given the
republican control, i don't know that that's likely. but we can point out how senseless it is and hopefully it won't be extended beyond the three or four months. and we will oppose it. >> new york representative jerrold nadler, thank you. >> joining us, richard herman, a new york professional and law professor. avery, we've been talking to people who have taken issue with the constitutionality of this executive order and at the same time the due process involved in this. how do you see the white house's justification of this executive order being able to hold water up against now at least three legal challenges that have been
filed? >> well, the white house is going to justify substantively why this order is necessary. it's easy to say it, fredricka, but now that the jurisdiction, the federal district court in broo brooklynn has been triggered -- darwish, who had been providing service for ten years to the 101st airborne division, was vetted in the extreme. yet when he asks border patrol or customs officer, with whom do i speak? they tell him president trump. so i think in fact the trump administration is going to have to show specifically why it is justified. and i have to tell you, fredricka, that's going to be a significant burden. >> so, richard, one would think that counsel represented by a
number of people during the transition or perhaps even after the swearing in of the president that they would have gone over this to make sure that it is lock solid before actually exercising it. what's your view as to what happened here or whether it's just being -- whether it's not being interpreted properly or carried out properly? what's happening? >> well, here's the issue with these executive orders. even paul ryan said it's the act of a lawless president usurping the role of congress when they do these executive orders. but he of course was referring to president obama, a not president trump. he told everyone when i'm president, i'm going to do this, i'm going to build a wall, i'm going to ban muslims and guess
what, he signed executive orders. the american people had an opportunity to vote against this man if they did not want these policies in effect. didn't happen. he won the electoral college, we don't know the extent of wikileaks or the russian involvement, he won. fdr in 12 years issued over 1,300 executive orders, the power is vested in the constitution and enacted and promulgated through congress giving the president the power to do this. the review is limited, fred. it's limited to the supreme court, the president can review it and congress can review it. >> so executive order may be the last word but then won't congress be able to say as it pertains to the governing of visas, members of congress would
be able to challenge this executive order. would they or would they not, avery? >> i think they absolutely could but i think the problem here, we're in agreement, the president has very broad power with executive orders but they have to be constitutional. this case is pending in a federal district court. and that federal judge, if you government can't show why you stopped people like hamid darwish and you can justify it, which i think will be a tough burden, it's going to be held institutional and he'll have to tweak it and do something else. just because an executive order is promulgated by the president doesn't make it unconstitutional. >> so, richard, what makes it constitutional or unconstitutional in your view? >> good, good. >> the issues with respect to
sanctuary cities, that presents constitutional issues which will be in litigation in years to come because you cannot usurp the power of the states, judge scalia issued a decision on that. he has the power to issues these, fred. he's doing it. the fact that you have a republican senate and house of representatives, they're not going to go against him. they're not going to modify anything he does. so you have a court that's going to do it. you know what percentage of courts are successful in moodifying executive orders and memorandums? probably zero. >> it doesn't matter. >> no, that's not right. >> this is going to be the law for the next 120 days. this is it. >> we're talking possibly three months. >> it will be like watching a kentucky basketball game. it's going to be back and forth, back and forth. >> we'll check back with you all. thank you so much. appreciate it, avery and richard. we'll be right back.
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welcome back. we're learning that green card holders are being impacted by president trump's new travel ban. ryan is following the story for us from the white house. what are you learning? >> reporter: this is a pretty significant development. we have two different sources from within the administration confirming this information to cnn. they're saying the department of homeland security' policy as it
relates to this new executive order issued by the trump administration is if you have a valid green card but if you're from one of these seven countries that the administration has deemed as prone to terrorism, you will not be allowed back into the united states. green card holders from the seven countries included in the travel ban and that is iran, iraq, libya, somalia, syria, sudan and yemen, if you are holding a green card but are from one of those countries, you will not be allowed back in the united states. a source is also telling our justice correspondent pam brown that if you are from one of these countries and you happen to be in the united states right now holding a green card, they recommend you do not leave the country because if you leave and want to come back in, you will be denied. the department of homeland security is trying to figure out how to enact the executive order. if you have a green card and you come from one of those seven
president donald trump. he spoke with russian president vladimir putin. despite the previous remark he would be open to listing russian sanctions imposed, the current plan is not to lift sanctions. this morning, trump spoke with german chancellor angela merkel. a total of five scheduled phone calls today with foreign leaders at the top of the hour, trump will be signing two executive orders we understand but details of what they may cover have not yet been released. cnn senior international correspondent matthew chance in moscow. what are you hearing about this conversation between vladimir putin and donald trump? >> we're waiting to hear exactly what was discussed. we haven't had any readout yet from the kremlin or the white house either. there's been so much anticipation ahead of this call about whether it would be a
pivotal moment with this up until now rocky relationship with the united states and russia. the issue of sanctions discussed, the conflict in syria, the situation in ukraine, nato. all of these issues are issues that have stood between these two countries closing a forger relationship, of course, the past couple of years in particular and the issues of sanctions has particularly been something that's been falling aside of the relations. the kremlin for its part has been all along playing down any expectations that this was going to be an important phone call. they're saying it was just an opportunity for the two leaders to get to know each other, for president putin to congratulate donald trump on becoming the u.s. president, but there's been all sorts of speculations in other courses. saying this conversation, putin/trump, would be the beginning of the fight against islamic state, the solution to the crisis in syria, and in
ukraine. so all sorts of expectations of what this conversation could involve, but the truth is we don't really know and again, in the next few minutes, hopefully, we're hoping to get a call from the kremlin and get access to some kind of press statement from them talking about what exactly was raised by donald tru trump. doesn't look like you can hear me, matthew. sorry, i'll ask next time. thank you so much. matthew chance for what you delivered. we'll be right back. through anc through dna i found out that i was only 16% italian. he was 34% eastern european. so i went onto ancestry, soon learned that one of our ancestors we thought was italian
stream some stuff! somewhere! sometimes! you totally nailed that buddy. simple. don't let directv now limit your entertainment. only xfinity gives you more to stream to any screen. thank you for being with me. i'm frederica whitfield in atlanta. began detaining some foreign travelers after president donald trump signed his executive order on immigration. last hour, one of 12 travelers was released after being detained for more than 14hours. >> me and my family because i work with the u.s. government. i support the u.s. government but when i came here, they say
nope. i break the rules or do something wrong. >> all right. he was released and working as a translator and had worked with the u.s. military while in iraq. there is one other that we understand who is an iraqi national also being detained but still unclear exactly what's taking place in terms of how much longer he might be detained. our reporting from rachel crane is that in all, about 12 people including hamid that had been detained there at the airport and we also heard hamid earlier when describing you said it was customs officials who held on passport and what will happen next, who do i need to talk to and one of the officials cald