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tv   New Day  CNN  January 30, 2017 3:00am-4:01am PST

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of a pig left at the steps of the mosque. they not think that was of concern. the community is shocked. as investigators trying to piece this together, they are going through the city conducts raids and searches. they >> all right. thank you very much. bring us all the developments as soon as you get those. to president trump's 7 nation travel ban that triggered nationwide protest and global condemnation not to mention lawsuits and airport chaos. pushing back defending the action and top republicans distance themselves from this executive orders. what is the latest on this. >> very busy good morning allison. the department of homeland security said last night that no one in the initial group of people effected by the ban remains detained.
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everyone has either been released into the u.s. or put on planes back home but the fire storm shows no signs of letting up. defending his immigration executive order. insisting this is not about religion. this is about terror and keeping our country safe. his administration pushing back at massive protests and claims of disorganization. >> apologize for nothing here. >> this is an extreme vetting program that wasn't properly vetted. >> they're extremely proud of the order that bans travel to the united states from 7 majority muslim nations for three months and suspends all refugee admissions for four. syrian refugees barred indefinitely. the white house claiming the ban resulted in extremely minimal disruption. erupting at airports around the
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world. the department of homeland security issuing one clarification late sunday night. green card holders from these 7 countries won't be denied entry into the u.s. and will face a secondary screaming. the white house blaming mixed messages on the hyperventilating media. insisting the order is successful. only 109 travellers being detained out of the 325,000 that entered the u.s. in the same period and noting 392 green card holders were granted waivers to enter the country. all as 16 democratics attorney general called the ban unconstitutional, un-american and unawful. >> this executive order was mean spirited and un-american. >> with a growing number of lawmakers from both sides of the aisle criticizing mr. trump's ban. >> i think the effect will
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probably in some areas give isis some more propaganda. >> in a joint statement arizona senator john mccain and south carolina senator lindsey graham calling it a self-inflicted wound in the fight against terrorism. trump tweeting they are sadly weak on immigration. two senators should focus on isis and immigration and border security. and looking to start world war iii. already temporarily blocking parts of the ban to take effect. >> world leaders are responding with concern. angela merkel saying she told the president that the ban on refugees was against the geneva convention. the white house was discussing asking foreign visitors for their social media and web surfing information and for their cell phone contacts.
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those that decline could be denied entry an official citing the social media post of one of the san bernardino shooters even though they were written under privacy settings. in justifying the ban the administration has repeatedly cited a tax that the ban would not have prevented. all 23 people involved in those attacks for either from countries that aren't on the ban list or were u.s. citizens. >> and there in lies a lot of the confusion. thank you very much. we have a lot to dois cuss with our panel. we want to bring in senior congressional correspondent for the washington examiner and cnn political commentator and anchor. thank you very much for being here. let's put it up would be more time on the screen for people exactly what is included in this executive order. it suspends admission into the u.s. for two months for the 7 majority muslim countries.
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four months the american refugee policy and syrian refugees indefinitely and 50,000 in this year. gives entrance priority to religious minorities such as christians. green card holders will face secondary screening. this is a very aggressive solution to a problem critics say doesn't exist. >> that's correct. that is part of where a lot of the protests were coming from. that -- not as if it were clear and present danger, none of this would have stopped the administration as the reason for this new policy. we'll see this play out not just in the streets but in the courts. >> the idea of calling it a ban, the administration says that's not fair. let me play you a piece of sound that talks about preferencing
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christians. >> because it relates to persecuted christians do you see them as a priority here. >> yes. >> you do? >> yes, they have been horribly treated. if you were a christian in syria it was impossible, at least very, very tough to get into the united states. if you were a muslim you could come in and i thought it was very, very unfair. so we are going to help them. >> david as you know there's no question that christians are having a hard time in syria and elsewhere but if it's not targeted at muslims how do you explain giving christians a preference? >> part of the problem gets back to the campaign in november of 2015 when the president proposed a muslim ban from all countries specifically targeting muslims whether or not we had any knowledge they were involved in islamic radicalism or not and that's why people jump to conclusions when the executive order came out. another reason they jump to conclusion is the interview clip
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you just played and the fact that the administration did very good explanation when it came to what this executive order was about and as it turned out we have green card holders that were subject to the executive order until the administration revised itself and pulled back on them. a lot of the up roar coming in on the heels of what the president is trying to do to solve what many americans do want to solve. which is this fear that terrorists will use their refugee program to infiltrate the united states and there's not proper screening in certain parts of the world is that they did not do a good enough job of narcoticing this and even though saudi arabia wasn't on the list where the attackers came from. and going through that with the american people and we saw it late yesterday and sounded much more in line with the american president's past both republican and democrat. >> let me ad that the president
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wasn't right. when he talked about christians not being allowed into the country is not right. the same number of christians as muslims got in in the past year and that was a fact that was put to kellyanne conway or another network yesterday during an interview so all of this goes to what is good politics for the trump administration which is getting up there and acting fast, acting hastily but to crack down on sources in terror without really having good policy about whether this does that. what it is is harken back to a dark period of american history during world war ii when jews trying to flee nazi germany were not allowed into the country for fear that they were a threat and they were spies. i don't think that's a part of our history that america wants to return to. the syrian refugees so many of them are coming out and fleeing violence and want to come to america for the reasons everyone wants to come to america and the
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notion that turned away and the trump administration think that makes america safer because they'll be in a war zone and expose to other influences. i think that's going to reduce the speck to of terrorism. that's where i think a lot of the opposition is coming from. the manner in which it was done. the lack of coordination having to on the fly make sure that your exempting green card holders and legal residents including those that protected our troops in iraq like sbr interpreters for our soldiers. so it lead to chaos. >> the trump administration chain that were out this weekend said this is what president obama did. and we didn't come up with this list of terror prone countries. and it's different than what the obama administration did.
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and the visa processing back in 2011 couldn't have been more different. so that was a case where they had proof that their vetting process maybe wasn't as good as they could have been in a particular case. so they went back and revetted tense of thousands of people that had been admitted to the united states. when the trump administration wants to act as if this is normal and a continuation and extension of the prior administration. that's when they are on the shakiest ground. this is entirely new and stems back to the statement that he made when he said he wanted a complete and total ban on muslims entering the united states and they clearly seem to be reverse engineering some kind of a rational for it and the problem is that the facts don't support it and never did the obama administration tell people that green card holders you have to go back. we will not even process visa
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applications and of course the refugee is this is u.s. law. and you don't discriminate against people and you don just send back refugees. all of it is going to end up in court. all of sit going to get litigated. >> just one thing that's important to note is that one thing that is the same is the 7 countries. this current ban does derive the countries from the obama executive actions so that they felt gave them a little bit of political cover on it. go ahead but make sure that you reiterate the idea that this is about phobias and not facts in terms of threats that the united states population faces. >> that's what is important. i'll go back to this being good politics and certainly a president making good on a campaign promise but you have to
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look at what's behind that. there's lots of things that are good politics. america has been targeted in some of the recent examples. san bernardino by american citizens, we are a free society and we have individuals that have become radicalized. there are existing protocols for profiling. if there's certain triggers that anyone presents at our border, whatever the border that is that would lead to further screening that is totally appropriate and a lot of vetting going on here legally. >> i think two questions have to be answered here and one is a policy constitutional and the other is is it effective and there's questions about whether or not the way in which the administration went about this is going to damage our relationship with muslims and the islamic community that we need to give us the first read on intelligence to stop attacks. >> we'll be speaking about all of these angles throughout the
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program and we'll be talking to our panel. >> so the democrats are stomping their feet but what can they do about it? can they undo the travel ban? legal challenges are mounting. we have a congressman that spent part of the weekend at jfk airport. there was a big protest fighting for the release of detainees. that's next.
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>> he had some muslims standing behind him when he did it. he said this ban makes americans less safe. >> this executive order was mean spirited and un-american. it was implemented in a way that created chaos and confusion across the country and only serve to inspire those around the globe that will do us harm.
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>> democrats are vowing to fight the president's action. what can they do. let's bring in a member of the judiciary committee. and there is a big protest on the spot. and notice you had a long weekend. the administration says this is much to do about nothing. this is a man fesation of us versus them. and the united states against the terrorists and the people of america against the left. here's what the aid to the president said about this. >> they came into the united states yesterday and 109 people were detained for further questioning. most of those people were moved out. we have a couple of dozen more that remain and i would suspect as long as they're not awful people that they will move through before another half a day today and perhaps some of
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these people should be detained further and if they're folks that shouldn't be in this country they're going to be detain sod apologize for nothing here. >> he descended of greek immigrants himself, apologized for nothing. your response. >> there's a lot to apologize for. we helped get the release of a fellow that came to this country and he worked for american troops for ten years and was targeted in several assassination attempts and almost was sent back to likely face more assassination attempts. there's other people like that. this policy is unconstitutional. it's illegal and the law says you clearly discriminate against people in immigration based on their national -- >> even temporarily.
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does it matter that it's temporary. >> not the basis of national origin. >> so it's irrelevant. >> the idea that there's only 100 people. >> there's 100 people and people in the air when the policy is signed. they were put on planes so that was just a transition for that day but the point is its also really stupid because all this policy will do and it's directed against 7 countries. there hasn't been a single fatality in the united states from terrorism from any person that came from those 7 countries. so what are you attacking? and all you're doing as former cia head said all you're doing is sending a message to muslims and this will simply increase
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terrorist recruitment. >> it only takes once and the immigration vetting is sloppy and porus and this is us getting stronger and tighter. >> the immigration vetting is the tightest vetting we have. it takes an average of two years for a refugee to be vetted. if you're worried about potential terrorism, by the way, the terrorist incidences we have here are home grown american terrorists. people born here and radicalized but if you're looking at people coming into the country look at the 20 million tourists that come in every year. some of them from european countries that have a terrorism problem. >> this is false out rage by the democrats because you did the same thing with president obama. here's the statement from president trump. my policy is similar to what president obama did in 2011 when he banned visas from refugees for iraq for six months. the 7 countries named in the
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order were previously identified by the obama administration as sources of terror. push back? >> the washington statement gave that statement. as untrue today. what happened in 2011 is there was an attack by an iraqi on americans and they determined that the vetting was not sufficient. they did not ban iraqi refugees. they did not stop immigration from iraq. they put additional vetting into place that slowed down the process for about six months as they put the additional vetting into place. but they never banned it and never stopped it. >> what do you say to the american people that feel something very deeply which is there are extreme islamists out there that want to kill me and i want them stopped at all costs. and it's intelligent and you have to direct it at the real
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threat. the real threat here is home grown american terrorists and not people from these 7 countries and you have to get the confidence of muslim communities in the united states and in europe and elsewhere and get intelligence from them to identify the threats. and this policy will shut that off to a large extent. it's extremely counter productive as former cia director said yesterday. >> they keep saying san bernardino, that woman had all the crazy messages on facebook. you couldn't even pick it up. >> she wasn't an immigrant from iraq or from any of these countries. she was here. >> but she had come in through a system that didn't pick up for obvious evil intentions. >> whether it was obvious when she came in i don't know. if you say you should have better vetting. >> there were messages written under pseudonyms and that gets to privacy laws and what you can do with social media.
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much more than anybody else. what more could you do about it? you don't have the votes. how can you stop this policy? >> i think it's clearly illegal and unconstitutional. the court in new york that stopped people to go back said before the temporary restraining order because the plaintiffs have likely success after a hearing. i think the question is its clearly illegal and unconstitutional. there's not just democrats that are objecting. they'll be able to do something legislative. >> congressman, thank you very much. appreciate it. >> chris, next we're going to get a reality check on the president's travel ban and what exactly does it do. who does it effect? what? who's replacing me? splenda naturals? well... she's made with stevia. come on!
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>> president trump's executive order on rev you jees and foreign travellers sparked a lot of emotional reaction but let's take a step back and break down the facts. not just deal with phobias.
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the order extends for 128 days. it caps admissions at 50,000 a year. and it also cuts the obama administration ceiling of 110,000 a year in half. president trump's executive order also bar citizens from 7 muslim majority countries from entering the united states. in 2015 about 84,000 people from these countries enter the u.s. mostly on tourists business and student visas. the majority traveling from iran and iraq. those look at syrian refugees. president trump went a step further there. there's an indefinite ban on anyone fleeing persecution in syria. last year the u.s. accepted around 12,600 syrians second only to refugees coming from the democratic republic of the
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congo. you'll hear that christians can't get out of syria but muslims can get into the u.s. that's not true. equal amounts of each got into the u.s. last year. how many terror attacks have they carried out in the u.s. from the end of 2015, 20 are terrorists. amounting to .0062%. of those 20 only three attacks were carried out three people lost their lives. how many americans are killed by citizens of these countries? none. that same figure from saudi arabia. from the uae, 314. egypt, 162. why? all of these countries are home
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and none was targeted by this ban. also not on the list countries where president trump appears to have business interests. how big is the actual threat here at home? let's be honest. that's what this is about, fear right? the chance of an american being killed by a foreign born terrorist is 1 in 3.6 million. looking specifically at refugees that statistic jumps to 1 in 3.64 billion with a b. 2015 data from the centers for disease control and prevention shows us you're actually more likely to die being struck by lightning, being hit by a bus, falling out of your bed than you are of dying in a terror attack. the number in the study does not include the 1 killed in the december 2015 shooting at san bernardino however if you put that number in it's still lower than the other causes of death listed.
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allison. >> thank you very much for that important reality check, chris. president trump shaking up the national security council elevating the role of his chief strategist steve bannon. one calls this move, quote, stone cold crazy. our panel is next. ute... hey... hold on, i can explain. you better have a good answer... switch to geico and you could save a ton of money on your car insurance. why didn't you say so in the first place? i thought you's was wearing a wire. haha, what? why would i wear a wire? geico. because saving fifteen percent or more on car insurance is always a great answer. burning, befoof diabetic nerve pain, these feet... kicked off my high school games... and helped those in need. but i couldn't bear my diabetic nerve pain any longer. so i talked to my doctor and he prescribed lyrica. lyrica may cause serious allergic reactions or suicidal thoughts or actions.
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changing his national security counsel in an unprecedented way. the president removing the director of intelligence and the chairman of the joint chiefs of staff from attending this meeting. it's called the principal's committee. it's the group. he has replaced them with his chief strategist steve bannon. why is president trump down playing the role of the joint chiefs in the director of national intelligence. >> i think this goes back to and he is not entirely comfortable with the intelligence agency but he wants to be able to overrule them for political reasons.
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it's hard to see anything that's more clear of a statement and steve is not a political operative. he's a political operative with government experience instead of the director of national intelligence. clearly indicates that they're going to try to spend every single thing they do out of the white house including national security. before he was president was director of the cia. he put this together for a reason to have cabinet level discussions about the most important decisions that have to be made about national security and he specifically wanted political people outside of the room. donald trump clearly has an entirely different approach. >> steve bannon was a navy officer. it's not the highest kind of credential for someone to get on to this kind of appointment. what is the virtue as the
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administration sees it. >> this is really bizarre and it's also to my mind possibly a bigger story from the weekend than what we have been discussing just because of what it means. it's one thing to elevate your chief strategists. but what i don't quite understand is why you're diminishing the director of national intelligence and the chairman of the joint chiefs of staff. on one hand trump appointed former generals to key cabinet positions. he is clearly comfortable with leadership from career military and doesn't have a problem with strong personalities in that regard. i just think it sends the wrong message to the national security community and i can't make heads or tails of it yet because part of the president's charge in terms of how he ran and what he said he wants to do is to improve u.s. national security for what he sees as too weak of an appropriate from the obama administration. and the principles committee and
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the director of national intelligence in a post 911 world that we live in and rightfully so and the administration they feel as though the media is always on their back but there are times when you do things that are different and new and you need to explain it and they have not sufficiently explained this change. >> i think it's that and more. we have to remember how the nfc works. this is not just government sausage making. this is how information is developed and shared throughout the government between the state department defense department and intelligence agencies. this is a critical information flow whaend it breaks down people can die because it effects decisions you make in the national security arena so other administrations have been accused of points higher lit sizing the intelligence or the national security process but here is steve bannon who ran breitbart that's head of the
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white nationalists and he is not just an advisor but somebody formulating domestic and apparently foreign policy. that's big: the same steve bannon that wants the news media to shut it's mouth and listen for awhile. they have a job here to scrutinize these decisions and wonder why he has this much access. what impact he'll have and why he is more important than the chief military advisor. the chairman of the joint chiefs. so the press is going to make something of it. that's what the press should be doing but more to the point you have republicans like mccain and others that have said they're deeply concerned about this kind of construction going on in these kind of changes. >> very quickly before we move on the national security advisor's tweet, this is important, she says this is stone cold crazy after a week of crazy who needs military advice or intel. >> now she wasn't a military
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person either but she was a diplomat and wasn't put on that committee. so another tweet made some reverberation from flynn's son again. making america great again. muslim ban and then a whole bunch. and then apparently his account got the relevant of this. there is no muslim ban. just picked 7 nations out of a hat and decided to implemented all the different travel restrictions and so forth this puts a lie to it. as does rudy guilliani over the weekend. >> when he first announced it he said muslim ban. he called me up and said put a commission together and show me the right way to do it legally. i put a commission together and
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whole group of other very expert lawyers on this and what we did is focused on instead of religion, danger. >> follow his advice because he is against what he sees in the executive order. so your take. >> we have clearly some confusion at that level and i think something like this, if and when this does this is the stuff that will be brought forward to show this is not done with purely national security interests in mind. this was into forbidden territory. things like discriminating on religion or national origin. panel, thank you very much for all of those insights. president trump banning travel for citizens of 7 muslim majority countries as we have been saying. is this even legal? we look at that ahead?
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the official week of super bowl has begun half of the participants already here in houston and the patriots making a rare decision to not travel in on the sunday before the big game and they will be arriving here later on today but the falcons are here in texas already. the team arriving on their big charter plane yesterday and as you can see the team all business getting off the plane. no one trying to make fashion statements and you remember on this day last year all that we're talking about were cam newton's pants he wore when he got off the plane arriving at the super bowl. and many of their fans already made the trip including a group on a giant bus dubbed the drive
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for five. they left wednesday in this motor coach. they're here in texas ready to cheer on their team in the super bowl and a good chance some of them go to what is now nfl opening night. this used to be called just media day which was a circus in itself and now it's a primetime event that fans can attend. the event is sold out and on top of listening the players meet with the media for the first time this week there's going to be concerts and a fireworks show and thousands of media members here want to speak to the man quarterbacking for the patriots tom brady. how many times he asked about roger goodell and i'm going to take the over on that. >> i heard he's hurt and not playing in the game. i'm kidding. it's amazing what he continues to be able to do. it's hard to argue he isn't the best. andy, thank you very much. president trump sweeping 7 nation travel ban is under fire.
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one argument is political. another is legal. the constitution prohibits any restriction on the basis of national origin or religion. could this effect both legal analysis next. when heartburn hits, fight back fast with tums smoothies. it starts dissolving the instant it touches your tongue. and neutralizes stomach acid at the source. ♪ tum -tum -tum -tum smoothies! only from tums
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>> in a joint statement the attorney general condemning president trump's what they call un-american and unlawful order. and naturalization service. and thank you for joining us. let's start with the biggest precedent involved. the constitution. what are the. >> it's in deep tension with basic constitutional values. values against religious discrimination and values against broad brush actions that take no account of individuals. their potential due process
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issues and equal protection issue there is but it's going to be difficult there's many reasons why it may be difficult to get courts to actually rule in that way in these kinds of cases. apart for two main reasons. they would like to come here and they haven't yet been here. the courts are reluctant to find standing and people outside of the country don't yet have any ties. >> it's somebody that's been agrieved by the law under issue and can show some kind of damage from it. could the attorney general do that? >> the state attorneys general. >> yes. that would be a little more difficult to find a connection there but there are some people that were in the air when the order was issued and who have been in the united states. some were sent home very quickly or sent back to europe very quickly even while their lawyers
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were trying to file papers. they should be able to raise those issues. the other reason for why it's difficult is they attend to be very differential to the executive branch and the immigration area and dealing with foreign policy and they sometimes find room for the executive even when there's constitutional values and there's still room for making claims. and new york case based on an equal protection clause and claim that this action was animated against a particular religious group and that's a branch of doctrine that makes him into issues. and by his surrogates that can be invoked by the plaintiffs in
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those circumstances. >> president obama is an example of the courts giving latitude to the executive orders but some refer to the basis of inclusion and orders of inclusion versus exclusion. and precepts you were talking about would come into play for instance put it up on the screen. no person shall receive any preference or priority. and nationality and place of birth and place of residence. that's what do you think of that being the applicable statute here. >> that's a thought. and that statute is not discriminating on nationality.
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and it's strongly forbidden by the constitution. and the nationality is your current citizenship and on the basis of nationality. >> some courts will find that mutual and may very well rely on that and many times it's easier for a court, more comfortable for a court to rely on a statutory provision instead of going to the full constitutional values but there are problems with that. and most of this is being implemented by way of a separate provision of the immigration law. it's in the same statute. the same overall statute as that provision and that's the one that gives the president very broad powers when he finds that entry of certain people is detrimental to the interest of the country. a very broad standard that he
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may suspend the entry of classes of aliens or individuals. but the argument is to why that's overridden by the provision you initially quoted but it's not a clear case on that. i think the administration will argue we're not discriminating on the issue of visas. we are imposing what we see as something required by foreign policy. >> we'll hear more about this because the law may be the only one here in terms of any legislation in terms to make this executive order and germany's prime minister angela merkel. and appreciate the perspective. thank you. our international viewers thanks to all of you for watching in the newsroom we have an update on a terror attack in canada.
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>> he is not going to apologize for putting the safety of this country first. >> apologize for nothing here. >> it's a radical departure from any national security council in history. >> he didn't get the vetting he should have had. >> did the gunfire ring out of this mosque in canada. police arrested two people. witnesses describe coordinated attack. >> this is now being investigated as an act of terror. >> this is new day. >> good morning, we begin with president trump's travel ban. following a weekend of chaos and
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confusion and protests in the streets and at airports in the country not to mention global condemnation. >> even some top republicans criticized the controversial executive order. the trump administration insists though this is not a muslim ban. we have it all covered for you. she is live at the white house with the very latest. good morning. >> good morning, allison. after a weekend of confusion the department of homeland security said last night that no one in the initial group of people affected by the ban remains detained. everyone has been either released into the u.s. or put on planes back home. still the fire storm over these measures isn't letting up. amid massive and growing backlash, president donald trump defending his immigration executive order. insisting this is not about religion. this is about terror and keeping our country safe. his administration pushing back at massive protests a

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