tv The Lead With Jake Tapper CNN January 30, 2017 1:00pm-2:01pm PST
headed north, mainly on the idea that trump will institute lower correspondent and individual taxes. now, that doesn't seem to be on the front burner. his executive order on immigration and refugees has caused confusion and created serious division in washington. jake, you know this better than anyone, members of his own party are voicing serious opposition. wall street is now worried that all the infighting will actually slow the tax reform process. remember, there are big differences, as you know, between paul ryan and trump's tax plan. corporate taxes is one of the biggest areas of disagreement. bottom line, wall street at some point today thought maybe trump would undo his rally. that's at one point you saw the worst decline since early october. that said, like you pointed out, we saw a little bit of a rally at the end of the day to recover some of the losses. that's probably because trump has indicated that he might take on regulations and undo some of
the financial regulations that were put in place post-financial crisis. so there is a little bit of a silver lining for wall street there. >> cristina alesci on wall street. thank you so much. appreciate it. americans, refugees, world leaders, congress, humanitarian groups reeling from president trump's executive order temporarily banning entry for all refugees and travelers from seven specific countries. demonstrators and taken to the streets and airports for three days to protest the move. dozens of u.s. career diplomats are now considering opposing the order under the grounds it would make the united states less safe. today white house press secretary sean spicer said those diplomats should either get with the program or they can go. that's a quote. facing accusations of a hasty and less than competent impolygs of the sweeping change the white house is defending the action as a quote massive success story and saying the lack of
coordination with congress and other agencies was necessary for national security reasons. he said they couldn't give advance note in order to prevent, quote, bad dudes from coming in. people on capitol hill seem to think the executive order is, a, too sweeping and, b, incompetently implemented. >> if you want to look at a way to expand confusion and expend political capital unnecessarily, they are saying you can look at the way donald trump rolled out the travel ban, even though the white house is insisting that people who needed to be in the loop were, many people who are in government agencies implementing this and many republicans on the hill who may have been supportive of the action say they can't get on board with how it was rolled out. >> reporter: donald trump springing to the defense of his controversial travel ban which caused chaos in over the weekend and drew fire from both sides of
the aisle. >> we're prepared to work it out nicely. >> reporter: the president's executive order includes a 90-day ban on citizens come to go the u.s. from seven majority muslim countries. identified as countries of concern under the obama administration. it suspends the refugee program for 120 days. >> refugees are welcome here. >> reporter: over the weekend it prompted protests in the streets and elicited a sharp response from democratic leaders. >> this executive order -- was mean-spirited and unamerican. >> reporter: and today, a cutting rebuttal from the president. >> i noticed that chuck schumer yesterday, with fake tears, i'm going to ask him who is his acting coach, because i know him very well. i don't see him as a cryer. >> reporter: it's not just democrats raising alarm. >> you have an extreme vetting
proposal that didn't get the vetting it should have had. >> reporter: trump administration officials including senior policy adviser steven miller and steve bannon quietly crafted the order with limited guidance from the administration's own agencies. it cost the department of homeland security, state department and customs and border patrol flat-footed, breeding confusion at airports over the weekend. white house press secretary sean spicer is defending the rollout and calling the criticism overblown. >> if we announced it a lot earlier, it would have given people plenty of time to flood into the country who could have done us harm. that's not exactly a sound strategy. so the people who needed to be kept in the loop were. >> reporter: trump also tweeting if the ban were announced with a one-week notice the bad would rush into the country during the week. a lot of bad dudes out there. but the refugee process often drags on for more than a year, and even visas can take weeks for approval. the uncertainty the administration unleashed drew a
sharp rebuke from republicans. bob corker said the order was poorly implemented and called for revisions. senators john mccain and lindsey graham warned the travel ban could alienate muslim allies saying ultimately we fear this executive order will become a self-inflicted wound in the fight against terrorism. trump swiped back on twitter calling them weak on immigration and saying they're always looking to start world war iii. now, former president barack obama may have left the white house but he is not staying quiet about donald trump's travel ban. he weighed in via his new spokesman saying the president fundamentally disagrees with the notion of discriminating against individuals because of their faith or religion. jake. >> sara murray. thank you so much. bringing in democratic congressman adam schiff from california. thank you for being here. the white house says they had to act quickly on this out of respect for national security. >> well, apparently they acted so quickly their own people
didn't know what they were doing and thus we had the chaos around the country. i don't buy it. in fact, i think the whole order is only going to make our security challenge even worse. we are successfully alienating allies that we need in the fight against terror. i was in iraq no more than two weeks ago, meeting with their national security adviser among others. we need to partner with these nations. how do we do that when we basically say the faith most of them hold we're not going to respect and we're not going to let people of that faith into the united states. it's a terrible misstep. >> the trump administration is explaining the decision to pick these seven countries because it is based on the department of homeland security during the obama administration which said that these countries require extra steps for travelers who had -- were coming from those countries. is the list wrong, or is it -- explain the disconnect here.
it was based on a dhs obama list. >> i have never heard the trump administration fall over so to praise the obama administration. the obama administration didn't put in a freeze like this because they knew putting in place an action like this would send the message that we were going to discriminate against a religious group. i am glad the president has spoken out today. yes, there are procedures that are in place to make sure that we vet people and that we are very careful. and the administration may have said that additional steps may be necessary. but you don't just slap a ban on like this. and you don't say the only exception to the ban will be people who are not muslims. i think that's exactly the wrong message, and that was never a message the obama administration wanted to send. in fact, quite the opposite. >> one of the other measures is basically an indefinite ban or indefinite hold, suspension, of the syrian refugee program. this is what fbi director comey had to say in 2015 about vetting syrian refugees and the challenges of allowing them into
the country. take a listen. >> there is risk associated with bringing anybody in from the outside, but especially from a conflict zone like that. my concern there is that there are certain gaps. i don't want to talk about publicly, in the data available to us. >> so let's say you are the average american watching this at home. you think, well, that's the fbi director saying they don't really know how to vet syrian refugees. why is trump's indefinite suspension of the syrian refugee program a bad thing for the safety of the american people? >> first of all, we have a very long and arduous vetting process for anyone coming from syria, and as a part of that, if we can't find the documentation and figure out who these people are, they don't come in. yes, there are difficulties in confirming people. if you can't get the confirmation, they don't come in. that's different than saying we are never accepting anyone even when we can vet them, even when they pose no risk.
even when they're women and children. that's antithetical to the historic traditions of the country. how do we ask other countries to bear a burden in the refugee crisis if we are not willing to. if you look at this purely from a national security point of view and say here is a group of people who have the most extensive vetting that we do, takes a year and a half to two years, compared to people coming from europe who don't need a visa. a lot of foreign fighters went to europe, left to join the fight and have left and come back. those people could come here with the least amount of vetting possible. if he were serious about this from a national security point of view, he would have a discussion about how do we deal with that, not simply say we're going to turn our backs on all these refugees. >> congressman adam schiff. thank you so much for being with us. a self-described nationalist who has no apparent foreign policy experience though he did a stint in the navy. why is president trump giving him a permanent role on the
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welcome back to "the lead." sticking with the politics lead now. an american president has a tremendous amount of power. at least once a week a life or death decision comes across his resolute desk, a military strike against a terrorist cell. a hostage rescue attempt. an iranian ship too close to a u.s. naval vessel in the strait of hormuz. the first week of the trump presidency does not provide much evidence that information and expertise from outside the president's immediate circle are valued as much as they should be. that's at least according to democratic and republican national security experts with whom i have spoken. the number of agencies and experts and congressional leaders consulted or briefed upon the executive order on immigration and refugees was republican and democratic officials say, shockingly small. the white house today took great pains to suggest that reports of
a major shakeup at the national security council are, quote, utter nonsense. to be charitable, those are alternative facts from our friends at the white house. national security experts in the presidential memorandum making the change disagree. the president, in his new memo, gave steve bannon, the former publisher of breitbart. a seat on the national security council. this has never been done before. george w. bush did not even innovate strategist karl rove to the meetings. david axelrod was allowed to occasionally attend only as an observer. giving a purely political staffer a principles committee seat on the national security council, that's brand-new and it is unsettling to a great many experts from both major political parties. in addition, president trump has said that the director of national intelligence and the chairman of the joint chiefs of staff are no longer on the national security council
principles committee but, quote, shall attend where issues pertaining to their responsibilities and expertise are to be discussed, unquote. this is also a tremendous change, despite claims otherwise. why the president would think that the former publisher of breitbart is a more important voice on national security matters than the chairman of the joint chiefs of staff or the director of national intelligence, that's a mystery. except, of course, that the fear is that this is a white house that seems not to value sufficiently information and expertise from outside expert voices. republican senator john mccain called the national security council changes a, quote, radical departure. ambassador susan rice. president obama's former national security adviser described the decision as, quote, stone cold crazy. jeff zeleny joins me.
the white house pushed back saying they're welcome at any meeting when want to come to. >> reporter: white house press secretary sean spicer said they could come to any meeting that they wanted to, but that's not what the memorandum said. it said steve bannon is a member of the principles committee and the others you mentioned, the generals are not part of that. it goes to show how much influence steve bannon has. in previous administrations political advisers have not been invited. as we are seeing, stephen bannon, his portfolio extends far beyond politics. steve bannon is the white house chief strategist, but even that title may not do justice to his influence in the west wing. he is driving decisions on every piece of president trump's agenda, domestic and foreign, including the president's immigration order and travel ban that sparked a global backlash. it's his elevation to a permanent spot on the national security council that's
outraging even many republicans, questioning why he has a seat alongside the secretary of state and defense secretary in the inn inner sanctum of security. the president said the chairman of the joint chiefs of staff and director of national intelligence will no longer have a standing seat on the group. robert gates who has served eight presidents said it was an unprecedented move. >> i think pushing them out of the national security council meetings, except when their specific issues are at stake, is a big mistake. i think that they both bring a perspective and judgment and experience to bear that every president, whether they like it or not, finds useful. >> reporter: white house press secretary sean spicer brushed aside criticism as utter nonsense. he drew a comparison to david axelrod, senior adviser to president obama, who attended some national security meetings. yet axelrod never had a permanent seat on the council.
>> this administration is trying to make sure that we don't hide things, wait for them to come out after the fact. so it recognizes the role that he's going to play. steve will not be in every meeting. like axelrod, he'll come in and out. >> reporter: bannon unfazed by the controversy. a person close to him tells cnn he thrives on it. bann bannon sees his role as disrupting the establishment, republicans included and putting his idealogical imprint on the trump presidency. he calls himself a nationalist. >> this whole movement, it's the top first inning. >> reporter: he joined the team last august, taking lead from leaving the conservative breitbart news website. at 62 he has one of the loudest voices in the white house who is rarely heard or seen outside, except now at the president's side. he is a former naval officer. goldman sachs investment banker and hollywood movie producer who drew attention of conservatives
with this ronald reagan film in 2004. >> in the traditional motion picture story the villains are usually defeated and the ending is a happy one. he told the "new york times" last week, the media here is the opposition party. one day later the president echoed the same sentiment to the christian broadcasting network. >> i think the media is the opposition party in many ways. >> reporter: bannon believes there is a short window to get a lot of things done. that's why he is using this opportunity to push things through. jake, i am told by someone close to him he does not view this controversy as a setback but rather an opportunity to do more. >> jeff zeleny, thanks so much. quote, it won't stop terrorists. that's how one u.s. ally is responding to president trump's immigration order. plus, they had the proper paperwork to travel from syria to the united states, but when they arrived in america they were detained. one family's story about being
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. welcome back to "the lead." time for our world lead now. just one week into the job, president donald trump's relationships with some critical u.s. allies are off to something of a rocky start. hours before the executive order barring citizens from seven nations from entering the u.s. was signed, british prime minister theresa may and president trump were at the white house praising the special relationship between the u.s. and the uk. a day later, under pressure, prime minister may released a statement saying that her government did not agree with trump's ban. let's get right to cnn's clarissa ward in london. the uk is just one of the u.s.
allies criticizing president trump for the executive order. >> reporter: that's right. right now their approach is taking place here in london. outside the prime minister's residence. there are also protests taking place in canada. jake, few world leaders want to come out and publicly criticize the white house. that puts them in a very awkward position, especially theresa may, who is desperately hoping to negotiate a good trade deal with the u.s., but nonetheless she did come out today. she said, quote, as far as the ban goes, we have been clear. we don't agree with it. and that was one of the more moderate responses. international criticism of president trump's travel ban is growing. >> this is not an approach that this government would take. >> reporter: in the uk today, foreign secretary boris johnson stepped carefully into the fray. >> where we have differences with the united states, we will not quell from expressing them.
>> reporter: following prime minister theresa may's meeting with president trump friday. according to her spokesman, german chancellor angela merkel called mr. trump directly to reiterate the geneva convention's rules requiring aid to refugees. today merkel told reporters this. >> the necessary and decisive fight against terrorism does in no way justify a general suspicion against people of certain beliefs. these actions according to my believes are against the core idea of international aid for refugees and international cooperation. >> reporter: canadian prime minister justin trudeau reacted by welcoming refugees, tweeting, to those fleeing persecution, terror and war, canadians welcome you regardless of your faith. diversity is our strength. welcome to canada. all this as reaction pours in from the seven majority muslim nations directly affected by the executive order. refugees from syria had a clear message for mr. trump.
>> he is a privileged man who has lived a life of privilege. he has not seen our suffering. >> translator: we want to live in peace. we do not want to go to the united states to carry out terrorist operations. >> reporter: the foreign minister in iran called it a gift to extremists. vowing to take similar measures to u.s. nationals. in iraq where u.s. and their forces have partnered in the war against terror, calling it the reciprocal suspension of u.s. visas is not just possible but probable. one muslim majority country that is not on the ban is pakistan. but today we heard from pakistan's foreign minister. he spoke out against it saying in my personal opinion the move will not affect terrorists, however, it will increase the miseries of the victims of terrorism. a reminder, jake, to our viewers that the vast majority of the victims of terrorists are, in
fact, muslims. >> thank you so much. in canada one man is in custody after a deadly shooting rampage at a mosque in quebec city. police are investigating it as an act of terrorism. authorities say they believe there was only one gunman. witnesses say the shooter arrived at the cultural center with opened fire upon families inside. when the carnage was over six people had been killed, all the victims men. eight others had been injured, some critically. police say the shooter called 911 afterwards and identified himself as the suspect. he is now in custody. at one point officers had detained two people but now we're learning the second person was just a witness. as we learn more, we'll bring you more information. u.s. defense officials just confirming to cnn that iran test-fired a ballistic missile yesterday, the launch failed and according to the pentagon at no point was the u.s. or its allies in the region in danger. the white house says it is looking into the sxaexact naturf the test. it would violate a u.n.
resolution signed after president obama's nuclear deal. they flew around the world from syria to visit their son. when they got to the united states they were held for hours, even though they had all the proper paperwork. their story next. businesses count on communication, and communication counts on centurylink. withevery late night...g... and moment away... with every click...call...punch... and paycheck... you've earned your medicare. it was a deal that was made long ago, and aarp believes it should be honored. thankfully, president trump does too. "i am going to protect and save your social security and your medicare. you made a deal a long time ago." now, it's congress' turn. tell them to protect medicare. why pause a spontaneous moment?
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welcome back to "the lead." i'm jake tapper. the national lead. a closer look at the unwelcome arrival of dozens of foreigners who travelled to the united states this weekend. or tried to. the trump administration says 109 people were detained at several airports after the travel ban went into effect. hundreds of thousands were admitted. a couple from syria found themselves held for more than eight hours in orlando. they were detained despite having visas in hand to visit their son, a u.s. citizen living
in florida. they do not speak english. they are son does. he joins me along with the immigration attorney. do you go by eli or elias. >> eli or elias. my nickname is eli. >> tell us about what your parents went through once they landed in orlando. >> it was miserable. they went through a lot. they got to the airport at 10:00 in the morning, and they were just put on the side with another girl. she was from iran. and they were just not explained what's going on, and they were trying to talk to them. there was no translator to translate at the moment. and i think there was a guy that worked in the orlando airport, his name is hasham as my parents told me. he is from tunis. he was not speaking too much of arabic as well but he was a little bit of help until another
emirates working came by and she was iraqian and able to translate more. >> as people passed, people offered assistance to translate for eli's parents to communicate with the cbp agents. >> how long were they detained? >> they were there for eight hours. 10:00 in the morning until 6:30. >> eli. i am told you said you were once a supporter of president trump. are you still? >> oh, well, at this second i don't know what to answer. i mean, some things he said and he promised with i was with, like the, you know, the health care program, the new ones, protecting the country, which is all we're looking forward for, making everyone feel more secure and safe. we were all looking forward for that, you know. i mean, what he is trying to do could be right, it could be wrong. they know more than what we do, but not in that way. not in that way at all. a lot of people are affected, a
lot of people losing their lives. i mean, people need to come to united states, you know, to change their life, not just to come and visit or come and look and go, you know sf. >> eli mentioned he supported the president for his business mind and, as a businessman himself, he had similar views. i don't think he was expecting his family to be affected by this executive order that the president signed on friday. >> were your parents ever asked about their religious background? my understanding is that you and your parents are catholic. >> we are. they were not asked at the airport at all. the worker was really nice. they were not able to talk to me or use the phone. they weren't able to speak to nobody. my mom tried to tell them, let me talk to my son to let him know where we're at, to talk to him, see what's going on. they were, like, we are not allowed to let you use the phone at all. they were held. they were just there, i mean,
sitting. they didn't know what's going on. t they asked. they didn't tell them, we don't have the permission. we don't know if you guys are coming in or going back. we're waiting on washington. >> as you represent clients like elias, what's next? can you fight this in court? what can be done? >> well, we took a lesson from what happened in new york city and massachusetts over the weekend. we were getting ready to file a habeas if necessary, a motion to allow the release of his parents, because they have lawful permission to be here. but we're going to continue to fight, us and other immigration attorneys, this executive order by filing and hopefully adding to the motions for stay and the court orders putting a hold on this executive order until more instruction is given to the agents and to attorneys and international travelers to have more of an idea what to expect and who is actually affected. i believe many also agree with me that the executive order has created great confusion across the country on both sides of the
aisle. >> elias, president trump is suspending the syrian refugee program indefinitely. as a syrian american, your parents live in syria. what do you make of that? >> i mean, a lot of people over there need a new life. you can't just -- you can't just hold on everyone and, you know, suspend everyone. there is a good people as just there is bad people. you can't just judge a whole country just of what you see on the news or what you hear. there is a good muslim. there is good christian and there is bad muslim and bad christian. you can't judge everyone as one person or as a group of people. it's -- it's bad over there, you know. no power for days. you don't get to have water in some place. some places it's really hard to get food. some places there is no safe. everybody just stealing from everybody. i mean, it's really bad. you could tell from the news.
but again, you can't -- i mean, what he did, it could be right, it could be wrong, again, but not in that way. a lot of people has visas, like my parents had their visa two months ago. when the order came out, they were in beirut. they were on the flight. and a lot of people, i am sure not just my parents, were on the flight on their way to america when that order came in. you can't just hold all these people not knowing what they can do. i mean, my parents were eight hours in the airport without food, without water, without -- i mean, my dad had to fight with the policeman, even though he didn't try to, he was like arguing with him like, i need to smoke. i can't go 20 hours straight without a cigarette. i am i being arrested? he is like, no, you're not being arrested. well, why can't i use my phone? why can't i call my son? why can't i smoke. >> the big frustration for elias and his family was the unknown
and not being informed. the agents were polite. they offered the family if they wanted food. due to i am guessing security and communications issues the family did go without eating. for the most part the agents were polite. it was just not knowing and not being able to contact elias after the long travel. it was very frustrating for everybody. >> thank you so much for joining us. we really appreciate it. i hope your parents enjoy the rest of their time in florida. president trump says he has made his decision on a pick for a supreme court justice. it sean spicer drop hints during his white house briefing this afternoon? stay with us. thankfully at panera, 100% of our food is 100% clean. no artificial preservatives, sweeteners, flavors, or colors. panera. food as it should be. and i finally found our big idaho potato truck. it's been touring the country telling folks about our heart healthy idaho potatoes, america's favorite potatoes,
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welcome back to "the lead." sticking with politics now. president donald trump insisting his controversial travel ban is keeping america safe because there are, quote, a lot of bad dudes out there, end quote. lots to discuss with the panel. david french, let me start with you. you think the executive actions
were reasonable though poorly implemented and the media and others are being hysterical. >> what we're looking at, bottom line, is three-month delay in processing entries from seven countries that the obama had identified as particularly problematic. a four-month pause in refugee admissions. then returning those numbers to roughly slightly more than the average bush era admission levels. and then providing some privileges to members of religious minorities in the refugee resettlement process. all of that is not all that radical. and in fact, given the rise in the number of islamic terrorist pilots and the problems we've seen in europe, pushing the pause button for a little while makes a lot of sense. what did not make sense was applying this to green card holders. translators and interpreters who sacrificed for americans overseas and applying it to people already in transit who had already jumped through the lawful hoops. that's why you had all the chaos
over the weekend which in my view was inexcusable. it was poorly planned and caused a shock to the political system that didn't need to happen. >> ruth, let's pause it was poorly planned because seems like the three of you agree on that. what about the executive order unto itself. >> with david on the chaos. agreed on that. he left out a bunch of things. for example, no more syrian refugees. we can have an argument about whether the united states could have done something, but the notion that we as a country don't have a moral responsibility like other countries to take in people who, you know, have been extensively vetted, is just repugnant to me. the broader issue is that nobody wants to risk letting people into this country who could be terrorists, but there is just no fit between this order -- no fit that i can see or that experts really see -- between this order and protecting us. look at the 9/11 terrorists. these are not the countries that
they came from. >> saudi, egypt, uae and lebanon. the four of those not mentioned. there is a lot of debate about whether or not this is a quote-unquote muslim ban. it's not as extensive as what president trump promised during the campaign. listen to rudy giuliani talking about what the ban is yesterday. >> when he first announced it, he said muslim ban. he called me up. he said put a commission together, show me the right way to do it legally. what we did was we focused on, instead of religion, danger. the areas of the world that create danger for us. which is a factual basis, not a religious basis. >> margaret, a lot of people heard mayor rudy giuliani saying that and interpreted differently than he did. which is i want to do a muslim ban. find out a legal way to do it. >> there are a lot of american voters, maybe not a majority but
a sizable pocket who want a muslim ban and were tweeting over the weekend or expressing their support for it on facebook. >> david duke's son. >> the constituencies that ruth mentioned. refugees, green card holders, people facing religious persecution. there are the political constituencies to. this is an important test for the trump administration. everything from his cabinet like mattis, kelly. i mean these principal advisers to president trump to lawmakers, particularly republicans in congress, to leaders of other countries, important allies and partners of us, whether it's angela merkel, whether it's king abdullah from jordan who was here today to visit the vice president. and the mike pence's readout and the jordanians readout looked
different. >> the seven countries you pointed out were identified by obama administration for ending the visa waiver program and making it tougher for people to get in from those countries. it wasn't a ban on immigrants. congressman schiff said satit's something of a red herring because, yes, they identified them as countries of concern but didn't say nobody could come in. >> it's obviously a change in policy. it's a 90-day change in policy for right now which is not that long of a time. plus, if you look at the actual seven countries -- i've heard talk about saudi arabia and egypt. we need to take a close look especially at saudi arabia. but this list is based on conditions now. yemen is deteriorating. it's in horrific condition. there was an american combat death in yemen. syria, we know the problems there. even though iraq is our ally and i think the inclusion on that list is problematic. don't forget the largest jihad held city in the world is mosul,
iraq. it's been racked with jihadist violence. iran is the enemy. somalia as well. it's a reasonable list i think. when we use the term "ban," that sounds permanent. this is 90 days while there is a reevaluation. that's three months. it's not a long time. see what happens at the end of the 90 days, what the policy is at the end of the 90 days. for right now highlighting the seven countries which the obama administration had already pointed out as being particularly dangerous, seems reasonable. it might be over-inclusive or under-inclusive but the seven are a defensible choice. >> 90 days might not be long for the four of us, but it might be long for some people out there trying to get to the united states. i'm sure you would concede that point. >> particularly for translators, interpreters. people who have done good service for the u.s. overseas. i think there should be
immediate relief for them. that's one of the most distressing thing. some of the people seem to be left out in the cold. >> thank you. that's all the time we have. tune in to cnn tomorrow night for a town hall with house minority leader nancy pelosi. starts right after president trump has announced his supreme court pick. several state attorneys, generals, vowing to take action against the president's immigration order. will it stand up in a court of law? that story next. sites to find a better price...l ...stop clicking around... the lowest prices on our hotels are always at hilton.com. so pay less and get more only at hilton.com. and for just $15.99big festival of shrimp
the american civil liberties union received more than $24 million over the weekend. federal judges sided with aclu lawsuits and blocked the deportation of people detained in the airports. among the demonstrators. senate minority leader chuck schumer and nancy pelosi who plan to call on the president to reverse his executive order on immigration. tonight's protest comes as legal resistance to the travel ban mounts. joining me now to discuss this and more, supreme court biographer and cnn legal analyst joan biskupic. do you see the challenges potentially going up to the supreme court? >> i do. either on the constitutional questions having to do with whether the president has this kind of power to exclude people perhaps based on religion or they could come up even sooner
with just these -- the injunctions that have already been filed. one way or another it's headed to the supremes. >> now, of course, president trump, we are told tomorrow night, will announce his supreme court nominee. any feeling as to who it might be? >> i think we're down to three. i can tell you right now i can see on your screen neil gorsuch, judge from denver, probably the most traditional judge he would put on. ivy lead credentials. inside the beltway sort of person. he started as a senate page in washington. even though he is like fourth generation coloradoan. he would be probably the sort of person the republican establishment would want. thomas hardiman has a more dramatic story. started as -- drove a cab as he got himself through law school. first person in his family to go to law school. if you're talking about controversy like what we've seen over the weekend and what we could see going forward, william
pryor of alabama would be the most controversial nominee because he has been strong against abortion rights, same-sex marriage, abortion rights. he would be true red meat for the liberals. >> there is a theory that if president trump picks a more moderate nominee it might comfort justice kennedy and serve to encourage him to retire thus giving trump another pick. is that based on anything? >> it's based on this. anthony kennedy is 80 years old. he has wanted to step down for a while. i think that finding someone who is more moderate could maybe -- especially someone who would carry out his legacy in the area of gay marriage and more moderate rulings could hearten him. i think tony kennedy will go when he needs to go, and as we've seen with him on rulings, he is prone to play hamlet a lot with court rulings. he'll probably do that with his retirement as well. >> all right.
thank you so much. that's it for "the lead." i'm jake tapper. turning you over to wolf blitzer in "the situation room." see you tomorrow. happening now, breaking news, travel ban backlash. president trump's ban on travel from seven mostly muslim countries is greeted by protests and lawsuits as the white house takes heat from both democrats and republicans. diplomatic dissent. dozens of career foreign service officers disagree with the travel and immigration ban, but the white house says they can, quote, get with the program or get out. what's the president hearing from world leaders? obama's back. the former president is already speaking out and endorsing the protests against the travel ban. a statement says barack obama believes, quote, american values are at stake. and seat