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tv   Early Start With John Berman and Christine Romans  CNN  January 31, 2017 2:00am-3:01am PST

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is unusual for any white house, let alone one trying to find its footing after a week and a half on the job. new acting attorney general sworn in replacing the old ag sally yates after she said not to defend the travel ban in court. the u.s. attorney for eastern virginia dana boente took the oath and quickly rescind the order. cnn's justice reporter laura jarrett has more from washington. >> reporter: good morning. it is fair to say we saw a truly extraordinary turn of events last night. the story started at 6:30 p.m. when my colleague evan perez broke the story that sally yates had told her team of lawyers that she was not convinced the executive order was lawful. she instructed her team at the justice department to not defend the order in court. that would have mattered in the short-term a lot.
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there are active lawsuits all over the country about this order. less than three hours later, she was fired and gone. the white house put out a statement at 9:00 p.m., saying yates betrayed the justice department by refusing to enforce a legal order. president trump replaced her with dana boente. a top federal prosecutor out of virginia. then boente quickly issued new guidance to the lawyers at the justice department directing them to defend the executive order since the administration says the office that typically provides legal advice of the executive branch had signed off on the executive order. as you might imagine, yates' firing setoff a fire storm on capitol hill last night with senators speaking out harshly. senator ted cruz saying she put partisan interests above
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fidelity to the law. chuck shchumer says this under scores how we need an attorney general to stand up to the white house. later this morning, the judicial committee is set to vote on the nomination of senator jeff sessions. the pick for attorney general. he will not be there in person, but you can guarantee the senators will bring up what has happened over the past several days in washington. >> again, the headline, dana boente in. sally yates out. the question is how does this impact current and future litigation over the executive order? >> reporter: no court has had an opportunity yet to evaluate the constitutionality of the president's travel ban. lawyers are gearing up for that fight next. advocacy groups filed a suit in federal court yesterday saying the order violates the constitution by discriminating
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against muslims. courts are still dealing with the fallout from what happened over the weekend. lawyers in virginia filed a complaint detailing new problems with customs agents allegedly making travelers forfeit visas at dulles airport. washington's state's attorney general is suing trump. >> laura jarrett following the story in washington. thank you. it is likely those justice department lawyers will be busy defending the growing list of lawsuits seeking to overturn the travel ban. dana boente's turn as acting attorney general may not last long. jeff sessions is one of four cabinet nominees set to go to vote today. betsy devos and tom price along with steve mnuchin. senate democrats say they will demand the nominees will discuss
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the muslim ban according to democrats. a final confirmation vote is expected tomorrow on jeff sessi sessions. and the house homeland security chairman mike mccaul goes too far. he says we should not turn away people who have been lawfully allowed to come to the white house united states. despite all of the opposition we have seen, the administration is standing by this order and trying to smooth things over. mike pence and john kelly will meet with republican leaders today. sara murray has the latest. >> reporter: good morning, george and christine. donald trump beginning the week under fire by democrats and republicans for the rollout of
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the travel ban. there were members of his own government agencies who were not sure how to implement the ban when it was passed. a number of republican allies on the hill say they were not consulted. they were taken by surprise. if they do agree with what the travel ban includes, they do not agree with what some of them called a sloppy rollout. inspite of all that, the white house defended the move on monday. here is what sean spicer had to s say. >> if we announced this earlier, it would allow people to flood into the country to do us harm. the people that needed to be kept in the loop were kept in the loop. >> reporter: there is no indication however that donald trump plans to slow down his breakneck pace. will have a meeting on cyber security and we are expecting him to sign executive action on that. the big show this evening when we expect donald trump to announce his pick for supreme court justice. back to you. sara murray, thank you.
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let's assess the justice department turmoil this morning. best selling author ellis henican joins us. the bigger picture here. so fascinating to me. the idea that democrats would slow off the confirmation process of the appointees. that's expected. president trump complains about that. what does surprise me is the rift developing among republicans. that could slow the priorities from here on out. over the travel ban. >> are you look at the right thing? i think the cost is getting higher by the day of the support that would naturally be given to a new republican president in a situation. if donald trump says stick with me, stick with me. that is fine if the cost is not high. how you have to stand up and explain the travel ban. what the problems are with the allies.
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why congress wasn't included. that is a heavy lift for a republican who may one day need to be elected. >> jeff sessions is the person who is set to take over. >> in the hot seat. >> and it is interesting to see jeff sessions questioning sally yates for the deputy role. i want to listen to this. interesting. >> you have to watch out because people will be asking you to do things. you need to say no. you think the attorney general has a responsibility to say no to the president if he asks for something that's improper? if the views of the president wants to execute are unlawful should the attorney general or deputy attorney general say no? >> i believe the attorney general or deputy attorney general has the obligation to follow the law and constitution and give independent legal advice to the president.
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>> just say no. >> a great clip. >> who found that? that's terrific. >> given that exchange, he will be held to the same standard. >> very, very good point. that is the law of the land. that is the theory of working in a job like that. you are supposed to follow the law. there will be people who look at sally yates and see a hero. >> fascinating. a lot of republicans see an obama appointee. that's the mood in washington right now. i want to talk about the travel ban. i have been looking at the legal analysis. some say it is clumsy, but perfectly legal. the president has the rights. others say it is unconstitutional. how bogged down will it be in the courts? >> there are so many challenges. there are great principles of law.
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the president has a lot of leeway. particularly on immigration issues, particularly involving people outside of our borders. one of the limitations and this is what the other side will argue are what it comes down to discrimination based on national origin. >> they can prove this is religious based. >> it is truly a clash of the great ideals in america. >> you look at companies. i rarely see companies coming out together against a travel ban. microsoft, yelp, ford. goldman sachs came out yesterday with this. the goldman sachs ceo wrote an impassioned letter to his employees. the values of the country and company. steve bannon used to work at goldman sachs. many say he is one of the architects. >> those are all global companies at this point. depending on employees and customers. not easy to pull the security gate. >> the companies are exited
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about the donald trump presidency. now the big worry is that will be talked about among republicans. does that derail? >> is the bump becoming a slump? do you like that? >> a sitting president talking about the stock market. >> the uncertainty. the bump happened, but so many questions and companies and countries that are trying to figure it out. >> i'm trying to learn the expressions of christine. bump. slump sdplch slump. >> how do we go from here? normally a day we would say supreme court nominee. that is the only story. >> around 7:30 tonight we will get to that. a lot to keep track. ellis, nice to see you. again, the question on wall street. the burning question will president trump kill the stock market rally? the dow suffering the biggest loss.
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futures are down again. this is a pull back after a 10% climb fueled by promises of lower tax rates and less regulation. the white house press secretary is not worried. had a remarkable comment yesterday about the market run up. saying this is an added benefit. >> when you look at the ups and downs of a market and consumer con if confidence. this brought a lot of confidence back to traders and investors. the overall commitment that businesses have to want to work with the administration to add jobs and create better jobs and add benefits. to find out how the president can ease the regulatory burden they face. a holistic process that is undertaken to unleash the american economy. >> so rare, george, to talk about stocks from the president yesterday and from sean spicer
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from the podium. rare. also runs a risk. what if they can't deliver in the near term? >> unprecedented. confusion over the president's travel ban. not limited to the united states. several european countries are trying to understand how it effects travelers there. cnn is live in london next. we're told to live large, but with princess cruises your most extraordinary moments happen when you feel small. when you're completely outnumbered, overshadowed, and outshined. so what if you dared to explore this great big beautiful pond. what if you dared to feel small. celebrate our princess anniversary sale with award winning itineraries. 7 day fares from $799. visit your travel agent or princess.com. princess cruises. come back new.
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a question of law and some question of values. what about the facts for the governments? what are they advising the dual national citizens? >> reporter: it seems many advising different things, christine. on the one hand, germany saying don't go to u.s. embassies for citizensh citizenship. in france, however, officials are still trying to gain clarification of what it means for their dual nationality citizens, they are saying people if they are traveling on french passport, you should approach american consulates in paris for advice before applying for a visa. here in the united kingdom, the call to the foreign office, british citizens with dual nationalities are planning are traveling on the british
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passport, they will be allowed in the united states. the big question is what does it mean for other countries? what does it mean for the uk? does this set a dangerous precedent for countries getting favorable treatment. those are the questions people are asking today here across europe. >> it is interesting. the logistics of it. american companies, national and international companies say it looks like the united states is putting a big closed for business sign. companies telling the workers sit tight and if you don't need business travel, fine. dozens of ceos trying to talk about how they all together voice their concern about this. certainly a really amazing development. nina, thank you. talk to you shortly. the identity of the first member of the military to lose his life under president trump has been released. we will have that story for you next.
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welcome back. the trump administration reinsigrei reinstating the cia director to the security council. this erupted when steve bannon was appointed as a regular committee members. republicans objected to the director of the intelligence committee not having a permanent seat the table. iranian state tv reporting a committee assembled to come up
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with reciprical measures at embassies around the world. this is designed to ensure ir iranians treated with dignity. this comes as the trump administration requested a closed-door meeting with the united nations security council. after iran conducted a mid range missile test over the weekend. this posed no threat to the u.s. or allies in the region. we know the identity of the navy s.e.a.l. killed in yemen. the defense department announced william ryan owens was killed during the raid on al qaeda militants. secretary of defense james mattis offered condolences to the 26-year-old's family. the boy scouts of america will accept members based on gender they identify with. opening the door with transgender to join. that means the boy scouts will
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no accept birth certificates to determine eligibility. an 8-year-old cub scout in new jersey accused the organization of kicking him out accusing him of being transgender. a stunner at the department of justice. new acting attorney general is in. the old one is out. fired by the president for refusing to defend his travel ban. more on the dramatic developments in washington as "early start" continues. my business was built with passion... but i keep it growing by making every dollar count. that's why i have the spark cash card from capital one. with it, i earn unlimited 2% cash back on all of my purchasing. and that unlimited 2% cash back from spark means thousands of dollars each year going back into my business... which adds fuel to my bottom line. what's in your wallet?
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other side effects include gas, stomach-area pain and swelling. talk to your doctor about managing your symptoms proactively with linzess. breaking overnight. legal drama. trump fires the acting attorney general for refusing to uphold his travel ban. he quickly installs replacement and quiets none of the uproar. the chaos overshadowing the lead up to the big announcement today in primetime for choice for supreme court. more on a wild night and what
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lies ahead. what lies ahead? who knows? welcome to "early start." i'm george howell splch. >> i'm christine romans. in a november thmove that hevok massive firings in 1973, this would be unusual for any white house, let alone one trying to find footing after ten days on the job. a new acting attorney general sworn in to replace the old ag sally yates after she ordered lawyers not to defend president trump's travel ban in court. the u.s. attorney for eastern virginia dana boente took the oath and quickly rescinded the order. laura jarrett has more from washington. laura, what an amazing 12 hours of developments over at justice. >> reporter: as you said, a wild night indeed. it all started around 6:30 last
quote
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night when evan perez broke the story. that sally yates told her team of lawyers at the justice department she was not convinced the executive order was lawful. she instructed her team not to defend the order in court. now as we know, there are lawsuits going on right now. it would have mattered. not have a u.s. attorney in court defending it. three hours later, she was fired. the white house put out a statement saying yates quote betrayed the department of justice by refusing to enforce a legal order. trump replaced her with dana boente. a top prosecutor out of virginia. boente quickly issued new guidance to lawyers at the justice department defeirecting them to defend the order. the office that proves advice to the executive branch is the office of legal counsel signed off on the executive order.
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as you might expect yates' firing setoff a real fire storm here on capitol hill last night with senators on both sides of the aisle speaking out. republican senator ted cruz went after her hard saying she put partisan interests above fidelity to the law. senator minority leader chuck schumer saying this under scores why it is important to have an attorney general willing to stand up to the white house. the timing here is incredible. later this morning, the judiciary committee is set to vote on the nomination of senator jeff sessions. president trump's pick for attorney general. while he won't be there in person, you can guarantee the senators will have something to say about what's happened. >> that is a real easy call to make. laura, how does this affect current and future litigation over that executive order? >> reporter: we will have to see what happens. the courts have not had an opportunity to evaluate the
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constitutionality of the travel ban yet. lawyers are gearing up for a fight. filed suit saying it violates the constitution. >> laura jarrett, thank you. another busy day ahead. these are likely to be busy times for lawyers at the justice department defending against the growing list of lawsuits aiming at overturning the travel ban. dana boente's attorney as acting attorney general may not last lo long. replacement jeff sessions is one of four nominee vos set for vot today. senate democrats say they will demand all of them come out against what democrats call the president's muslim ban. mr. trump's secretary of state nominee rex tillerson is moving to the senate vote over the objections of most democrats. final confirmation vote now expected tomorrow. criticism from a top republican from the
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administration's chaotic rollout on the ban. michael mccaul says the ban as written goes too far. we should not be turning away people who have lawfully approved to come to the united states. this issue could have been avoided through better coordination with the white house, congress and agencies on the frontlines which is more important now than ever. the administration is standing by the order and trying to smooth things over. vice president mike pence and john kelly will meet with republican leaders today. satellite/radra murray has the . >> reporter: good morning, george and christine. donald trump starting the week under fire by democrats and republicans for the rollout of the travel ban. there were members of his government agencies who were not sure how to implement this ban when it was passed. a number of republican allies on the hill say they were not consulted. they were taken by surprise and even if they do agree with what the travel ban includes, they do
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not agree with what some called a sloppy rollout. inspi spite of all that, the wh house defended the move. here is what sean spicer said. >> if we announced this earlier, this would have given people plenty of time to flood into the couple t country to do us harm. that is not a sound strategy. the people who needed to be kept in the loop were kept in the loop. >> reporter: there is no indication however that donald trump plans to slow down his breakneck pace. he will have a meeting on cyber security today and we are expecting him to sign executive action on a front. the big show comes this evening when donald trump will announce his pick for supreme court justice. back to you sdplch. >> sara murray, thank you. a lot to talk about here. let's bring in ellis henican who joins us this hour. ellis, the question here is at some point jeff sessions will step into the role. it is likely.
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it is interesting because there was a point when jeff sessions was questioning sally yates on an issue of integrity. listen to the exchange. we can talk about it here in a moment. >> you have to watch out because people will be asking you to do things. you need to say no about. you think the attorney general has a responsibility to say no to the president if he asks for something that's improper? if the views of the president wants to execute are unlawful, should the attorney general or deputy attorney general say no? >> senator, i believe the attorney general or deputy attorney general has an obligation to follow the law in the constitution. and give independent legal advice to the president. >> so that is a clip that we dug up from back in 2015. you know, this was when sally yates was going for the deputy role. to hear what jeff sessions had to say, that is a point on record. >> that was a different president. jeff sessions was worried she
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would stand up to barack obama. it is a classic secretic method from law school. who should be judging these things? what should a lawyer's responsibility be making independent judgment deciding what the law is? it is a fascinating exchange. she paid the price. >> the administration will be embroiled in legal battles. the 1952 law gives the president a lot of rights to suspend rights of immigrants. then you look at religion. is that what this ban is? the white house says no. the aclu says yes. two weekend of the trump administration and countries around the world taking issue in the streets. is this cleaning house or are they under estimating how the push back they will get? >> i think this is the new
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normal. we keep expecting something to change. nothing changes. both of the scenarios you layout are true. they did under estimate the reactions. clearly the introduction of the new immigration policy -- they did not expect the kind of push back they got. i think we will be living like this for a while. >> we are supposed to have a supreme court nominee tonight at 8:00 p.m. we would spend the entire day who they would be and what the democrats would do. >> we could have gotten a month from that discussion. now lucky to get half an hour. >> i want to raise the question. this is something that goes back to the 1970s. >> not a television network. this is the state department. >> for diplomats to voice disagreement on things. dozens of them did just that. there was a very interesting reaction from the white house press secretary about people who disagree. specifically on the memo.
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listen. >> i think they should get with the program or they can go. hold on. hold on. this is about the safety of america. it is the number one duty as it should be with any leader to keep our people and institutions safe from attack. if somebody has a problem with that agenda, then they that does call into question if they should continue in that post. >> get on board or get out. >> you know, in an organization like the state department, the same is true with the cia and other agencies that deal with foreign policy. you need free flow of information. if someone says no, i think we are making a mistake, you want them to speak up in a safe and free manner. i think that is dangerous stuff. >> it is fascinating to say the least. that is the overused word. >> we may get a judge or something tonight. >> we'll keep an eye on that. >> the most important job of the president to keep the country
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safe and appoint supreme court justi justices. the confusion of the travel ban stoking issue on wall street. the dow tumbled since the election. futures are down again. the growing fear here is divisions between republicans could stall the number one goal of investors promise of lower tax rates. in the meeting monday, the president brushed aside criticism of the rally he started. sgllt stock market has gone up massively since the election. everyone says the market will go down. the smart people know me. the business people know me. they know what i'm about. the market went massively up. in fact, when i was elected, a lot of smart people went out and bought a lot of stock. they have been rewarded. >> remember the call during the campaign. he said he was not a stock guy.
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a third straight day of protests across the u.s. and europe against donald trump's travel ban. officials overseas scrambling to cl clarify the executive order for
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citizens with dual nationality. we have cnn's nina dos santos with the latest. nina, clarity is hard to come by. >> reporter: clarity is hard to come by, george, but confusion and concern is the order of the day across many european capitals. here in the united kingdom. dual nationality citizens guaranteed they will travel to the united states as per statement that boris johnson, the foreign secretary of state made in the house of commons yesterday. across other capital cities like berlin and paris, officials are still trying to understand exactly what it means for the citizens who hold one of the several passports. in france, citizens who have french nationalities and dual national with one of the countries are told to contact the american embassy in paris for clarification. for germany, citizens are told don't travel to the united states and don't apply for a
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visa. despite the uk is a country that is exempt from the travel ban, george, it is not exempt from the protests. thousands of people taking to the streets right here in the uk houses of parliament and down the street outside 10 downing street where the prime minister resides to voice the travel ban and the prime minister theresa may being urged to disinvite donald trump. they will have to start debating in the house of commons. it gathered so many signatures on the petition to urge theresa may to rethink the offer of the state visit she extended to donald trump a week ago. >> protests on theies coming ou countries speaking out. nina, thank you. >> we have not heard companies talk so much about values ever in my career. remarkable. 47 minutes past the hour.
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countdown to super bowl vl is on. the festivities started with opening night. >> how about that? andy scholes was at the event in houston. home state of texas has more on the bleacher report. the atlanta hawks -- falcons. that's my pick. >> george, last night's event was at minute maid park where the astros play. there were characters at media day. there were lots of media. over 1,000 media members on hand for the event. among them peyton and eli manning's brother in a dollar suit. and as for tom brady, he was creeping everyone out. and speaking of tom brady, he had the biggest crowd of media
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around him. brady got emotional when he was asked by a 7-year-old reporter who his hero is. >> who is my hero? that's a great question. well, i think my dad is my hero because he is someone i look up to every day. and -- my dad. >> you don't see that often from tom brady. as for the falcons. their signal caller with the biggest crowd. i dove into the matt ryan mosh pit. i asked when he was playing for boston college he was sitting on his couch and someone asked him what he would have said if someone told him he would go up against tom brady in the super bowl. >> obviously it is something i dreamed about and worked toward my entire life.
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would i hope for that opportunity? now it is here, it will be fun. tom's been awesome to get to know. he is support istive. we exchanged text messages back and forth a bit. i think all quarterbacks, younger guys, have looked up to tom throughout the careers. >> guys, the falcons had a moment of panic last night. kyle shanahan was doing interviews and he is mhe mispla backpack for a half hour. it had the offense game plan for the super bowl in it. the falcons were in mad panic for a half hour. a reporter walked off with it by exte accident and returned it. can you imagine if that went missing this morning? >> that is something. >> andy scholes, thank you. he is having fun. the trump stock market rally hit a speed bump monday. will we see more losses?
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welcome back. the trump administration reinstating the cia director to the national security council. the move aimed at quashing the fire storm in washington when the president appointed steve bannon as a regular committee member. trump administration has requested a closed-door meeting with the united nations security council after iran conducted a medium range missile test over the weekend. bob corker, chairman the senate foreign relations committee, called the launch a violation of u.s. commitments.
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a major shift, the boy scouts of america will begin accepting members based on the gender with which they identify. opening the door for transgender boys to join. boy scouts will no longer require birth certificates to identify eligibility. let's get a check on cnn money stream. the test for the stock market today. the trump rally. maybe donald trump himself. futures are lower. the biggest drop since the election. investors worrying that tax cuts may be delayed. maybe that is not the first priority. the problems with the republican party can slow down tax reform. you see how global markets are here. it is a huge week for wall street. the up coming supreme court pick will reveal his priorities. the federal reserve starts a
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two-day policy meeting today. a rate hike is not expected. expect clues on the timing of the next move. hundreds of companies report earnings. exxon to apple. finally the first jobs report in the trump presidency is friday. how will the trump administration react to the numbers? it blasted them as fake and phony and misleading in the past. today is the last day to sign up for obamacare. if you missed this deadline, you likely cannot get coverage for 2017. the penalty this year is $695 for not have insurance. so far 11 million people have signed up. that is up from this time last year. the final days are crucial for attracting younger and healthy consumers. that is a problem for the program. the department of health and human services last week pulled the final $5 million in advertising. this is advertising promoting the end of open enrollment. getting people up to speed on what they need to do.
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advocates and insurers said that was a bad move. president trump and republicans started the process of repealing obamacare, but this is important. the program will continue this year and possibly next. the law is still in place. you need to have insurance. if you don't, you will be fined up to $695. that comes off your income tax return. you need to go and enroll. don't assume you have insurance. if you are uninsured, go do that. thanks for joining us. i'm christine romans. >> i'm george howell. we have to wish christine romans a happy birthday. >> thank you. 29 is fine. >> "new day" starts right now. >> the american dream is back. >> he fired acting attorney general because she disagreed with executive order. >> this will give the democrats an excuse for trying to delay the sessions nomination.
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>> executive order as a ban on muslims. >> you don't know when the next threat is coming. >> the former president is encouraging people to go into the streets because trump has obstructed american principles. >> mr. president, i'm not trying to start world war iii. i'm trying to win the war we're in. >> this is "new day" with chris cuomo and alisyn camerota. >> welcome to "new day." it is tuesday, january 31st. 6:00 in the east. up first, welcome to the new normal. trump dug himself in on controversial positions and tension with his party and allys in the the president sending a hand-delivered letter to the acting attorney general firing her for refusing to defend his travel ban, shortly after a new acting ag was sworn in promising
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to quote defend the lawful orders of our president. plus the trump administration naming a new acting i.c.e. director. >> it's been a stunning 12 hours and the next 12 hours will also be action packed. mr. trump preparing a prime time announcement tonight for his supreme court pick. all of this as the president enters his 12th day in office. we have every angle covered, starting with news from the white house. >> it has been an extraordinary series of event overnight. once again, this administration shaken by this. there are republicans this morning wondering why the president did not hold off until he had his attorney general in place to sign this executive order in the first place, which would have avoided all of this. all of this is what democrats are calling a monday night

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