tv CNN Tonight With Don Lemon CNN March 15, 2017 8:00pm-9:01pm PDT
supreme court. and new information about the infamous wiretapping claims. president trump says he got his information from watching tv. not from any of the 17 agencies of the u.s. intelligence community. get to mark preston. stephanie -- original travel ban a debacle, overturned by court. now attempt two blocked before it takes effect. black eye for the white house. >> bad 12 hours. given it started at 11:00 a.m. when we heard the house intelligence committee chairman come out and say he has seen no evidence as of yet that trump tower was wiretapped and saw jeff sessions attorney general say he has never briefed him. travel ban right now we all thought would get through. fact of the matter is, hasn't
gotten through. difficult time for the white house. >> and according to the judge, in part because of the administration's own words. president and people in his administration. get to jessica. does the judge's decision indicate he believes this is muslim ban that violates the first amendment? >> entire ruling, narrowly focused and all about the intent of the trump administration. specifically said it was that intent to create a muslim ban that violated constitution's establishment clause. went into it quite particularly throughout the opinion. pointed to several instances specifically saying that president trump's own words on the campaign trail, fact that then-candidate trump released a press release, advocated the complete shutdown of muslims entering the united states. even rudy giuliani's comments where he said president trump
consulted him to ask him how to make the muslim ban air-tight and legal. thrust of the opinion. judge relying pretty much solely on the intent. be interesting to see it play out as case moves forward and challenged perhaps in the ninth circuit. does it matter what the intent is when in the four corners of the document, nothing about religious test or muslim ban is written? can you go to outside statements made months ago in the course of the campaign? could be a big issue moving forward. >> stephanie specifically from donald trump. march 16th, 2016, candidate then. i think islam hates us. july 16th, people so upset when i used the word muslim. i'm okay with that, talking about territory instead of
muslim and rudy giuliani, trump supporter says when mr. trump first announced it, he said muslim ban, called me up. show me the right way to do it legally. february of 2017 trump adviser stephen miller says this on fox news. >> well one of the big differences you're going to see in the executive order is it's going to be responsive to the judicial ruling which didn't exist previously. mostly minor technical differences, fundamentally still going to have the same basic policy outcome for the country but going to be responsive to lot of technical issues brought up by the court. those will be addressed. but in terms of protecting the country those basic policies will still be in effect. >> looks like strongest arguments for blocking the ban came from the president and his own associates. >> and i have to tell you don, i was inside the federal court today listening to judge
pressing plaintives and lawyers representing the department of justice. something he was asking. should we look at this in vacuum and not context? pressing that question to the lawyer from the department of justice. what was interesting is lawyer's take on that was these comments were made by a private citizen running for president, not the man who became president, is in the office now, therefore should not be ruled in that context, considered in that context. very interesting. but the judge did ask about that specific moment there. what they're saying, take-away here is that it's not just about what is in the four corners of the document as they put it, but the context of it. look at context how it was done and document that came from the lawyers for the department of justice, fact it had such neutrality after the first document and heard surrogates speaking the way they were in the media, saying that's the reason probably why this judge
ruled this was not right way for this to go and ruled for temporary restraining order. >> president responded tonight. watch this. >> judge has just blocked our executive order on travel and refugees coming into our country from certain countries. the order he blocked was a watered down version of the first order that was also blocked by another judge. and should have never been blocked to start with. this is, in the opinion of many, an unprecedented judicial overreach. >> so judicial overreach jessica -- the watered down version is the part that also got him into trouble. exactly what the attorney said,
watered down version of the first one. is this judicial overreach? >> lot of people are wondering that don and could be a point of contention moving forward in this. lot of people saying should we look to intent as stephanie mentioned, intent of someone not even president at the time, making campaign statements. point out something interesting though as all of this was unfolding in hawaii and looking at cases tonight, interesting opinion came out from the ninth circuit tonight. as you remember they upheld the temporary restraining order way back in february and likely will be the court where the next step in the legal fight goes. and they didn't have to issue this opinion tonight. they shouldn't have because it's moot point. nothing is before them. but judges on the circuit court issued an opinion, kind of arguing about this. five of the judges, republican
appointed, talked about -- alluded to this idea of judicial overreach. just read something quick. wrote whatever we as individuals may feel about the president or executive order, the president's decision was well within the power of the presidency. and continued to say the panel's errors, ninth circuit, were many and obvious. they definitely thought there was judicial overreach both at ninth circuit level, panel, and other federal courts and federal judges. that's the big battle here. how far can they go? and this is going to play out as we continue to move forward, potentially ending at supreme court. >> talk more about that with the next guests. thank you panel. federal judges in washington and maryland also considering charges against the ban. hawaii restraining order takes effect nationwide. before your case, what is is your reaction to this decision
in hawaii? >> well i'm pleased with it. it's right in line with what we've asked the court for. joined state of washington attorney general bob ferguson's lawsuit. two suits very similar. same relief requested. and fact that judge in hawaii grant granted nationwide relief is good. we're pleased. what we were asking for. i think probably see the case move up to ninth circuit from there instead of other district courts rule on the same issues and motion. >> let's get to maryland's case against the travel ban. before a court. what does this mean for your case? >> i think it's good for our case. judge watson has given relief to hawaii and rest of the country that we've been asking for with state of washington, california, new york, massachusetts.
we have achieved what we want to achieved through the good work of attorney general doug chen in hawaii. >> discuss now, speaking with jessica schneider and stephanie elam and mark preston. president is angered by the defeat of the ban. insists it's judicial overreach to block it. and this ban is essential to protect americans. what is your response to that? >> the -- i think what you've got here is a great example of executive overreach. the judges have been doing their job. and it's not just one judge. it's six or seven judges that have all said that first muslim ban was violation of the first amendment. now the second one is as well. and it's very clear. i mean, donald trump's problem
is what he himself has said. he's described this as muslim ban. described it as candidate as muslim ban. asked rudy giuliani to dress it up to not look like muzz lslim but still is. >> you think the comments are relevant? >> do. and think the comment tonight he just watered down the executive or the is additional proof if anybody needed it that what we're talking about is muslim ban barred by the first amendment. >> what do you think of the ninth circuit judges giving opinion tonight, offering different opinion? >> haven't seen that or had a chance to read it. ninth circuit has already ruled that first executive order was violation of the first amendment. i would be surprised if it changed course.
>> brian frosh, thank you. >> thanks for having me don. >> when we come back, what donald trump says now about his wiretapping claims and where he says he got his information. . s looks delicious, huh? -yeah. -richard, try to control yourself. -i can't help it. -and how about that aroma? -love that aroma! umph! -craveability, approved! -oh, can i have some now?! -sure! help yourself. -wait, what? -irresistibly planters.
flattery, paige potato and alan dershowitz. john start with you, get your reaction to the ruling. administration's comments in recent weeks and over the course of the campaign, used against them in this case. and state notes on february 21st, stephen miller told fox news that travel ban would have same effect as old one. how much of impact did they have on the new one? >> i think substantial. also no reason to believe any of the states present any danger and trump saying we have to write rules. what have they been doing? sitting on hands doing nothing this whole time. our dear colleague alan dershowitz i think hopes will security israel and powerful argument. but argument that we've established religion in the fashion for this ban
specifically against muslim. s what happens if iranian national goes to switzerland and comes to america? not protected against that. >> why misquoting me? >> i heard you say it 20 minutes ago. >> you're lying through your teeth. never said a word about israel. when you focus on making -- >> but it's your bias. i think it's what you believe. >> raises your questions about bias. get to the point. keep your mouth shut. >> john let him finish. >> don't confuse constitutionality with bad policy. i don't like this policy. i don't like this order. but i am constitutional analyst. and i know the establishment clause cases and cases that relate to national origin. i'm telling you that i believe this presents a very tough case for the supreme court. because it's the first case in which the supreme court has been
asked to take into account what a political figure said while running for office and use that to interpret the words of a statute. if you take this decision to logical conclusion, means that very same words used by barack obama, who with as well intentioned would be upheld as constitutional and very same words used by donald trump would be struck down as unconstitutional. presents difficult and complex issue. let's stick to the merits of this argument. >> respond to the merits please john. >> sure. presently alan despite. >> go ahead john. >> despite what your honest belief is about the law, we have a number of district courts and ninth circuit court of appeals so convincing to the administration they didn't have nerve to appeal to the supreme court. and perhaps one of the reasons is because they were attacking the institution. and i wonder if supreme court justice robert.
>> i agree. what does it have to do with israel. why in bigoted background do you have to bring in israel to attack and criticize me. >> i'm not attacking you. i believe that's the reason you're taking the position you are. >> now bigotry is really showing. questioning my -- >> i support israel as well but don't think the ban will help israel. >> you can't believe anything i say because i'm jew and zionist. >> that's not what i'm saying. >> shame on you, never want to be on the show with -- >> let's move on. >> didn't you say the judges were biased -- >> let's move on. settle this later. that part of it. okay. so paige. read part of the ruling and get your reaction on it. it says illogic of the government's contentions is palpable. notion that one can dmoengs animus towards any group of people only by targeting all of them at once is fundamentally
flawed. what do you think of the argument? >> i think it's exactly correct. can have a muslim ban even targeted to one individual. don't have to target all muslims but have to agree somewhat to what alan said. i was very critical of the first ban, i clearly said it was muslim ban and unconstitutional. this new travel ban is different. i think administration did address some of the deficiencies in the due process area and nothing on the face that discriminates against muslims. not at all confident as it plays out we'll see discrimination but do somewhat agree with the order from hawaii. >> one of the things asserts, administration changed executive order but not enough to appease the court. president even tonight said its watered down version. is he not helping his case?
>> doubling down. there's two ways to look at it. legal way, most important way, but we've heard from the president saying he's going to take it to the supreme court. but also the use of language in many ways and how he in my opinion has been reckless in how he's said some things. this was said before he was president of the united states. that's what they're basing a lot of this on. but fact of the matter is, we have seen this recklessness or carelessness that the president has either said verbally or used on twitter to actually say things. it is coming back to haunt him and we're seeing that happen here. >> i want to turn to russia now gentlemen. president trump addressing the wiretapping claims tonight. >> i read in i think january 20th, "new york times" article talking about wiretapping. there was article, i think they used exact term. read other things, watched your
friend bret baier, the day previous, where he was talking about certain very complex sets of things happening. and wiretapping. and i said wait a minute, there's a lot of wiretapping being talked about. i've been seeing a lot of things. for the most part i'm not going to discuss it because we have it before the committee and we will be submitting things before the committee very soon that hasn't been submitted as of yet. but it's potentially a very serious situation. wiretap covers a lot of different things. i think you're going to find a lot of interesting items coming to the forefront over of the next two weeks. >> alan, what would you consider acceptable evidence here? >> i think he's backing away. i think the president is saying didn't have evidence, heard on tv, read it here. i think ultimately he's going to have to say, when i said it, honestly believed may have been the target of wiretapping but
there is no evidence so i have to accept as true there was no wiretapping. if there was wiretap order we'd know about it by this time. it's simple thing to uncover. national security, wiretapping improper, may never find out about it. but clearly the president misspoke. i think he has to eventually acknowledge he misspoke. his misspeaking gon gotten him into deeper trouble, now investigations there wouldn't have been previously and in the end i think come up with nothing and will be embarrassment to the administration. >> last part is perfect segue to the next question. wondering if any scenario where it plays out well for president trump. if he's right, enough suspicion to put campaign under investigation and if wrong compared former president to nixon and water gt. >> i think one way come out
well, if there's no warrant and wiretapping he's referring to curd and was illegal. but absolutely no evidence to suggest that whatsoever. but concerns me we're having to rely on trump administration justice department to produce the evidence that trump says is there. i really wonder who is in charge at this point? comey not said much, sessions recused himself. concerned not getting the transparence we need out of the justice department? >> john any scenario of it playing out well? >> no. and i don't know if others feel the same way but makes me feel like kardashian tv reality show without the ethics. say one thing one week and next week change what they have to say. when i was younger, show "laugh-in" and guy come in, contradict him, make up another
lie. this is real. reality tv in our government and very discretion. i don't think he'll ever admit he misled it. i just don't think he'll did that. >> i know in the heat of the moment say things we don't necessarily mean. i love all of you gentlemen. anyone here like to apologize about what they said or taken out of context? >> i love alan. been a hero of mine since i was younger man. i have trouble understanding you alan in connection with this argument about the appeal and i think that what i heard you say is that you would hope that something would take this ban away, you don't support it. on the other hand you believe it's flawed constitutionally. we have honest disagreement about that. >> what is inconsistent about that? lot of things i wish weren't passed by congress and wish
overrule them but not constitutional. very common. discussed in law school all the time. only criticism is raised issue of israel and questioned my motives because i'm jew who supports israel. >> i support israel too. earlier i heard you say you thought the judges might be biased and i understand that as litigant over the years. you can't believe our advocacy isn't flawless and people should follow what you say. >> we'll leave it at that for now. thank you gentlemen. thank you all. next, president trump visits home of oval office predecessor, may be surprised to hear what they have in common. i'm phil mickelson, pro golfer. my psoriatic arthritis caused joint pain. just like my moderate to severe rheumatoid arthritis.
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two big setbacks. revised travel ban already blocked. on round two through the courts and difficulty getting own party behind him on the obamacare replacement plan. is this unprecedented? >> it's a lot out of the box like this but unsurprising. very unconventional president who has made broad promises, particularly on the health care front without a great deal of attention to the details. having it filled in that way creates a situation where he wants big reform but doesn't have anything really specific to fight for. that puts him at mercy to some extent of speaker ryan in this case. interestingly, ryan seems to be stuck between the right and the left here. got a freedom caucus that doesn't believe this is repeal of obamacare, fundamental tenet
for the base. and obviously the other side which wants to keep the health care act of '09, and a president who wants action but is not particularly devoted to any particular course. >> and i would say you're the expert out of the two of us on andrew jackson. the president toured andrew jackson's grave today. you wrote a book on it after all. we know he's a fan. portrait of jackson hanging in the oval office. held a rally shortly after. look at this. >> just dpram a tour of andrew jackson's home to mark the 250th anniversary of his birth. jackson's life was devoted to one a very crucial principle, he understood that real leadership
means putting america first. >> there is a populist connection between these two men. because jackson had a complicated legacy as well correct? >> oh, yeah. trump has embraced jackson. it's largely a postelection phenomena, popped up with steve bannon talking about the historical precedents for trump, hung the portrait in the oval office, also one of jefferson. jackson was the first of his kind as a president. first six presidents either virginia planters or adamses from massachusetts. jackson came from the lowest rungs of white society in the colonial era. unconventional figure. believed in putting interests in the many as it was defined them, largely propertied white people, as opposed to the few,
establishment, largely embodied by john quincy adams. there are important differences as well. jackson was experienced politician. had been a lawyer, judge, prosecutor, senator, general. had won the popular vote in 1824 but lost it in the house of representatives. came back and ran in 1828. and he was more schooled in public affairs than mr. trump is. >> general right? had been a general. >> and won the battle of new orleans, agin core-like victory. massive victory that -- the revolution in many ways. didn't know the war was over. twitter had not come to the country. yet. >> you have open letter that you wrote to president trump ahead of his trip to visit president jackson's home and said --
compromise was essential if little remarked jacksonian virtue. there is anxiety mr. trump you're too enamored of your political base, that your tweets and your energy are directed toward motivating only those who already agree with you. we're all americans still, sir, lead all of us, jackson did. you can too. is there any sign he wants to lead all of us, heed our advice? >> are you suggesting this letter didn't have desired effect? instant behavioral change? there's not a lot of sign, little evidence of the president is willing to reach out beyond his base and that's one of the most troubling things for lot of people. jackson was difficult figure. complicit in two original sins
of american life, african-american slavery and native american removal. but important in the democratic, lower case d formation of the democracy. first person from outside the establishment to come into the presidency, and he did believe in the virtus of the union. faced down south carolina over a question of federal power and supremacy of the federal government. gave us extra 30 years to form what lincoln would call the better angels of our nature, the mystic chords of the union. not to deaify jackson, believe me. but he was a figure in part because his family wiped out in the revolution. mother died tending to wounded. brothers died. he had been a prisoner of war in the revolution. he believed his family's blood
had in many ways sanctified the union so for keeping us together to be one great family as he put it. could disagree viciously and violently but had to be in the same house. and i think there's been very few pieces of evidence that would suggest that president trump has the same kind of vision, jacksonian vision that lincoln would later fulfill, that a house divided can't stand. right now for trump, house divided is his base. >> interesting moment. i don't know if you saw it, curator explaining to him at jackson home that jackson subscribed to 18 newspapers and make notes on what he agreed or disagreed. president trump said he knew the feeling. we know he sends back handwritten angry notes to reporters. what do you make of the
connection? >> no president has ever loved the press. >> say that again. he thinks he's only one. >> it's like miranda in "the tempest" brave new world, and president says new to thee. when new to the presidency, feels like this is the first time there's been criticism. feels as though if only the world understood you and what you were trying to do, world would be a kinder and gentler place, to quote bush 41. but this is a perennial force. thomas jefferson, third president, had the sally hemmings story published while he was president. john adams passed alien and sedition acts to arrest journalists -- probably shouldn't mention this, might get picked up in the white house. to actually imprison people who
had access to the press. >> don't want to mention that. >> roundup is coming. >> got to go or can't get other guests on. that's why you're historian, you've forgotten more than most people know about the subject. jon meacham, appreciate having you on. thank you sir. appreciate it. >> thanks don. coming back, even members of president trump's own party say they don't have any evidence of infamous wiretapping claims. ...only allstate sends you a bonus check for every six months you're accident free. silence. it's good to be in, good hands. bp engineered a fleet of 32 brand new ships with advanced technology, so we can make sure oil and gas get where they need to go safely. because safety is never being satisfied. and always working to be better.
today president trump breaks his silence about the infamous wiretapping accusations saying wiretap covers a lot of different things. congress is complaining they still haven't seen any evidence. manu raju with more. >> earlier today james comey, fbi director met with two leaders of the senate judiciary committee, diane feinstein and -- from iowa. after the meeting senator feinstein asked have you seen
any evidence of wiretapping? she said no. she's not alone. talked to intelligence committee chairman richard burr, also has yet to see any evidence to support president trump's claims that barack obama ordered wiretaps and surveillance of trump tower. richard burr is not alone. >> reporter: today members of trump's own party openly challenging his claim that trump tower had been wiretapped under the orders of president obama. >> we don't have evidence that took place. i don't believe in the last week of time, people we've talked t , i don't believe there was actual tap of trump tower. >> reporter: and senator graham. >> may be no there there. but simple question. >> reporter: answer no? >> i believe it to be. longer they take to get back to
me, more concerned i am and builds suspicion. what is taking so long. >> reporter: comes as fbi director james comey privately briefs senators about ongoing investigations. chairman is holding up key confirmation of top official until he gets more answers. >> i expect people to respond according to what they told me. in this particular instance we were not given the respect that the constitutional gives us of oversight of the executive branch of government. so that's very irritating. >> reporter: house intelligence committee calling on the justice department to immediately provide any information to support president trump's allegations made in saturday morning tweet storm 11 days ago. >> president obama wouldn't physically wiretap trump tower. enough to to decide if you take the tweets literally, clearly
the president is wrong. if you're not going to take the tweets literally and there is a concern that the president has about other people, surveillance activities looking at him or his associates appropriately or inappropriately, we want to find that out. >> but nunez and top democrat in the committee adam schiff disagree on one key thing, whether inappropriate contact with russians meddling in the elections. >> do wuf any efz? >> not i'm aware of. >> i wouldn't answer as categorically as colleague. >> answer is no. >> reporter: attorney general today said he never gave the president any evidence or reason to believe he had been wiretapped by obama administration. >> i have recused myself. not talking to the president or people investigating the case and unable to comment on any of
the details. >> reporter: there was expectation today that james comey was actually going to confirm one way or another whether or not the fbi is investigating the issue of trump campaign contacts with russian officials during the presidential election. that was the result of conversation that senator sheldon white house had with james comey in private meeting according to white house. de deadline earlier today. didn't answer the questions but did say would respond to him and senator lindsey graham as early as next week in classified letter addressing their questions which includes there f there's any evidence and what it is to support the wiretapping claims. tonight the senators are concerned it's in classified setting which means the public may not know the answers to the questions raised to the fbi.
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nothing funny about our politics these days, but you are about to be proved wrong. this is cnn's history of comedy. >> mcconnick is the person who pulls back the curtain to show the world. we didn't make this up. this is not a funny idea. this is happening. >> the constitution is not a star in super mario brothers. it doesn't make you invincible so you can do whatever the [ bleep ] you want. >> you teach us about things we should know about. it's embarrassing to have someone explain how health care works. >> it's less than ideal. >> i'm so glad they beat that. i was worried. someone who was all over the history of comedy. are you funny? host of the united states of america. they claim that as my job. yes. i am funny.
>> that was john oliver. do you think late night comedians are not just using news headlines for inseparation and are they helping to influence the headlines? >> some people, you are like the news doesn't do it for them the way they wanted it to. they learned they could put out their own version of the news. whether they like it or not, they go to it for the news. >> a couple of years ago, they did a segment and i was on a beach in florida and they brought over a budweiser and they said we love you. we saw you on the daily show. i take your point and i'm not offended by it. >> yeah. this is creating a controversy
and a mock execution of a clown called ronald clump. dressed as president trump. >> calling it a mox execution is harsh. it's a sat ire of clowns and turns the world into a clown culture. it is provocative. he wants to smoke weed and coach his kids's football teams. trump has created so much news and controverciy that it brought him into politics. if hip hop comes in, it's a big deal. >> i had no problem with it. >> he was trying to be provocative. i get that and i'm not trying to defend that. again, the biggest problem that trump has is it's a good song.
you will be listening to that a lot. that's the biggest problem. this song is good. >> i haven't concerned about presidents being assassinated, but someone imitating the president and that's all fine and common. this is a director of jesse's statement and that said in part and i learned that in your face art and this is audacious and gutsy and provoking in in no way do we condone violence and brutality. they can demand answers and hold our leaders to the highest standards. do you think that's fair. the gun didn't shoot. it said beige at the end. >> a lot of people are reading the headline and it's clearly all the sat ire and no one is getting killed. snoop dogg comes out of that, but this is not a gangster wrap
video. i agree with it. it is meant to be provocative and donald is the character smoking weed. it is not actually the execution. >> can you imagine the outcry it would be if snoop dogg's failing career and all had aimed and fired a gun at president obama. jail time. >> for all we know, he is aiming at donald trump. obama dealt with this all the time. what's more eventive. what's more offensive? donald trump standing on the floor or saying you lied to obama? on the present, i have watched the comedy central roast of donald trump recently and it was a little weird to watch it. snoop dogg is one of the
roasters and said much nastier things about then private citizen trump and he said about president trump in that video. the gun thing bothered me, but the others didn't. i have to run. always a pleasure to you have. you are one of the comedians being interviewed. thank you very much. turning news into laughs and you can see it 10:00 p.m. that is it for us tonight. we will see you right back here tomorrow. announcer: get on your feet for the nastiest bull in the state of texas. ♪ ♪
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