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tv   New Day  CNN  March 16, 2017 3:00am-4:01am PDT

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mr. trump calling it unprecedented judicial overreach vows to appeal to the supreme court. >> we will see that is what they said last time. this is coming as more trouble ahead for the president. the gop health care plan facing more opposition. all this as the first >> there is a lot going on. let's begin this morning with our justice reporter live for us in washington with the breaking details. not only did hawaii's federal judge block this but a second federal judge in maryland says this did not pass. what do you know? >> a second federal judge has blocked the president's new travel ban specifically section 2 of the new order that barred foreign nationals from six muslim majority countries from coming to the united states. and just like that federal judge
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in hawaii last night, the judge in maryland is squarely focused on the president's own words from the campaign trail. the record includes specific statements directly established. banning entry by citizens of specific predominantly muslim countries deemed to be dangerous. so once again squarely focused on the favoring of nonmuslims over muslims. at least according to the judges. we haven't heard anything from the justice department about the latest development. they plan to defend the hawaii decision in court and you can expect an appeal is on the way shortly. >> thank you for the breaking news. we appreciate it now. let's go to the white house. the president is blasting the ruling by the federal judge in hawaii calling it unprecedented. look last time he tweeted i'll
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see you in court and then last night he said we'll take this all the way to the supreme court. >> well, this is just deja vu for the white house and since coming from the courts the words matter t words of the president. the words of his aids seemingly coming back to haunt this administration again and again and once again setting up the possibility of a court fight that could go all the way to the supreme court. >> you don't think this was done by a judge for political reasons do you? no. this ruling makes us look weak. >> president trump talking tough in the face of another major blow to one of his key policy proposals. >> this is the opinion of many. an unprecedented judicial overreach. >> a federal judge in hawaii blocking the administration revised ban nationwide just hours before it was scheduled to
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take effect. ruling that the state had reasonable grounds to challenge the order as religious discrimination and pointing to the president's own words as proof. >> i think islam hates us. >> is there war between the west and radical islam. >> it's radical but it's very hard to define. it's hard to separate because you don't know who is who. >> the judge also citing statements from some of mr. trump's top advisers. >> he called me up and said put a commission together and show me the right way to do it legally. >> and policy adviser steven miller that argued the new ban would have the same imact as the old one also blokd by the courts. >> mostly minor technical differences. fundamentally you'll still have the same basic policy outcome from the country but there will be a lot of technical issues brought up by the court. >> arguing that the constitution grants him the power to suspend
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immigration when national security is concerned. >> this is a watered down version. i think we ought to go back to the first one and go all the way which is what i wanted to do in the first place. >> the set back comes as president trump unveils his first budget proposal. calling for a $54 billion increase in defense spending offset by massive cuts to the epa, state department, agriculture and labor departments. >> the president clearly juans to send a message to our allies and adversaries that this is a strong power administration. >> and that first budget blueprint from this administration said to be at the top of the next hour it's only a wish list right now but the president's budget director says it is a collection of his priorities as articulated on the campaign trail. >> appreciate it. two big news items. let's discuss. first that maryland ruling just happened moments ago and now
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doubles down on the hawaii ruling that stopped the order from going into effect last night. a great panel. david gregory. cnn political analyst and white house correspondent for the times and cnn political analyst and senior congressional correspondent for the washington examiner david drucker and former federal prosecutor. legislative intent looms large in both rulings. using the president's words against him versus analyzing the language of the executive order. what's going on here? >> it's something that i have never seen before chris. taking a president's words when he was candidate and using it to invalidate a law that is on its face, on the words not discriminatory against muslims it's a very unusual approach.
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both judges took it. i would be frankly very surprised if this ends up on appeal. this is just not something that court versus done. i can understand why they did it here but i just think that's not how most judges and most courts approach the executive order. there was also the judge in maryland doing the same thing. here's what the federal judge in hawaii wrote. it would conclude this was issued with a purpose to disfavor a particular religion in spite of it stated religiously neutral purpose. how do you see that playing out?
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>> i'm not sure his view of what a reasonable person would say is accurate and also that will be going through the 4th circuit court of appears so at this point i have to believe they'll say we're not going to redo the executive order again and sooner rather than later this has got to wind up before the supreme court because now you have the cases all over the country, this is why we have the supreme court to settle big questions where many lower courts are look at the issue. >> jeffrey you pipe in whenever you want and during the rest of the discussion if the intersection of politics and law is offensive to you but david gregory there's one difference in this order. you're going to hear a lot of people say this is exactly what palm balm did. it's the same countries and
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there's a fundamental difference the obama travel ban was about travel to those countries and was not a focus on the national origin itself. it was about who went there and the inability to track who went there and why they went there. do you think that's going to be a potential fundamental difference in terms of which one lives and which one dies? >> well on the law, the deference to the president on national security matters as i heard jeff describe this in the past probably holds sway attend of the day but that is an important difference because they were trying to close a loophole. if you were someone that had a british passport that you could exploit that loophole because of the close relationship from
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customs immigration point of view to get into the united states. i think the larger issue here is first of all there's going to be judicial review of the president's national security approach and two, is he trying to correct for the wrong problem that we don't have a stream of immigrants and refugees in the country that mean to do the united states harm and the premise that vetting is not good enough for refugees or immigrants is being challenged here from a political and policy perspective and that is still the major issue here that faces the administration. >> so one thing cited in this ruling is the comments from secretary kelly when he said we might add more countries. 13 or 14 additional countries. this justice saw that as
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undermining the need for this ban and six specific countries right now. that's an interesting argument we haven't heard. >> we haven't. this is why you're going to see the need for this to be heard at a higher level. you have these cases all over the country and they're not all saying the same thing. one thing i was struck by last night, what the president said last night at his rally i have to imagine is undermining to what his own administration is going to argue in terms of defending this ban. he said, you know, this is a watered down version and we should go back to the original one. steven millers own words saying essentially that. there were technical changes here. so yes it is unusual that you had that sitting president say something last night that could be much more problematic for
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him. >> we always default to the argument on the legal side of the executive privilege here that when it comes to keeping us safe with matters of immigration and national security the president deserves a broad path there however it is a qualified path in terms of meeting that standard of what it's about and this judge in maryland picked up on it. questions of national security. if there's a legitimate question of national security this judge says i don't know that there is one because this initial order wasn't done with contemplation of the security agencies. it's seen as being necessary for these countries but could be expanded past them which seems to show an indefinite threat. >> the question when you talk about national security is who decides. here you had this executive order introduced by the attorney general of the united states
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department of homeland security all of whom have vast resources devoted to determine whog ising threat against the united states. then judges that sit in their offices with three or four law clerks and they're going to say it's not really a threat to the united states now the executive branch must always abide by the constitution and here the judges said look we have a first amendment to the constitution with prohibits religious discrimination and that's what was violated here but usually the rule is deference to the executive branch when it comes to national security and that's going to continue to play out as it continues to move through all levels of the court. >> you probably expect him to read what he did last time.
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>> thanks for being patient. let me bring you in here. one thing is what the ninth circuit may have said. they said whatever we as individuals may feel about the executive order the president's decision was well within the powers of the presidency. that arguably could help. >> i think that's exactly right. national security decisions are left up to the executive branch and as long as the executive branch follows the constitution then the intent of the president shouldn't matter here. however this is another case where the president's own words are coming back to haunt him. so much of how the president's policies are perceived has to do with how he has chosen to describe them and that's something he has to get used to
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but here we have an interesting case and test for aadministration because unlike the first executive order when they didn't have an attorney general and they weren't prepared to actually function here they have a justice department and attorney general prepared to handle this and we'll see more support today which will be different than what we saw last time and that could have a huge effect on the politics of this and make it different than what we saw coming out of the last executive order. it will be what happens after they are here. >> that origin doesn't determine it. they're radicalized after they are here. >> a big morning of news up next. this debate over what they're going to do to replace obamacare. even paul ryan now conceding the gop bill as it stands cannot
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>> president trump breaking his nearly two week long silence in terms of big interviews about the wiretapping claim but he is not backing down. the president and house speaker paul ryan making a critical concession on the gop plan for facing balm care. she has all the developments on capitol hill. susan. >> good morning, chris, well, the current legislation in it's form has very few backers. it is not likely to go through the full house without some major reforms. it has two committees to go through today and rules committee next week but even house speaker paul ryan is no longer saying he believes this is going to pass without some changes. >> we're doing it a different way a complex way it's fine. the end result is phase 1, phase 2, phase 3. it's great. >> president trump attempting to
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call the house bill preliminary and acknowledging work needs to be done. >> we're going to have he negotiation. >> house speaker paul ryan also conceding that his plan must change to pass the house. >> now that we have our score from the cbo that's something we're waiting for. now we have room to make refinements. >> a significant retreat from the earlier position that the bill would fail if big changes were made. ryan briselling at the question of whether it would pass as is. >> it's not coming up this afternoon. it's going through the legislative process. that legislative process hasn't been finalized. that's a goofy question or false premise. >> they can only afford to lose a few republican votes.
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he believes he has enough votes to block the bill as trump's health secretary made the pitch directly to the american people at a cnn town hall last night. >> the new york times wrote about it. not that i respect the new york times. i call it the failing new york times. >> trying to redefine the meaning of wiretap. >> that covers surveillance and many other things and nobody ever talks about that fact a growing course of republicans rejecting the claim.
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>> i don't believe in the last week of time the people we talked to i don't think there was an actual tap of trump tower. >> this coming monday fbi director james comey will testify before the house intelligence committee as to whether or not he has any evidence that obama wiretapped trump tower. >> all right. thank you for the reporting. a lot to talk about with this health care plan. what's going to happen and also the budget dead on arrival. let's bring back our panel. maggie to you, look, paul ryan would not answer the question. >> of all the words that don't apply to jake tapper goofy would be high on the list. >> then he said i'll let them commit to the timing of whether they bring it to the floor next week. where do they go from here? you have 19 republicans opposed
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to it. >> there's a reason the speaker didn't want to answer that question and it's not a good answer for him. it's been clear for the last week and a half or so that there's a divide between where the white house is on how much change this bill can absorb and where paul ryan was and i think that you were seeing that the speaker is coming around to the realization that this is not going to work. the white house has not taken on the responsibility of judging along freedom caucus members the way the gop leadership in the house hoped they would so now we're in a wait and see. they all involve the president closing the deal on this. some people think they ought to cut and run and they need a legislative win. if they don't get it it will impact all kinds of things down
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the road. >> the ability to close on the deal is going to have to involve more than jazz this granular debate and what the system dos in health care. that's not trumps strength but they also have a fundamental problem. you have them saying we want a complete appeal. you can have this other and growing group that says i can't back something that doesn't keep these people covered. how do you serve both of those? >> well, that's very difficult and i think what's interesting is president trump didn't want to sweat the details on this and let paul ryan lead and you saw the factions developing among
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republicans in a way that lack discipline and real planning so out of the white house there are factions maybe we should cut and run on this and the truth is this is not where the president is coming from as a ideological and political matter president trump is not the conservative that paul ryan is. paul ryan has a definite view about what the government should and should not be doing in the health care economy and very definite views about whether health insurance is a fundamental right to the american people. so i'm curious how far the president will go to negotiate this. reading the accounts of what's happening on the hill, this is looking more positive and starting to grind it's way through and there's compromises being made on the legislation that could get it over the hump. the big political imperative is they have to get this done if
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they want to get on to tax reform which is a bigger priority at the end of the day for the president. it's a very difficult thing to take on. >> this is a lynch pin in the time line to get to the tax reform by august. in half an hour we're going to get the president's budget. the big time winner is going to be defense spending law enforcement et cetera and veterans affair. the losers will be the state department. 31% cut also labor department agriculture department, et cetera. can he get this through? >> no but it's always a wish list that comes out of the white house. for trump if you want to cut the budget in certain areas you come
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in with a huge number and then members of congress of course and we'll see this from republicans are going to say we don want to cut foreign aid that much but give trump a good baseline to start from and agree with him on hikes from military spending and the va and things like that and it's important to say this that everything really does ride on health care because this is the first time that paul ryan and donald trump have worked together on something real and it's going to include everything and that includes the legislating. some of this which is going to go through the senate and there's going to be fieging about that and whether they're able to come together and govern as a united republican party. >> it will be interesting to see how big of a blow that will loom in terms of their ability to work together. if you want to cut things, no
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entightmene enelme entitlements on the list. and that's going to be upsetting on the gop side. >> to david's point, these are not similar men in terms of the basic function of government. he was a big government guy. he spent a long time criticizing paul ryan as the 2012 vp nominee for his budget proposals previous to that so this is not a huge surprise. i'm not sure where this ends up but that is the president sticking to what he promised in the campaign. >> paul ryan's words yesterday, we are hand in glove with the white house. maybe on some things but not on that one. >> looking like glove across the face right now. >> a lawmaker at the center of the health care battle. joining us at 8:00 to tell yus he is concerned about the
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republicans plan to replace balm care. >> also coming up rex tillerson right now in tokyo. this is his first big trip abroad. he's in asia. what he's telling alabama lice about the nuclear threat from north korea, next. ement plan? start here. at fidelity, we let you know where you stand, so when it comes to your retirement plan, you'll always be absolutely...clear. it's your retirement. know where you stand.
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secretary of state rex tillerson addressing u.s. concerns right now on his trip to asia. he's meeting with shinzo abe. live in tokyo with more. >> we're certainly getting a sense of secretary tillerson's style. he likes things quick and concise with the japanese prime
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minister and foreign minister and got it all done and the lights went off and secretary tillerson moved on. that america needs a new approach after giving a billion dollars over the last 20 years to see the nuclear arsenal develop. he said the diplomatic policy has been a failure but didn't give any specifics about what the united states plans to do now. there's reporting that perhaps the u.s. could sanction chinese companies that do business in north korea. he said the state department will just have to do more and travel more efficiently. >> on the scene none the less.
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thank you very much. >> so president trump got no satisfaction on his wiretapping claims. another mysterious promise from the president. wait until what we see in two weeks. next. weeds. nature's boomerang. at roundup®, we know they keep coming back. draw the line. one spray of roundup® max control 365 kills weeds to the root and keeps 'em away for up to one year. roundup® max control 365. actually making your body feel better... that's exactly what tommie copper does for people everywhere. they call it "wearable wellness," and tommie copper has infused it into everything they do. why not experience the difference tommie copper can make in your life? go to, enter your e-mail to become part of the tommie copper community, and get 15% off your entire order, plus free shipping. life hurts, feel better.
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president trump doubling down on his claim of wiretapping by the obama white house in a new interview. take a listen to this. >> you're in charge of the agencies, every intelligence agency reports to you, why not immediately go to them and
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gather evidence to support that? >> because i don't want to do anything that's going to violate any strength of an agency. we have enough problems. >> a statement from the president that strains. comments come as top lawmakers are openly casting doubt on the allegations saying there's just no proof. let's bring back our panel. >> obviously just straight politics. i don't want to hurt one of our government agencies. he has done a lot of that. it's part of his strategy to delegitimize agencies of government that don't go along with him. other than the mystery promise of in a couple of weeks we heard that before when he was in a tight spot. what could come out that would change the disposition of the investigative agencies and the top lawmakers are saying there's nothing there. >> i don't even know how to address what he said it's so
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bizarre. no one said there's any evidence for what he said and he says well wiretap doesn't really mean wiretap and two weeks mystery facts will come out. there are no facts anywhere in the world that have come out so far that lend any credulity to what he has said. whenever he is caught in a tall tale he says that's when we'll know and then two weeks passed and no one follows up. >> we heard the most definitive statement yet for someone on a committee that's investigating this in the president's own party in the comments just yet.
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listen. >> evidence still remains the same we don't have evidence that that took place. i don't believe in the last week of time with the people we talked to, i don't believe there was an actual tap of trump tower. >> today i see no evidence that supports the claim that president trump made that his predecessor wiretapped he and his associates at trump tower. that's where we have seen no basis for that whatsoever. >> ranking members democrat and republicans and we see no evidence. how much longer can the white house go without giving any answers or evidence. >> i don't know how much longer the president can go. he had so many assertions that prove not to be true and we're waiting for follow up. where is the evidence about all the illegals voting in this
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election that he spromsing this big investigation on. i'm waiting for him to help o.j. simpson find the real killers. he worries about undercutting agencies. how about the president and his credibility and the word of the president of the united states. all of this matters and it matters when getting to the bottom of what russia is up to and what help if any there was from anybody in the trump orbit in the course of the election. that's something that he has a responsibility to worry about. not about undercutting his own legitimacy about whether it can happen again or in other countries or to a future candidate. that's what he is supposed to be safe guarding and his tweet i think strategically got us off of that central focus which is where investigators ought to be. >> well, he, again, we keep using this old expression, the bomb he set up for somebody else is going off on him. instead.
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but he likes this dynamic. he likes this. he likes to test that which he is criticized about. he did it with oh we'll see. there will be something that comes out with the russian hacks. he has fallen short on this several times and yet there is a good chance that something will come out about surveillance in general and how they got flynn while they were surveilling the russian ambassador and he can say that is what i meant. will that be enough. >> i think for domestic politics i think that will be enough in that these kind of episodes the president uses to strengthen his connection to the base and keep them doubting critics so everybody is always after him then you can't trust people that are critical of his policies and i think he uses situations like that to do that and to pretty good effect. now as david gregory pointed out what people around the world see
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as another matter and that is problematic. the word of the president of the united states is supposed to matter and other countries and foreign leaders could use this against him overtime saying you can't trust what the president says because he says all sorts of things. that gets us back to republicans and the people he's looking to to dend him and what i noticed in talking to them over the past month or so is they have gotten used to his twitter tirades and him being unconventional as they say but they are concerned about his credibility and the twitter, tweet storm about the wiretapping did concern them and if there's anybody that's not looking to undermine him. people might look at lindsey graham and say he never really liked the president but nunez adviced trumps transition and was a big fan of general flynn. >> do you see his face? this is a guy that came out in the beginning of this and said we're going to investigate let's see what it is. did you see his face yesterday? basically the thought bubble was
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why do i have to deal with this. >> right and it's not something he wants to deal with. i do think however we should continue to watch his investigation because they have been looking into how general flynn's comments and discussion with the russian ambassador ended up in public and it might have been illegally leaked to the public. >> go cougars. my son played varsity basketball there. i'm very proud. >> are you wearing a special tie this morning. >> no, i wear black because i'm in mourning on a regular basis. >> thank you all very much. coming up in our next hour the top democrat on the house intelligence committee. he'll join us to discuss all of this and more. >> the tournament field is set.
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credit karma. give yourself some credit. sorry about that. >> march madness finally upon us. the first round of the ncaa tournament starting in 5.5 hours but who is counting. andy has more in the bleacher report. who do you like in the first round? >> i picked arizona to win it all chris. going out on a limb a little bit
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but first round of the ncaa tournament is the best two days in sports. at least for me. 16 games today 16 games tomorrow everyone is into it with their bracket and companies across the lose about $4 billion during the tournament due to unproductive employees. now last night we had a good one. battling it out to advance in the first round. the trojans were down by 17. now a come back for the ages. would win 75-71. they're going to want to play smu on friday. and getting started later today. we have princeton and notre dame. it's 12:40 on tru tv. takes on butler at 1:30 on tnt and south dakota state tries to knockoff the top seed at 2. those are your early games. former president obama may no longer be in office but he's
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still filling out his march madness brackets near the obama foundation. he picked north carolina to win beating duke for the championship. he also has arizona and kansas in his final four. president trump respectfully declined to fill out a bracket this year. if you think you can pick a better bracket than all of us play with us. you have less than five hours to fill out the brackets so get to it. >> i know. i know. >> i thank you. >> his travel ban's future. that's what we're looking at this morning. two federal judges now arguing what he said before he was president matters a lot. that's next.
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president trump's own words on the campaign trail. two federal judges overnight citing the president's own
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comments. some of them here on cnn while he was campaigning making the case against his revised travel ban in the new rulings this morning. and cnn media analyst and offer of the war for late night. let me begin with you. those words when he said to anderson cooper i think islam hates us. those words and many more coming back to haunt him in these rulings. >> they have been cited by the judges. we have also seen recent interview from trump aids cited by the judges. he was on the interview circuit a few sunday mornings back. trump praised miller but it's been millers words used in the court briefs. >> legally this is going to get sticky because this is an extension of legislative intent but a counter argument is going to be so if this executive order is going to be written by obama
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that's okay so legally it's going to be something but is there a message in the messaging strategy of saying anything and it's okay all is forgiven with trump? is this a lesson and sometimes the words can come back. >> it is. he stays in campaign mode the whole time. now the words do matter. the words are being followed and they have impact. i don't know that he can control it though. you don't see him modifying himself very much. certainly the trump tower thing is an indication that got him in trouble. this is in his make up. >> he may have hurt himself more in the rally when he said this was a watered down version and that wasn't while he was a candidate. also i want your take on this interview. he has done very few but the ones he's done on fox just last night about how he talked to the american people.
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>> i think i wouldn't be here if it wasn't for twitter. i get such a fake press and dishonest press. i'm not including fox but if you look at cnn and these other networks, nbc, i made a fortune for nbc with the apprentice. and they are despicable. they're despicable in their coverage. cbs, abc, you take a look at what's going on i call it the fake press and the fake media and it's a disgrace. what's happening. >> i want to get this straight. if one makes money for a network that entity should not objectively cover that said person that happens to be commander and chief. what kind of logic is that. >> nbc is on the hook forever. it's a reflection of his business mind set. and now it's back in various
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ways. and when it benefits him. using the word wiretaps in quotes and it could mean many different things. actually he did quote the word wiretap once and didn't quote it twice to other times. he was trying to use a predictable language when it benefits him and at other times he is so loose with words. i noticed at his rally last night what he's doing is saying we will do this. we will do this. still talking like he is campaigning. >> look he didn't get chased about this last night. no surprise there. but he didn't put wiretapping in quotes all the time as brian is saying and he's using another device that will see if it pays off for him politically. basically a third of the country with these moves but a couple of weeks and in a couple of weeks stuff is going to come out. i want to get involved with government agencies.
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>> classify the information i learn more quickly than anybody else can and i don't want to hurt the government agencies. he has done nothing but attack them. >> what he is doing is he keeps pushing the decision further down thinking in between something will happen and usually he throws up something will happen and we can anticipate that. i think the tax thing was thrown off to try to push us off this. i'll be able to come one something. there's a through line. >> what did you say. >> there's a through line for all of these stories. whether it's rex tillerson traveling without his press corps. there's a through line when we see a budge line for the white house. and that will hurt pbs and
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there's a line when the president doesn't seek out information for the intelligence agency. >> thank you guys very much and thank you to all of our international viewers for joining us this morning. our breaking news coverage on the second time trump has tried to implemented the travel ban being shot down. that continues right now. this ruling makes us look week. >> the second federal judge blocked the federal's new travel ban. >> we juan to be free of obamacare completely. i will make health care better for you. the time for talk is over failure is not an option. >> our budget calls for one of the single largest increases. >> the budget takes the policy that president trump lays out and


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