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tv   New Day  CNN  March 17, 2017 4:00am-5:01am PDT

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elected to do. >> thank you. have a good weekend. >> thanks to you our international viewers for watching. for you cnn newsroom is next. for our u.s. viewers it's friday. new day continues. let's get after it. >> this is cnn break news. >> good morning, welcome to your new day. allison is off. poppy harlow is with me. we do have breaking news. secretary of state rex tillerson delivering a strong warning in asia. america's top diplomat says the u.s. is prepared to take military action against north korea if they continue to escalate their nuclear program. >> and this is all coming as the trump white house is distracted by the president's unproven wiretapping claims and battling resistance to his budget plan and to the republican health care plan which now may not have enough republican votes to make it through the house. a lot going on on this day 57 of the trump presidency. let's begin this hour. he is live with the breaking
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details on what the secretary of state said. >> well, it's no secret that north korea rapidly accelerated their missile and nuclear development program. the secretary of state rex tillerson went to the north korean border just this afternoon here in south korea and he returned to seoul just a short while ago saying that the security threats posed by north korea are no longer just a regional concern. they are a top security concern for the u.s. he said that old approaches have not worked. 20 years of approaches have not worked. it's time for a new policy toward north korea and he would not exclude the possibility of a military option being on the table. if north korea threatens u.s. or south korean forces on the peninsula there could be a military option. he also said if they continue to accelerate their nuclear and missile program to an extent that could threaten south korea that the military option would also be on the table.
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however he didn't say that other steps would be taken first. listen to this. >> the policy of strategic patience has ended. we're exploring a new range of diplomatic security and economic measures. all options are on the table. >> from here secretary tillerson will go on to beijing where he will be calling for china and other countries to fully enforce all sanctions against north korea as one means of trying to rachet down the threat that continues to be raised by north korea. u.s. intelligence officials have seen signs that they believe north korea is preparing for more missile tests and possibly another nuclear test. >> the u.s. needs china to play ball on the sanctions to have any sort of real effect. the north korean news all coming as the white house continues to angry defend the wiretapping claims. the controversy proving challenging for the president to focus on his agenda.
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our joe johns is live at the white house with that in a moment. >> good morning, poppy. the president appears to have a serious and growing credibility problem on this wiretapping issue and it's creating the situation on capitol hill where members of his own party have to challenge him and contradict him but the reaction in the briefing room so far has been to continue digging in. >> hold on. hold on. and i am trying to answer your question jonathan if you can calm down. >> white house press secretary sean spicer defiant and comb combative. >> he stands by it but you're mischaracterizing what happened today. >> angry defending the president's unsubstantiated claim that former president obama wire tapd phones at trump tower despite leaders from both parties saying there's no proof. >> we cleared that up. we've seen no evidence of that. >> spicer continuing to cite media reports to try to justify the president's baseless accusation. >> there's widespread reporting
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that throughout the 2016 election there was surveillance that was done on a variety of people. >> the leaders of the senate intelligence committee rejecting spicers claim in their strongest statement yet stating based on the evidence available to us we see no indications that trump tower was the subject of surveillance. the republican chair of the house intelligence committee saying the president's wiretapping claim is wrong. >> do you have any evidence to suggest that any incidental collection may have picked up donald trump's communications at all? do you have any evidence to suggest that? >> other than general flynn we don't. >> the ranking democrat on that committee expects fbi director james comey to debunk it when he testified on monday. >> there's no evidence of this at all. >> this as the trump administration confronts sharp criticism from fellow republicans over the budget proposal. >> we can't spend money on
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programs just because they sound good. >> congressman harold rogers deeming it careless and counter productive. marco rubio says proposed cuts to the state department undermine america's ability to keep our citizens safe. the budge aims to slash billions from government agencies to boost military spending hitting hard social services like after school programs for children and programs that feed the elderly. >> meals on wheels sounds great. that's a state decision to fund that and take the federal money and give it to the states and say look we're going to give you money for programs that don't work. i can't defend that anymore. >> meals on wheels is a wonderful program. it is one i would never vote to cut even one dollar. >> the white house also facing another sobering reality. the gop's health care bill may fall short of the votes needed to pass in the house. >> they have 21 republicans saying they will vote no or are leaning against it. house leadership can't afford to
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lose another vote. >> and we have another big day scheduled here at the white house. the president is hosting german chancellor angela merkel so there will be at least in theory an opportunity to ask president trump a question or two about the latest developments, chris. >> joe, appreciate it. joining us now is the republican congressman from wisconsin. it's good to have you as always. >> good to be with you. let's begin with this breaking news out of north korea. the idea of the secretary of state saying the era of strategic patience basically is over and that military options are on the table with north korea if they continue their nuclear ramp up. this is different than what we have heard in the past. how real should americans see the chance of an actual military exercise directed at north korea? >> i think we have to realize that there's a real threat from north korea. not only do they have nuclear weapons but they're advancing their ballistic missile
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technology not just to europe but if we wait much longer we make it to the u.s. this is a real threat to american security and we have to take it as such and discuss our options whether military strikes first are appropriate. i'm not going to go there. but we can't sit back and i they time will heal all rifts with north korea when they're a rogue radical regime that has nukes. >> if we're not going to do diplomacy anymore we have to have a line. anything short of an attack on the united states or an ally could you think of something that would trigger an actual military response? >> well, i think you find yourself in a situation where you have missiles and nuclear weapons. you're in real trouble and again they're not a rational set of folks and there's no diplomacy with them right now. it makes it really challenging and that's why it's important to address these issues in their
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infancy. the longer you wait like we have with north korea the harder it becomes to address these problems. so whether it's north korea and iran and their effort for nuclear weapons the longer you wait for radical individuals the harder it becomes to address concerns. >> once you go military there's no going back. let's switch to paradigm. we're going from a place where we have a lot of proof and we're trying to figure out the conclusion in korea to a situation where we have conclusion and not a lot of proof. let's put on the screen members of your party that have come forward to say listen we have been doing the research, we have been doing the investigating. there is no proof of what the president alleges. these are all top republicans. they're top democrats as well but top republicans within your own party and you saw what sean spicer did. he refused to own the status quo on this, why? >> well, first, i haven't seen any evidence that would back up the claim whether it was wiretap
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organize surveillance of trump tower. donald trump or colleagues. but the administration is coming out and saying we have evidence. i think they should show the evidence. let's see it. they're asking for a little bit more time and i normally give them some more time but if you have evidence that you have been surveilled let's see the story behind us. that's appropriate. >> here's why. i get why you would be patient. i get it and there's not necessarily a rush but i'm just saying why does this make sense to you? the man who can get the answer most quickly is the president of the united states. he has not done so. the answer he gave most recently is because he doesn't want to disrupt or cause trouble for a government agency. we have seen him do little but that when it serves his own purposes. do you believe that the white house has proof that they were surveilled during the campaign? >> i don't know that. i convenient that evidence but i do think the president -- >> i know you haven't seen the evidence. do you believe them? >> this is about credibility.
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again i haven't seen any evidence. here's what i haven't answered in that question. when sean spicer comes out so strongly yesterday, and donald trump hasn't walked his comment back it leads me to believe they may have something. i don't want to condemn them, yeah. >> 3 to 5 million voters that hasn't been walked back. the birther claims weren't walked back. but i mean, remember what it took to do that and that was a no brainer. and i'm saying you haven't seen this white house back off. this isn't cherry picking. it's leadership. and intelligence committee.
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i heard what committee members have made. and i am encouraging them this morning as i have other days. and focus on the economy and focus on tax cuts and that's what is key and that's why he was elected and stories like this and distract us from the real mission of making america great again. >> what would you do. >> you came out with something and you made a claim. you told people to look at it even though you can give tus answer yourself. it's looked at. no proof comes up. eventually what would you do? >> first i would make sure that i have the evidence and i would drop the evidence after i made the claims and we do have general flynn who did have his conversation surveilled with russia and the contents of the conversation was released. i brought this up before.
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a former congressman that got approval to have a conversation in syria and he was doing research on whether we should be going -- he's a political guy. should be engaging with libya and wanted research on what we should do. his conversation was surveilled and the contents of his conversation was released. i have a concern about what are intelligence communities doing with surveillance of americans and releasing that information publicly. that's absolutely wrong. that's a little bit different than donald trump. >> a little bit different. >> making a claim that he is surveilled. >> it's a little bit different. >> a little bit different than him saying donald trump wiretapped the tower. it's a little different. >> no it is different but my point is general flynn that was on the trump team was surveilled. >> you have to be careful. he was not wiretapped. there was no warrant out looking
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for flynn to our knowledge and the knowledge of all proof provided to leaders in your own party. he got caught up in surveillance of the russian ambassador and the bigger point is this. that's not what the president was talking about. you know that. >> have been talking about that. >> well, chris i'm acknowledging the difference. donald trump said we were surveilled but my point to you is very serious in that he only reports on it once. >> general flynn was surveilled and it's one thing to get caught up in the surveillance of the russians but to take that conversation and release it publicly and not mask the information and content of who the recipient of the russian conversation was which was general flynn it's concerning and we have to -- i want to give the intelligence community all kinds of power and assets to keep us safe because they do but when we use information they have on americans and like with general flynn all of a sudden it
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undermines their credibility. that's beyond the point of donald trump. donald trump should release what information he has about the surveillance of trump tower or donald trump himself and put the story behind him. a agree with you on that. >> talking about putting the story behind him. he has to own what he says. this whole literally seriously thing that time has passed. he's the president of the united states. everything he says matters. but just to be clear put those tweets back up again because i don't want to add to the misinformation going on here from donald trump. we have four tweets up there and i think in a couple of them there were quotes around it. the first one, two of them have quotes around wiretap. two do not. i would argue no but that's been made part of the state of play by the white house. what i'm saying is this, you make legitimate points about the privacy of american citizens and how our intelligence communities go about their work. those are not new questions. they're still important questions. the president wasn't talking
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about them ever in any context of this. this was about him and his people and barrack obama and arguably distracting from a story he didn't like and that's all politics. what is going on now is the problem. you have the white house press secretary gets into a hissy fit with the media with who proof. what's going to happen when we have to believe these people over something going on in north korea. that's the question congressman. >> you put up the tweets and i'd tell you whether you're wire tapg or surveilling, both are equally bad so i don't care about it. >> but he wasn't saying that and now there's still none -- >> your parson. >> i'm taking him at his word and giving him the benefit of his own alternative. >> just to be clear he never said surveillance. but even if, you know how in the law they always say that you're wrong in your main argument but even if you want to extent it to
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any type of anybody listening to you in anyway, any time, anywhere there's still no proof and it was never about what the intelligence community does. >> take a step back. if you want to put them in a box and go it's only wiretapping that's the only bad one because that's what he said in his tweet. we'll also say if your wiretapping or surveilling the president elect or major party candidate for president that's bad stuff. there's no proof. >> so right. okay. well it's wiretapping or surveillance. i think it's incumbent upon donald trump to present the evidence. >> you heard what his evidence s. he had sean spicer out there. you saw what reports he's basing it on and just remember this the idea of the white house needing to look at media reports about this absurd. >> they can pick up the phone
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and get the correct entail. >> you have to look at this and go does the intelligence community under barrack obama's presidency come at this with clean hands? >> i don't see why. >> why would that be the question. >> general flynn. >> they weren't surveilling general flynn. >> in general flynn's conversation with the russians, it's not like he's a private citizen. he's in transition to be the national security adviser. he would of course talk to the russians and everybody else. he was surveilled and the content of that conversation. >> surveilled. >> that has great concern. part of that conversation and so too was general flynn and the content of that conversation was released. for what purpose? to go after donald trump from the intelligence community and under the leadership of barrack obama and -- >> the most concern. >> every hack that we know about in our election history and you're saying it's about gotcha
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politics. >> we should all be concerned when the intelligence community is used to go after everybody. that concerns me. it concerns me that donald trump makes points he can't back up. both of those should concern all of us as americans. >> honestly i don't see the equation between the two things. i think the credibility of the president is one thing but just to be clear, that surveillance of the russian ambassador was russian interference in this election. it wasn't a trump gotcha game. there wasn't any evidence of that. >> do you have any evidence that this was a conversation about russian involvement in the election? this was the national security adviser talking to the russians. >> but it's never been alleged that it was about fixing the election. >> do you not have a concern that the contents of that conversation, the next national security adviser that conversation and transcript was released publicly. what if it was hillary clinton's
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national security adviser had a conversation with them. >> if you have it toii want to the transcript. it's a huge hit. >> you have no evidence that this was a conversation about it. >> nobody ever said that's what it was about. >> it wasn't about russian interference. >> i have not seen the transcript. >> so don't make assumptions. >> you're making the assumption. >> you don't have a concern about a national security adviser coming into the new white house and having the contents of his calls surveilled and then released. that's your concern. >> i think you're twisting the context of what's going on and the questions are legit but i don't think they should be used as cover for an allegation by a president that was done without proof and now a position he's sticking to despite his own party saying he should back off.
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>> general flynn had his conversation surveilled and the contents of the conversation -- >> it was the russian ambassador conversations they were looking at because of what happened in the election. that's the context. we're going in a circle here but it matters. the context matter. >> both of these matter. have a happy st. patrick's
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day. >> republicans trying to get law makers on board with the gop health care bill. he is the guy that has to get his party on this. what does he think of it showing he may not have the vote. >> if you weren't awake this friday morning now you are after that interview. coming up for us a congressman and marine veteran says russia poses the single greatest threat to the united states right now but as a democrat does he think the obama administration owns some of that blame? he's going to join us next. obil. while the other guys gouge for unlimited data... t-mobile one save you hundreds a year. right now get two lines of data for $100 dollars. with taxes and fees included. that's right 2 unlimited lines for just $100 bucks. all in. and right now, pair up those two lines with two free samsung galaxy s7 when you switch. yup! free. so switch and save hundreds when you go all unlimited with t-mobile. i tell them the thickness of your enamel determines patients they ask me about whitening all of the time.
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>> if they continue to escalate their nuclear program. listen. >> all the options are on the table. we do not want for things to get to a military conflict. we're quite clear in that in our communications but obviously in north korea takes actions that threatens south korea forces or our own forces then that will be met with an appropriate
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response. >> all of the options on the table. some very important words. let's talk about that and more with the congressman from massachusetts. he is a former marine veteran. thank you for joining us, sir. i want to get your assessment before you move on to comments making major headlines about russia. the secretary of state saying every option is on the table. nikki haley, un ambassador saying the exact same thing in their interview last night. as you see it congressman, where is the greater threat to the united states right now. is it from north korea or is it from russia? >> i think the greater threat is russia and i'd be happy to discuss that but let's be clear, north korea is entirely unpredictable. north korea can go into crisis tomorrow. so what the secretary of state said is important. all options on the table to deal with north korea. we also have to be talking to
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china and some of the presidents inflammatory rhetoric against china is not helpful in that discussion because if north korea collapses and also just collapse as a regime and if that happens china is going to be pushing in from the north and the south koreans and united states will be pushing from the south and we have to have a plan. >> walk me through your logic as to why you believe russia is the greater imminent threat to the united states right now? we know what a threat from president obama thought north korea was. we know what a threat the president and secretary of state, these icbm tests. the provocation that we're seeing. the press conference that they held in beijing yesterday. north korea's embassy saying that this is all defensive move against the united states. why is it, make the case that the greater imminent threat right now is russia.
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>> well, the issue with russia is that they don't only pose a military threat to the united states and to our allies in europe which they always have but they also pose a real threat to our fundamental democracy. the way they're trying to undermine democracy here at home and it's a serious threat to the united states. you're not talking about militarily and putting an attack -- >> no, i said militarily as well. let me explain that piece. russia violated the intermediate nuclear forces treaty. i asked a question of the vice chairman of the chiefs of staff on the armed services committee about that and for the first time the chiefs admitted russia is in violation of this treaty and by the way the trump administration is not doing anything about that. this is a serious issue. >> this is the 1987 treaty. it was your question that brought about that answer but
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look you said it south by southwest this week and this is what is getting all the headlines. we could literally have a nuclear war with vladimir putin. what tells you that right now. >> because russia has not only violated this treaty. for a long time russia and the united states had a mutually assured destruction. if they shot all of their weapons at us we would shoot all of their weapons at them and the nuclear war is unlikely to happen but what russia now says is they will quote, escalate to deescalate. they are willing to news nuclear weapons to deescalate a conventional attack and i think that the problem here is that we don't have a plan to deal with that. if russia starts using nukes against our allies in europe we may use nukes and retaliation. what if we target american troops like those training in poland with a nuclear attack. how quickly can that get out of control. that's why this is such a
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serious threat and why the trump administration has to take this more serious. >> i hear you congressman but there's many critics that would say part of this blame if not a lot of this blame doesn't fall on the policies of the obama administration. isn't there more that should have been done then. >> i think there should have been more done in the obama administration. it's very different in comparison to the budding relationship between donald trump and vladimir putin and the unprecedented number of connections between the trump administration and the trump campaign and russian regime. we just saw the revelation every single day we uncover a new stone and there's some russian agent lurking underneath that has connections to trump. it's important to understand that there's a difference. >> to my question, make the case to my question because we have to wrap up for why the pretrump
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administration relationship with russia was better than the relationship with russia that this country has right now. >> there's not even any comparison. russia is undermining our democracy. >> which was happening under the previous -- congressman, which was happening under the obama administration. >> we all know why. we all know why and democrats myself included have said that president obama should have done more but president obama absolutely, look, president obama put sanctions on russia because of their violation of our elections. donald trump is talking about removing those sanctions. donald trump's minions are paid by the russian regime. there's no comparison here but the bottom line is this. everybody should be paying more attention to the threat from russia. it's serious and significant and democrats and republicans need to come together to fight back. this is about our national
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security and fundamental tenants of our democracy. >> indeed. yes, the hacking of the u.s. election and interference in elections, across western europe unacceptable. this was happening under the obama administration as well. congressman we're out of time. thank you very much, chris. >> all right poppy. good talk there. so warning north korea about preemptive military force. our secretary of state on your screen, rex tillerson, did he just reverse decades of american disposition? has he helped the situation? we discuss next. predictable, there's no other way to say this. it's over. i've found a permanent escape from monotony. together, we are perfectly balanced. our senses awake. our hearts racing as one. i know this is sudden, but they say...if you love something
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call for a free quote today. liberty stands with you™. liberty mutual insurance. is that a good idea. is this different than what we heard from the u.s. in the past? >> let's discuss it. the author of nuclear show down. north korea takes on the world. also with us military analyst and former army commanding general. nice to have you both here and
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let's begin with the words general that the secretary of state chose to use. not only saying no options off the table but also the era of strategic patience has ended. how big is that? not just from a diplomacy standpoint but militarily. >> it's a big deal and it's going to come as sy surprise to many of our allies and if you're talking about north korea you're concerning yourself not only with their nuclear weapons but potential for conventional weapons. if a strike occurs in north korea or if they launch a missile and we return fire with a nuclear tip they have about -- well quite a few tubes of artillery along the border of seoul, a city of 10 million people is about 30 miles from the north korean border so a lot of people would be engaged with
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conventional artillery weapon and that's why it's there. >> if someone hears this and says here's much to do about nothing. is this what you always say? there's going to be an appropriate response. why is this raising eyebrows. >> we always say in almost every context that every option is on the table. so when those statements have been made by nikki haley and rex tillerson that really is boiler the plate and we're not going to go with military option unless we're an extremist but what tillerson said about allowing our allies to actually go nuke that is different. that's a reversal of about 7 decades of u.s. proliferation policy and, you know, if japan and south korea had these weapons then the gulf states are going to say well what about us?
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why can't we have them too and then you'll have what people call nuclear break out. >> and you had japan's defense chief saying just this month that they would not rule it out so you have in escalation across the board. remember 1994, remember when president bill clinton walked and said this is a good deal for the united states? let's listen. >> this is a good deal for the united states. north korea will freeze and then dismantle it's nuclear program. south korea and our other allies will be better protected. the entire world will be safer as we slow the spread of nuclear weapons. >> that all fell apart in the early 2000s. general to you, what's the lesson learned? what's the page to take from that failure? >> a lot of pages? first of all you have to continually watch this and ramp up sanctions and be very careful about taking sanctions off using
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the various elements of national power. not only diplomacy but military. you have to continue to try to bring people to the table. there's been a lot of changes in north korea. not just with the policies but the leadership over the last 20 years or so. over 20 years since that statement was made. you have to continually watch what was occurring and at times we took our eye off the ball because of other things going on in the world. >> also seems to be an instruction in the futility here. there was 1994. 23 years ago and we seem to be in the same situation now not only with north korea but iran as well. you made a deal that you heard the president say and our allies say this is as good a deal as we can get and they seem to not be following it and seems to be abuses. fuels a lot of criticism. seems like this is how it is. is there anyway to do it better. >> there's a number of things we can do. there is one policy that we
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haven't tried. that is to impose costs on ch a china. we haven't done that. that deal president clinton was referring to is the frame work. the north korean were doing it as the ink was drying. they were saying this was only going to be their plutonium program. we have a series of failed deal with north korea. we need something in the line of sanctions. not just on north korea but also china. >> where is the read line? does this administration need to be clear about where the red line is and then actual follow through on it. >> if you say strategic patience is no longer our policy and has
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that been coordinated with allies? there's a lot more people on the korean peninsula than just americans and south koreans. there's several other allies. has it been coordinated? what is going on in terms of a replacement for this policy. >> appreciate it very much. >> two federal judges blocking president trump's travel ban. the white house says they're going to appeal. would they win? we have legal experts to make the case and gets who gets to be the judge this time? you. 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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the roles suddenly reversed in our beyond the call of duty. >> it's dark and desolate at 4:30 a.m. he is working a call when a pedestrian calls in. he finds an overturned vehicle and two possible victims. >> a male subject kneeling on his knees holding a female in his arms. >> anderson moves his vehicle to block the slow lane but when he returns to the victims the woman is there but the man is gone. >> so i scanned with my flashlight and as i scanned to my right i found him standing in the emergency lane and as my light hit him i could tell he already had his weapon pointed
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at me. >> the suspect shoots anderson in the right shoulder disabling his dominant arm. >> next thing i know i look up and he is charging me and his gun is up in the air and he strikes me on the head with his gun. >> the men fall to the ground as they battle. no one calls 911. >> it takes a certain person to stop and put their lives on the line. >> that person is thomas, he exits his pick up. legal firearm in hand. >> he is beating him in a savage way and just fist after fist. >> what was his energy like? the suspect. >> evil. if i was going to put a word on it, it was evil. >> i heard a voice telling him to get off and then i heard the same voice ask me if i needed help and i said yes do. and then the next thing i hear
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is two shots. >> >> one so close to death. the two now forging a bond for life. >> i get to see your grand kids grow up. my daughters, you know, get married eventually. >> cnn youngtown arizona. >> two heros right there. powerful story. our thanks to stephanie. so the president's revised travel ban is going through the legal challenges. could the outcome be different this time? and are we going to see a supreme court nominee become a pawn in a political debate? next.
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a federal judge in washington denying an emergency motion to block president trump's revised travel ban. it has no practical effect though because two other federal judges already blocked the ban from taking effect nationwide. the president vowing not to give up the fight. here's a listen. >> a 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, we're going to fight this terrible ruling. we're going to take our case as far as it needs to go, including all the way up to the supreme court and let me tell you something, i think we ought to go back to the first one and go all the way, which is what i want to do in the first place.
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>> joining us now, danny savalos and joey jackson. jackson, you argue against the ban. >> yes, your honor. >> what's your strong case about why this order is good law now? >> because the immigration and nationality act explicitly gives this power to the president. and the current hawaii court's basis for issuing the stay is really a bit of a reach. it's not necessarily the case that they have standing to even be in court but beyond that, the fact that they are looking back to statements made during the campaign, to conclude that this is a muslim ban, is really unprecedented. we've never really had courts do that before. they look at legislative history but the entire history of an individual pre-life as an elected official, opening all of that up is really unprecedented.
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>> let's put standing to the side. we chewed on that before. i don't think it will be as much of an issue. let's deal with the immediate argument, words from the past are irrelevant stick to the four corners of the document. >> you can't just look at a document -- don't tell me what something says. tell me what it specifically does. you're going to say because this particular ban doesn't address religion we should ignore it? how about the implication of how it impacts religion? it's clear notwithstanding the fact the ban says nothing about religion, that the intended purpose was in fact to affect religion. >> if this law had been written by president obama, who arguably would never have said the things trump said, it would be okay? >> we can't suggest it would have been because anything obama would have done was tied to a national security threat. you can't impute the actions of one president because another president does it.
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we have never seen since reagan when there was a cuba ban with one country -- >> what about carter? >> with no national security basis. >> what about every president? >> no, the fact is danny wants to address a specific provision that gives the president immigration authority. that provision is tied to a specific national security threat. let's address the national security threat here. what is it, chris? what is it, danny? what's the national security interest? >> in a court of law about this? >> you don't need to question the basis because we have it everywhere from the actions on the campaign trail to other indications. >> the authority danny cevallos has given to the president on the basis of his discretion on issues of national security interest when it comes to immigration, where is it? >> 1182. whenever the president in his opinion finds that entry of any class of aliens is detrimental -- >> where's the detrimental
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interest? >> the president's discretion, that's the question? >> of course, the president doesn't have unfettered authority. we live in a democracy. that means the president can implement policy but checked from a congress and judiciary. >> you're saying the constitution -- >> time out. the fact is if we're going to say. >> hold on. he just pulled a slippery one, not saying the establishment clause, you're saying the constitution says checks and balances and rational basis for your national security can be questioned? >> absolutely. >> do we agree the president has the power? >> the president has the power if it recommendation a detrimental interest to the united states. >> you have to prove the threat for this law to stand? >> of course you do. >> the text of the statute did not require the president to make showing at all. >> you look at the context. >> you look at that -- >> of course, look at the context of how he did this. if you look at what they said
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about national security, the president pointed in the executive order to iraqi nationals engaged in counter -- activities to which they are jailed. iraq has been taken out of the order and referencing something about a young people from somalia coming here. >> you're talking about things that do not appear -- >> not at all. >> so that hold on, let me make this point. let me ask you a yes or no question. if you can exsis all of the statements made that are admittedly bigoted sounding, if you can excise those, is this law facially valid? >> i say no -- >> let him answer. >> exactly. i say no because what you have to look to again, you point to the statute which talks about the detrimental interest. what the court is saying is that there's no national security at all, no national security implication behind this. what can you tie directly to the
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president's action? if you can't specifically tie a national security threat it must fall. so you then must look to -- the president is not doing it on the basis of national security, what is he doing it for? the court said it's an establishment clause violation, you're preferring one religion over another and you can't do that. if you want to talk presidential authority, you can't talk about what the president can do but in the context of what he intended to do and the court said the intent was a muslim ban. >> no court has ever looked at someone's personal history to decide. they looked at legislative history but no court has looked at someone's personal history in order to determine the intent behind a facially -- and you admit it is a facially neutral executive order -- >> time? good points on both sides. very strong. now you're the judge. what did you think of those argume arguments? who do you think made the better case? we'll do it on twitter. thank you very much. we're following a lot of news.
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let's get after it. good morning, welcome to "new day", poppy harlow joins me, we have breaking news, secretary of state rex tillerson delivering a stern warning saying all options are on the table with north korea but going even further, that the era of silence is over. does that mean diplomacy is over when when it comes to dealing with north korea unless it denuclearizes. >> all of this is coming as the trump white house is distracted by the president's unproven wiretapping claims. they are also battling resistance to the president's proposed budget and to the gop's own health care plan which divided his own party and may not have the votes to get through the house. we enter day 57 of the trump presidency. let's begin with alexandra field with the breaking

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