tv CNN Newsroom With Fredricka Whitfield CNN February 4, 2017 10:00am-11:01am PST
>> does neil gorsuch ultimately end up being on the supreme court by a decision is made this this case? >> by the time a decision is made, i would say no. >>. >> for the ultimate constitutional any, yes. >> all right, thank you both if for your perspective. the next hour of cnn news room starts right now. >> we begin with new developments. the department of homeland security says it will not implement president trump's order banning citizens from seven countries from entering the united states. that ban temporarily halted by a judge nationwide last might. meanwhile, protests are planned in seven cities. let's start with ryan noble,
ryan, agencies are being told that it's essentially business as usual as if this executive order never happeneded. >> yeah, that's a good way to describe it, in many of these agency, following the instrucks of this judge in washington, essentially hauling the executive order, which banned travel from seven different countries. as a result, the department of homeland security and the state department are abiding by that question. listen to this statement from the department of homeland security. that was issued this morning. it reads, in accordance with the judge's rule, dhs has suspended any and all actions implementing the effect ed sections of the executive order protecting the nation from foreign terrorists into the united states. this includes action to suspend passenger systems that are, system rules i should say, that flag travelers for operational action that are subject to the executive order. so, that means that visas are being issued once again. that the refugee program is back
up and running. and those 60,000 to 100,000 visa, that were suspended in the wake of the executive order, that number is kind of a moving target de, they are now valid once again. the caveat being if your visa was revoked or stamped at an airport, you're going to have to reapply for it, but essentially, if you had a visa that was a valid before the order went back into place, it is now valid once again, but boris, we're still waiting for the next stage of this legal battle, which will play out on two fronts. not only will the trump administration plan to appeal this restraining order that was put many place by the judge in washington state, we then have the broader battle over the institutionalty of executive order and this could take some time, perhaps it will ultimately be the supreme court that makes that decision. >> thank you so much for that. let's talk to matthew miller about this. he's a former spokesman for the
justice department. also aide to eric holder. tell us what the justice department is actually doing today. the white house has said this appeal is going to be filed as soon as possible. >> i think they're rushing to get an appeal ready. although, i have to say i'm surprised it's taking so long. usually, in something like this, it affects ongoing government operations. it is a big priority of the president. especially when they've been litigating this in court for a week in different circuits, so none of the arguments are new, none are a surprise. i'm surprised they haven't filed this already. it indicates there is some level of dissent going on inside the justice department. i've heard from former colleagues that a lot of people at doj agree d with sally yates and think she had the right interpretation of the law. you'll see an appeal, see them try to stay the judge's order, put the order back in effect, but it is somewhat surprising it hasn't happened yet. >> do you think the white house has a case to get this stay overturned? i'm sure they're going take that
first circuit decision straight into this nine circuit argument. is it strong enough to stand there? >> they have an argument. and they'll make that argument you know, vociferously, but you know, judges around the country, most of the judges that have looked that the so far have ruled on against the administration. sometimes on different pieces of f the order, but they're not, so far, one week in, they're not doing well in court. last night was the big es defeat against them and whatever arguments they make, these arguments are going to be make in probably the toughest circuit for them. the ninth circuit is the most progressive. to try to overturn this. overturning the order may be difficult -- has authority to make this a nationwide ban? >> that is exactly right. it was done in an immigration case. in texas.
during the obama administration. obviously, that's one of the standing precedents here. it's something the 9th circuit are take under consideration, i'm sure, but it is well within his rights and i think they have a tough road ahead, the justice department. >> all right, matthew miller, thank you so much for the expertise. we appreciate it. we're going to show you live pictures now from a protest in the nation's capitol. protesters are marching to the supreme court, marching on the travel ban. we saw some in london and paris earlier. there's set to be one in west palm beach today at 6:00 p.m. near mar-a-lago. firing back on twitter this morning, jessica schneider is
live in west palm beach where president trump is spending the weekend. jahessye kai, what can you tell us about the tweets? >> president trump taking to twitter as he often does in these situations, unleashing a series of brash tweets. they ranged from defiant to derogatory. early this morning, the first in his series said this, when a country is no longer able to say who can and who cannot come in and out, especially for reasons of safety and security, big trouble. then he followed up by saying interesting that certain rn countries agree with the ban. they know if certain people are allowed in, it's death and destruction and finally, president trump saying this, the opinion of this so-called judge which essentially takes law enforcement away from our country is ridiculous and will be overturned. really urn heard of for a sitting president to so forcefully criticize a junl. that's what we saw from candidate trump when the he criticized a judge as it related to his trump university lawsuit. at that point, then candidate
donald trump calling the judge potentially biased because of his mexican heritage. despite the fact that the judge was born in indiana. so, donald trump calling this order by that seattle federal judge ridiculous. last night, his press secretary release d a lengthy statement, initially calling the order outrageous, but then in a subsequent corrected statement, he walked eed that back, takin out. he is down here, his first visit to palm beach. this morning his golf course in jupiter, florida then tonight, it will be donald trump's appearance at the international red cross ball. it will be held at mar-a-lago as it often is. it dates back to the 1950s, but
another cause for concern for the white house, protests that are scheduled right here in palm beach, we understand several hundred, a few thousand protesters are signed up over facebook to actually gather at a trump hotel in west palm beach and march over in this direction. they won't be allowed near the mar-a-lago property, they'll instead be kept on the north side of the intracoastal waterway here, so a lot swirling down here at the winter white house. donald trump taking to twitter and those protesters ready to take action. >> reporting live from west palm beach. thank you. turn now to cnn aviation correspondent, renee marsh. this has sent ripple effects throughout nation's airports. what's the status now? any of the chaos and confusion we saw just a week ago? >> so, last night, when all of this was unfolding, there was a great deal of uncertainty, mainly for people trying to understand what this all means for them. if they were a part or from one
of those countries that were involved in the travel ban. well, this morning, we are getting a lot more clarity from the federal government on what this temporary lift of the travel ban means, not only for passengers, but for airlines. cnn obtained an internal member from iata, a trade organization for major airlines worldwide and the organization's general council sharing general guidance and in that memo, it says that cvp, customs and border protection, informed airlines quote, all travelers who were eligible to travel united states prior to its issue wans will now be permitted to travel to the united states in keeping with the as it existed preexecutive order. and the memo goes on to say the
said it's quote, business at unusual in terms of entry into the united states and it's as if the executive order never happened. since this morning, we've seen tweets from immigration attorneys who, one attorney out of chicago o'hare's airport, saying that he witnesses a passenger with a visa and another passenger with a green card being allowed to pass through. board planes without a problem, so airlines clearly getting the guidance and they are now implementing it. airports are on alert as well as all those foreign and domestic airlines. >> renee, quickly, do you think they'd be ready to respond in a very rapid pace if the department of f justice ends up getting that stay on this judge's order? in speaking with with a lot of these airlines, it's been a dizzying sort of effect on everyone because they're all now saying you know, are we going to
see a reversal of the reversal, so, the bottom line is do whatever guidance they receive from cvp but not change their procedures this will they're told otherwise. i don't believe that it will be an issue because it all lies on cvp. they're going to be the ones to update their computer systems, so that the airlines know when they scan a passport, they get the message right in front of them, board, no board. so, there shouldn't be any issues if cvp is on it when they make another change, if they also address their computer systems to give the correct messaging to the airlines. >> all eyes on the 9th circuit and doj. thank you so much as we monitor these protests around the country and world. we're also monitoring the 9th circuit court of appeal, where the white house says it's going
file an emergency stay against the judge's order at the earl yers possible tile. if and when it's filed, it could go to the supreme court. let's head over to sara sidner in service. back to this judge in washington state. how did this zigs wind up in his courtroom? >> very simply there was a lawsuit that was placed in his courtroom by the attorney general of washington. bob ferguson. he argued on board terms that what president trump did with his travel ban or restrictions was uninstitutional. and should be stopped. and the judge said you know there are some grounds for this and i'm going to put what i call, what they call a temporary restraining order to stay this order. in other words, stopping everything that donald trump was trying to do temporarily in order for the courts to be able to look through this and for both sides to be b able to battle it out. let's listen to what bob ferguson told anderson cooper last night.
>> arguments were in two different buckets. we have a group of constitutional claims. in other words, that the executive order violates basic constitutional principles like due process, equal protection, the first amendment establish clause, we had a group of claims there. also a group of claims that are stat torrey in nature, saying that the president's action violated specific federal statutes like the nationality immigration act or the administrative procedures act. the bottom line is the judge did not pick and choose which he felt were most per swative, we may see that in the next couple of days, but the judge did conclude we were likely to prevail on the merits of this action. >> that gives you some sense of how they see this case going forward in judge james robart's cart. care was the largest group here in the united states.
has put out a statement telling people from all seven countries that if they do have visas, if they have legal travel documents, they come united states and want to come, they should immediately because things are changing quickly. >> break down p for us the dojs appeal. how will that be filed and do you know about anything the timing of it, how quickly it might come after the nine circuit decision? >> they haven't come out and said when they're going to file. there's a will the of speculation there will be late tonight potentially that they could file, the judge in washington has said both parties have to file something to show they are going to come forward and put their arguments in place by the end of business on monday, so we know that's one deadline that both sides have to adhere by. we also know there's a couple of different fronts where this fight's going happen. both in the courts, in federal court, in washington. but also potentially if they
file two stays, they could ask for a temporary ban in the 9th circuit court of appeals here. there's one here and in different parts of the country. it's large, from here to hawaii. there are judges and that procedure if they go that route, on the phone for the emergency stay. so, a judge can hear the arguments, get filings and then make a determination to say whether or not they can reverse what this judge in washington did or whether they think it should stay and p if they think it should stay in place, then of course, this is going to be fought out in the appellate courts first, then to the supreme court. >> thank you so much for helping us break down this complex legal story. as we look at live pictures from washington, d.c., where people are protesting trump's travel ban. we'll be back with more on that in a moment. it's your tv, take it with you.
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zblmpblt we're continuing our coverage on this order that suspended government agencies from enforcing president trump's travel ban. we're watching proo tests across the country. this one in washington, d.c. that is set to wind up in front of the supreme court. the white house says that the justice department will file an
emergency stay against the judge's order at the earliest possible time if and when it is filed, it could wind up going to the supreme court, just like these protesters. to talk more about this, item joined by paul cowen, tim and lynn suite, the washington bureau chief for the chicago sun typ times. paul, let's start with you. l.a. night, harvard law professor pointed out a potential week spot in this ruling that could ultimately take down the order as a whole. i want you to listen to this. >> the supreme court has been very clear that that family in yemen, who was denied a visa, has no right to due process. it only applies to americans, other american citizens or green card holders, but there is no due process right to get a visa for anybody abroad, so, i think
although the judge did a very good job on the uniformity, i don't think he wrote a particularly compelling decision on why it's likely to succeed on the merits in striking down the entire, the entire order. and so, i think you were going to have an uphill fight in the 9th circuit. sf>> if these refugees or immigrants doebt don't have the right of due process, wouldn't that really complicate this decision and weaken the ag's case? >> yes, i was on the panel last night with the professor and that certainly would weaken a case. but remember, this is a comprehensive order that affects not only the refugee, but other people such as green card holders and people who have visas trying to enter the country. you know, they may not have the right, but this suit was brought in the name of washington state citizens who say that their employment and other issue,
their businesses, have been directly affected by the ban. giving the attorney general standing for them to sue. so, i'm not sure that it would fall on that basis. i think there are a lot of other problems with it, it's unusual for a district court judge to try to bind the entire united states, it's been done a couple of times in the past, but it remains a very rare tactic and appellate courts sometimes frown on it, so we'll have the see how the court of appeals reacts. >> there's precedent there though, considering a texas judge decided against an ex executive order from president obama. it's cited in this ruling by the judge. in the 9th circuit. do you think that's the easiest point of attack for the department of justice if they move forward with an appeal? >> the precedent you're talking about is important and it was upheld, a ruling by a single federal judge applying to the nation and i'll have to tell you, there was another one that
proceeded that involving the don't ask don't tell policy. where a single federal judge bowen the whole nation in a ruling, so, as i said, it's very unusual, but there is president, there are those two cases, so i don't think that will be the prime ait can. i think fundamentally, the j justice department is going to say we've had a ruling from massachusetts different from the ruling in washington. and that this should go to the supreme court. so we have only one approach to this problem nationwide. it doesn't seem quite right that washington should determine the policy if judges in boston, massachusetts or elsewhere disagree and eventually, that kind of dispute usually winds up in the supreme court. >> if it goes to the supreme court and let's say for the sake of argument, that judge neil gorsuch has yet to be confirmed to the support and we nireme cod up with a 4-4 decision, what happens then? it's supposed to go back to the
lower court's decision, but if there are two competing decisions, one in massachusetts and one u in seattle. do we flip a coin? what happens? >> that's a fascinating scenario that you posed and quite possible in this situation. what would the supreme court do? actually, the case that was probably the first case through the door would be the ruling most likely to stand. however, i think people forget something about the supreme court. even though there is an idea logical liberal conservative split, it's an institution and as an institution, the supreme court is not going to want dimpb differing rulings binding different part of the country and chief justice roberts is likely to sit down with his colleagues and say you know something, this has to do with the integrity of the court system in america. we have to find a way to agree one way or another and i think the president's attack on the judiciary is a huge strategic error on his part. he's going to anger federal judges across the country and he's going to anger the
conservatives on the supreme court. and it's always a foolish way to litigate a case. attacking the judge. so, i think you'll see the supreme court act as an institution and they will rule on this one way or the other. >> tim, paul is referring to a tweet sent out by trump today where he questions the legitimacy of the judge. in the 9th circuit saying he's a so-called judge. here it is, the opinion of this so-called which essentially t e takes law enforcement away from our country is ridiculous and will be overturned. the this isn't the first time donald trump has gone after a judge. in the trump university case, he went after one, wonder federal government his mexican heritage might draw into questions his objectivity in that case. is this a good idea for trump to be going after judges or is it just that any judge that might challenge him is suddenly
legitimate? >> well, this is a very healthy civics lesson for us, but also for the world. many people wondered with extent to which a trump presidency would be a stress test for our institutions and we're seeing it today. the very fact that the state department and the department of homeland security, two executive department, are following the decision in seattle, and are actually pulling back from the ban is very healthy for the country. because it shows that we have three branches of government and that we have an independent judiciary. of course, it's not a idea for the president of the united states to suggest that because he disagrees with an opinion, the judge himself or ultimately or herself is a counterfeit judge. of course that's not a good idea, to attack the person of a judge is not the way to go. what you want to do is attack the decision and find flaws in the decision and i'm sure that's what his justice department will attempt to do, but today, what's so healthy for the country, is that at least now, our
institutions are strong and they're going to use the constitution to figure out what is lawful and constitutional, which is the way it should be, for a republican or a democratic president. so, this is a very good day for american, for the american constitution. >> lynn, we have to ask, i want to get back to this tweet. because some 47% of americans support this travel ban. and trump is doing what really we does best, going on twitter and riling up his base. potentially even by calling into question this judge's legitimacy. if this is part of the reason his supporters were put into power. >> i'm not going to guess since the long run could be in the life of this decision, just short i think donald trump has
defied prediction. what you now have is the reality of dealing with congress. of that there are three branches of government, that there are courts and judges who sit for life, not for terms, who no matter who pinted them, will respond as the republican judge did. this is not such a test of trump's popularity. which is still there among his supporters. most disagreed with this, but i think the goal is a way of getting this case out of the 9th circuit, and is there a way of moving a venue or just getting it it through making an appeal or o takes them out of that courtroom and into another since there are other cases in other
state, particularly in massachusetts. so, there are a lot of legal maneuverings in the meantime, as a practical matter, the administration could come out with orders to the various departments in charge of bringing people into the nation. of making clear what the policy is if the travel ban is lifted. and we'll know more monday because that's the next court hearing. >> so many more questions, but we are out of time. thaun so much for your perspective this weekend as we look at these live pictures from new york city. some even around the world protesting donald trump's travel ban. coming up, vice president mike pence said neil gorsuch will get an up or down vote confirming his nomination, no matter what. we'll discuss after the break.
vice president mike pence wrapped up a speech to the federalist society last hour. as we watched these protests around the country in miami, washington, d.c. and new york. opposing president trump's travel ban. the vice president used the time to express his confidence in neil gorsuch being confirmed. >> judge gorsuch is a worthy
successor to antonin scalia. by the grace of god and what i know will be the tireless efforts of everyone in this room, i believe neil gorsuch will soon take his seat as an associate justice on the supreme court of the united states. exceptionally qualified support qualified. let's go to a rrriane in washington. the vice president praising neil gorsuch as you heard, saying this he is a worthy successor to antonin scalia and he'll soon be confirmed. is that likely? >> that's what's going to be the fight. you heard pence focusing on scalia, calling him saying really, he is a worthy successor o everybody in that room. and he also previewed a little bit what the hear herrings are going to be like. here's what he said. >> president trump and i have full confidence that judge
gorsuch will be confirmed, but we will work with the senate leadership to ensure that judge gorsuch getting an up or down vote on the senate floor one way or the other. >> let's pivot now to the department of homeland security. no longer enforcing the president's travel ban. there are some legal issues there, right? >> so far, we're at the very preliminary stage, but the case at habd is brought by washington an minnesota and they make both constitutional and statue arguments. they say it discriminates based on national orgin and make a due process argument saying it deproois liberty. the government says first of all, these states don't have standing and second of all, the executive has broad authority when it comes to immigration. >> reporting from the nation's capitol, thank you so much for the time. as i mentioned earlier, protests against the trump ban are
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the travel ban is parking new protests here and around the world. several are gathering outside the white house before heading to the supreme court. also in new york city and on the bottom right in miami. in london, thousands once again to the took streets to denounce trump's immigration order and call on theresa may to end her quote, collusion with trump. others erupted in paris and other european cities as demonstrate ors march against trump's travel ban, this as the justice department is set to challenge a federal judge's order halting the travel ban nationwide. joining us now to discuss this is cnn's international diplomatic editor, knick robertson, he's in malta right now where the european council has gathered. how are european leaders respond i
ing? >> well, they see it as another part of the administration's sort of shooting from the hip if you will, before things have been b thoroughly fought through. they see this as generating confusion, as making difficult for citizens of their nation. this comes and in hand with their view of weakening of the transatlantic alliance that they believe this white house is unclear about that as well. unclear about the relationship it wants with europe. who was hosting this event. i spoke to him yesterday look, the realizization, needing to become it needs to become the world leader, because the world leaders for free trade around the world, stand up for liberal values around the world, so the recognition is that the world, i said actually, that's you know,
fascinating because in just a matter of a couple of week, president trump has been able to do what no u.s. president has done. say that the europeans need to work together, they need to be b responsible to take care of issues themselves, not rely on the united states. and now, we're hearing these europeans leaders saying that. we need to be united, we need to take our own part. all that said however they were clear to say we were not taken an anti-american position. the biggest priority is to have a strong transatlantic alliance. the travel ban, the confusion it's created, the unclear signals coming from the white house, it's generating a a system of unease as if you were distance iing europe from its traditional, strong relationships with the yit.
>> knick robertson from malta. thank you. zblncht coming up, more on the battle over president trump's ex executive order. what happens if this battle heads to the supreme court? we'll discuss. u wouldn't want yr painter to quit part way. i think you missed a spot. so when it comes to pain relievers, why put up with just part of a day? aleve, live whole not part. painter: you want this color over the whole house? like paperless, multi-car, and safe driver, that help them save on their car insurance. any questions? -yeah. -how do you go to the bathroom? great. any insurance-related questions? -mm-hmm. -do you have a girlfriend? uh, i'm actually focusing on my career right now, saving people nearly $600 when they switch, so... where's your belly button? [ sighs ] i've got to start booking better gigs.
president trump says the order will be overturned. meantime, we're watching these protests around the country in miami, washington, d.c. and new york city. let's head over to our legal guys. avery, a civil rights attorney and law professor in cleveland and richard, a new york criminal defense attorney and law professor from sunny las vegas. richard, start with you. a lot of questions here about how it's possible for a 9th circuit judge to have the authority to halt this order nationwide. does he have that authority? >> well, he does have that authority. it has happened in the past. and he made the ruling. he made the ruling that there was standing, he made the ruling that the executive order was uninstitutional. that it violate d the due proces clause, that it discriminated against religion, that it was violence of the fifth amendment and we know that presidents have broad powers to protect the citizens of the united states. that's what we're going to be
hearing up to the supreme court, we're going to be hearing that by the government, but here, this decision was done with the sophistication of an elementary school person that had no participation by anyone who even completed first year constitutional law. >> more than that. >> you've got limb napreliminar junctions being issued all over the country due to the reckless manner it was rolled out in. this is in preliminary stage, then to the 9th circuit of appeals. >> sounds like you don't feel s strongly about this as richard. >> oh, no, no, i have to tell you, this president is a legal analyst dream. i feel very strongly about it, but maybe for different reasons. the opinion is roughly seven page, but it's chock full of
federal conclusions. it's not a 9th circuit judge, it is a federal district judge, trs an emergency appeal. i've done this. you have an order, an appeal is filed and i find myself arguing an appeal in front of a three judge federal appeals panel in 48 hour, so we're going to see an opinion next week. and p if two of the three federal appeals judges agrees with the district court judge, that order is going to stand. if it goes to the supreme court, you've got 4-4 and so that 9th circuit, three judge panel opinion will stand. remember, there's only about 80 some days left in this temporary ban. the likelihood of the supreme court taking it is very remote. >> well, richard, isn't it the case there's a first circuit decision that is pretty much exactly the opposite of this decision? wouldn't that create a challenge if there's a 4-4 split?
>> district court. >> oh, i see. >> district court in massachusetts, they granted a preliminary injunction then at the hearing for the permanent injunction, the judge did a strict interpretatiation of the and found that in the order it, it did not say you are discriminating against muslims. he felt he's not going to grant a permanent injunction. when there's a split, that's why cases move up to the court. >> it's not in the circuit. >> it may be five months from now. >> all right. guys, we have to leave it there. thank you so much for the time. coming up, a cnn special report live from the super bowl in houston. cnn takes you inside the big game. our john berman is in houston. john? >> reporter: hey. we are here for kickoff in houston. when a scene this is. i'm here with mike freeman. lead nfl writer.
heinzward. super bowl xl mvp. former team captain and 44 year patriots super fan. pretty unbiassed, maybe, maybe. we'll take you inside the game like never before. you'll hear stories from heinz about what it's like to be on that field. so stick around for kickoff at houston. it will be a lot of fun. >> kickoff with john berman starting at 2:30 on cnn. back in just a moment.
. thanks for staying with us on newsroom. as we continue to monitor around the city, washington, dc and miami florida with money schedu one scheduled later at mar-a-lago resort where president donald trump is staying this weekend. we'll continue monitoring these throughout the evening. on a hutch lighter note though, phoenix someone of the sunniest cities in america. if you're having a chance to get outside, vanessa shows you how to enjoy it from up in the air. >> reporter: phoenix, arizona, more sun per day than any other major u.s. city. and that sun helps attract 22 million visitors every year for business and pleasure. but if you can escape from the daily grind, just 45 minutes down the road, you could find
yourself 4,000 feet above the sierra mountains at arizona soaring. that's phoenix to the right. >> correct. >> reporter: a quick tip on flying. delta allows diamond and platinum sky miles members to give status to people two tiers below them. a platinum member can give someone silver and diamond can give gold. talk about an upgrade. but with my instructor jason stephens, i didn't need status to glide at 145 miles per hour. >> this is no engine of any kind. >> reporter: how are you able to stay up in the air that long? >> basically, the wing, when it moves through the air, it creates low pressure underneath and high pressure above, so that creates a lifting force. if there's a problem, i'll yell, jump, jump, jump. all the seat belts come apart and then you can crawl out the side of the aircraft, jump out.
>> oh my god. all right. >> yep. >> luckily, i have never had to jump out, ever. so i'm pretty sure today will not be the first time. glr aft >> reporter: after a mini meltdown, i was strapped in. >> here we go. >> reporter: oh my god, oh my god. here we go again. >> the next hour of the "cnn newsroom" begins after a short break. stay with us.
we continue to follow breaking news. i'm boris sanchez. frederika whitfield is off. protests under way in response to president trump's controversial travel ban. these demonstrations have been going on for a little while now. there's actually going to be one in west palm beach not far from trump's mar-a-lago estate where he's spending the weekend. that's later tonight. this all happening at the department of homeland security says it's not going to implement the president's order after it was temporarily halted by a federal judge. our team of reporters is covering the story from evening angle. let's start with cnn