tv CNN Newsroom With Fredricka Whitfield CNN February 4, 2017 11:00am-11:31am PST
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 washington
correspondent ryan nobles. agencies have been told it's essentially just business as usual. >> that's right, boris. and both the state department and the department of homeland security are operating as if the the trump executive order had never been issued, this in response to that order. the restraining order put in place by the judge in washington state. this is what the department of homeland security had to say in a statement earlier today about their response to that restraining order. it said, quote, dhs suspended any and all sections of the executive order. this includes actions to suspend passenger system rules that flag travelers for operational action subjected to the executive order. now that dhs statement does go on to say that they still believe that the order is necessary and that they will implement it once again if the court proceedings make their way through and we should say that the next thing we are looking for is the department of justice's response to this
restraining order put in place by that judge in washington state. they could file it in two different places and go back to the judge and ask him to reconsider or appoint an emergency stay on his order or appeal to the higher appeals court in the ninth district. not sure what they're going to do. that's what we're waiting the find out. the department of justice will respond in the near future. boris? >> ryan nobles, thank you. let's turn to jessica schneider now live in west palm beach where donald trump is spending the weekend. the white house clearly unhappy with that judge's ruling. the president himself firing back at that judge via twitter this morning, right, jessica? >> reporter: that's right, boris. donald trump, president trump, taking to twitter in a series of fiery and brash tweets. i'll read it for you. tweeting, 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. that was just the first tweet
among many. donald trump in his tweets also calling the torder of the judge in seattle ridiculous. it wasn't the only time that the administration used such an adjective to describe that order. in fact, last night, a statement was released by sean spicer, initially calling the order "outrageous." then that word "outrageous" taken out in a subsequent statement released and the white house saying this last night. at the earliest possible time, the department of justice intends to file an emergency stay of this order and defend the executive order of the president which we believe is lawful and appropriate. the president orders intended to protect the homeland and the constitutional authority and responsibility to protect the american people. the administration remaining steadfast that they believe this executive order signed by president trump last friday remains legal. they will fight it and that's not the only thing happening here in mar-a-lago today. we know that protesters are gearing up as well as in west palm beach just outside of the
trump international hotel. we expect by facebook estimates a few hundred, up to 2,000 people. they'll be marching toward mount mar-a-lago but because of space and security concerns, kept on the north side, a fair distance away from mar-a-lago. a lot of stirring down here. the winter white house. the white house itself having to take quick action, releasing that statement last night and of course, president trump as he often does taking to twitter this morning, bashing the order itself and also criticizing the judge. boris? >> jessica, thank you. let's head over to cnn aviation and government regulation correspondent, rene marsh. this has to have been a frantic time for the airlines, just trying to work to keep up with all of these orders. >> reporter: i was speaking with one airline official who said they're waiting to see what happens next because this isn't resolved yet but this morning, we are getting a lot more clarity from the federal government on what this
temporary lift of the travel ban means for passengers and airlines in the meantime. customs and border protection told airlines to go ahead and go back to the standard procedures that were in place before president trump's travel ban. the cvp went further telling airlines it's back to business as usual as far as entry into the united states. they also said it's as if this executive order never existed. airlines in response, they have taken down the travel alerts that were on their web site and they're getting word out to their customers that people with visas that are otherwise valid are free to board u.s.-bound planes. we saw one tweet from an immigration attorney in chicago who said he witnessed a customs and border protection allowing passengers with visas and green cards to board flights. but a reminder to everyone, this
is a temporary lift. so we still have a ways to go before this is completely resolved and airlines know that. they are aware that things could change again due to another court order. i'm told that immigration attorneys are telling their clients, go now in case things change again. so if you need to get to the united states, these attorneys are saying, this is your chance. >> rene, thank you so much. >> coming up, protests across the country. live pictures of the protest in washington, dc. we're going to have more on these demonstrations just ahead. plus, critics saying that trump's ban is dangerous. we'll hear what trump supporters have to say about the ban and about president trump. >> people really dislike him. i don't understand it because i love him. i love who he is. i love his transparency.
protests erupting across the nation right now over president trump's travel ban. you're looking at live pictures of demonstrations in washington, dc, new york, and miami. we're going to continue to follow these protests as they unfold. after a judge issued an order that temporarily reversed the president's travel ban, trump fired back on twitter. he tweeted at this, quote, the opinion of the so-called judge
which essentially takes law enforcement away from our country is ridiculous and will be overturned. democrats are firing back sounding the alarm. democratic leader chuck schumer said the president's attack on judge james robart shows a disdain for an independent judiciary who doesn't always bend to his wishes and a continued lack of respect for the constitution. vermont senator patrick lee doubled down in this statement writing, quote, the president's hostility toward the rule of law is not just embarrassing but dangerous. he seems intent on precipitating a constitutional crisis. let's talk about all of this with cnn legal analyst danny cevallos. this is not the first time donald trump went after a judge. he attacked the judge that presided over the trump university case questioning how objective he could be because of
his mexican heritage and judge robart unanimously approved by the senate and appointed by george w. bush in 2003. is it anyone that challenges trump becomes illegitimate by virtue of the challenge? >> i think it's clear especially when you see that trump, his favorite sort of excuse or whenever everything goes wrong is to always call the refs whether it's judges in cases he doesn't like, the case of the trump university last summer or in this case, the travel ban for a federal judge in washington state. or if you think about it, every time he doesn't like anything in the press, even this morning, tweeting at the "new york times" saying they have terrible coverage and tweets about fake news and what's going on, calling out the press whenever he doesn't like anything and this is his moe ddus operandi. he said, it's the ref's fault. not my fault.
it's got to be somebody else's fault. >> the white house said the department of justice would be filing the stay at the earliest possible time. it's now 11:00 on the west coast where they're going to look at the ninth circuit court of appeals. how do you see their strategy playing out? what are the weak spots here in this decision that you see them targeting? >> i think the biggest, if there's a weak spot in this decision, didn't explain which of the plaintiffs that the judge was persuaded by. it's a short opinion. if you read it, he walks through the standard for granting an injunction which is pretty well established, nothing dramatic there. and then concludes that plaintiff wins and most of us are left wondering, yes, but why? and now will become important in the ninth circuit court of appeals because they'll look to see whether they made any legal
conclusions or findings of fact and the less there is on the record, the less the appeals court can base it on. in fairness to the district court judge, his role in determining a t.r.o. is not to decide the case on the merits. so he had a very good reason for not putting a ton of analysis into his opinion. >> right, but isn't it that he believes it's likely to prevail, so i think he would be the case. >> there's a substantial likelihood that the plaintiff would prevail. he just didn't say which argument persuaded him in making that finding. so that will be interesting once it goes up on appeal and the ninth circuit court of appeals judges, whenever they get on the wheel start scrutinizing the opinion and ask the questions, what were the facts upon which he based this and what legal concepts did he apply? and the less he applied or the less that he found in the lower
court opinion, the less there is for the appeals court to review. >> jay, to you. some republicans openly criticized the rollout of this executive decision, specifically, how it was implemented without necessarily tapping into some of the agencies that would be affected by it. how do you see them responding to this legal conundrum moving forward? >> capitol hill was tepid in their support for this travel ban. if they actually wanted to support it, they could pass legislation in support of it which would actually help cement the travel ban, help bolster it and you noticeably saw neither chamber of commerce move towards any legislation to support that travel ban. it certainly does make the confirmation of donald trump's supreme court justice nominee gorsuch really important to do it as quickly as possible
because if the ninth circuit then decides for the plaintiff and as is expected, then it bounces up to the supreme court. the supreme court aties 4-4. they could see it there and would automatically revert back to the ninth court's decision to stand in the ninth court's decision and in that case, it would stand. if they don't confirm gorsuch in time, there's a likelihood that the suspension of the band would actually stand. >> danny, if it comes back as a 4-4 decision, does the ninth circuit decision stand and another decision that is essentially the exact opposite that would stand in the way of that? >> that's how we might find ourselves in a constitutional crisis. it splits among the different circuit courts that make a case appealing to the supreme court to take on, so if you have two major splits, if, for example, the first circuit by then has
reached a completely opposite conclusion in other courts and other circuits reached other different conclusions and it goes up in the supreme court and the supreme court is at a draw, then yes. in theory, those cases go back down and the appellate court holding stands. but it raises the question and i'm not sure anyone knows what exactly will happen with this particular case if many different circuits are left after going to the supreme court in a state of split. >> thank you so much for the time. we appreciate you being with us this weekend. stay with us as we continue to monitor live protests against the trump administrations' immigration policy across the east coast. we'll be right back. ♪
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poll showed the reactions did not sit well. more than half oppose the travel restrictions and 55% see it as an attempt to ban muslims from entering the united states. and highest disapproval rating of any new president ever polled for his first month in office. just 44% approved of the way he's handling the job. and compare that to 76% for president obama within the same time frame. president trump's approval ratings may be down but that doesn't seem to matter to some of his staunchest supporters. a group of women in arizona who love donald trump and who think he's doing a great job. their support for him is unwavering. martin savidge reports from tucson, arizona. >> i was so elated, i could hardly stand it. it was like the best early christmas present i could have gotten. >> these women love everything about president donald trump and
can't understand it if you don't. >> if anybody in this country is against anything he said he's going to do, i really worry about their judgment. >> has he made any slip-ups. >> not at this point for me. >> the people he's surrounding himself with. the cabinet choices? >> oh my gosh. great, incredible people. just incredible people. >> but is he moving too fast? >> no. he's going to move forward quickly because he's going to do exactly. i don't think he's moving fast at all. i say, keep ongoing. >> they see nothing wrong with the president but plenty wrong with everyone else beginning with democratic opposition in congress. >> i think that's a terrible thing that the left is doing to hold things up and it's so purpo purposeful. >> doesn't it sound like what the republicans were doing during the obama administration? >> no, they showed up. they showed up. these people are actually not
showing up for the vote. people really dislike him. i don't understand it because i love him. i love who he is, i love his transparency. >> speaking of transparency, what about tweeting? should that have stopped? >> i love it. you know what it does? it leaves you out. >> the you is the mainstream media which the group blames for what they see as a non-stop barrage of negative news about the president. >> you push and you push and you push and you don't back off and frankly, i'm fed up with it. >> it's not the only thing they're fed up with but also sick of the demonstrators who say can't accept that hillary clinton lost. >> get over it. move on. let the man get to work and better our country. stop with the protests. >> speaking of moving on, what's with trump's seeming fixation on the inauguration crowd size? >> i think it's fair to defend
himself. >> what about widespread voter fraud for which he's offered no proof and officials say didn't happen? do you believe president trump, when he says he thinks there were several million votes cast illegally. >> yes, and i'm really glad that he's checking that system out. just like he's checking out the immigration problem. >> trump's immigration executive order is another issue these supporters see differently. seeing the move not as discriminatory but rather about safety for americans. >> as a mother of four kids, i feel that it is the right of my children to grow up manyin a coy where they feel safe. >> what about refugee children? >> we lead with our emotions, this country's sunk. you can't lead with your emotions. >> it's not all gloom and doom. despite the differences they see, these women believe we can
unite as a nation under president trump. in fact, they say we already did. for a brief period inauguration day. >> it was just touching, and everybody, it was the wonderful terrific hours and people say, this is a peaceful transfer of power. this is how america is. >> that was martin savidge reporting. those ladies probably not be happy to find out there are protests happening across the country in new york, miami, and washington, dc. we're going to keep an eye on those, but for right now, that's it for us. breaking news continues at the top of the hour. i'm boris sanchez in for frederika whitfield. right now, kickoff in houston begins after a short break. thank you for joining us. wait for it. in about five minutes you get delicious, premium veggies, steamed to perfection. now! ♪ ahhhhhhhhhhh... mmmm heavenly, right? birds eye steamfresh. so veggie good.
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