tv CNN Tonight With Don Lemon CNN February 6, 2017 7:00pm-8:01pm PST
ban. she sort of understands the ban, her family was terrorized, brutalized by isis, anything to keep isis from coming into the country is a good thing. she hopes, of course, that this family is the exception to the rule, they can make their case, what will happen if they don't, this boy will probably end up going to the u.k., and the family will try to get the operations done over there instead. he didn't go to the u.k., it was easier to get into the united states, initially, but not now. time to hand it over to don lemon for cnn tonight. the high stakes battle. the trump administration arguing tonight the ban is a legal exercise of the president's authority, that's after president trump rages against a judge who temporarily suspended his executive orders calling him
a so-called judge. amade reports of the house in chaos, while the president today falsely accusing the press of failing to report on terror attacks. >> they have their reasons for not reporting it, and you understand that. >> lots to discuss tonight, pam, i want to start with you, the justice department lawyers filed documents in federal court defending the travel ban. >> the judge in washington state overstepped his bounds, his halt was vastly overbroad, and the lawyers from doj said the president has wide discretion under the constitution to deal with immigration matters. >> they argued if the court decided to keep the injunction
to the ban, it should be limited to people who have already been in the u.s. with valid visas, not for the people from the 7 countries who are hoping to come to the u.s. for the first time, the lawyers argue they should not be granted constitutional protections, the states on the other hand say the travel ban hurts their citizens, breaking up families and hurting businesses. we have the hearing tomorrow. >> will the public be able to listen in on these hearings? >> they will. actually, the oral arguments will be live streamed to the public on the 9th circuit website, the 9th circuit is known to be more transparent than other circuits across the country. circuit courts across the country. so in the broader context this is unusual. and it's going to be over the phone because the ninth circuit covers most of the western states and the judges are spread out. each side gets 340 minutes, we expect a decision on whether the ban will be reinstated during the appeals process, sometime after that, don.
>> to jim acosta now, the white house is following up on their accusations -- false accusations that the media hasn't covered major terrorist attacks? what are they saying? >> earlier today, the president was down in florida and he went after the news media as he often does, he said we are downplaying terrorist attacks for reasons that he didn't explain, he said we have our reasons and he told the audience there, and you know what they are. and i think you understand that, and we asked white house press secretary sean spicer earlier in the day, well, where is the president getting this from, the white house said, we're going to be putting out a list later on in the evening. they did put together a list. 78 terrorist attacks that have occurred since 2014. they believe most of these terrorist attacks did not get enough coverage.
it's baffling, they mention the paris attacks, the san bernardino california attacks. the orlando nightclub attack. it's odd they're say iing these attacks were not covered enough. we spent days on end reporting about them. they were only able to compile this list because of the news media. if we didn't report on them, they wouldn't have been able to make the list. the only thing that seems to change is the setting where he's delivering the remarks from. >> i think it's pretty simple that maybe for some reason they want us talking about this obviously, it's sad to say, but
a terrorist attack will likely happen in the future. those things are uncontrollable. it's almost as if they want us talking about this, in case, might happen. >> this is one of those talking points, all you have to do is spend a few seconds on google, and the talking point doesn't hold up, i mean, we at cnn spent days on end covering many of these terrorist attacks listed in this list that was provided by the white house. we should point out journalists are putting their lives on the line every day in dangerous parts of the world reporting on terrorism and terrorist attacks. it doesn't hold up, it feels like they were going after the news media, before they had their facts straight, and once again, this is a list that includes terrorist attacks that we spent a lot of time covering, to accuse the news media of
ignoring terrorist attacks, it doesn't explain why. it feels like you said, perhaps they're trying to wave that shiny object and get the public's attention away from the things they should be focused on. >> let's hope it does not happen. the men and women he spoke to today put their lives on the line for those terrorist attacks and there are journalists in the front lines as well. pamela brown, do you have a response to this? >> i'm talking about those terrorist attacks jim pointed out. i spent sleepless nights covering those stories, and sent to paris for one of the attacks, the charlie hebdo attacks. the broader context the president wants the travel ban reinstated. as he said, these seven countries pose a national security risk, it's made clear
it wants to fill in the gaps in the process. this travel ban should be reinstated. >> all right. thank you, i appreciate it. i want to bring in now maggie aber man. >> lots to discuss. david, let's start, 17th day in office, and he's in a full blown legal battle, the president is, possibly with the justice department, and also now more misleading of the american public regarding terror attacks? >> don, it's -- the one attack we really obviously didn't cover well was the bowling green massacre. we should have had some reporters out there, kellyanne conway should have given us more information about it.
it really says basically, that the press is not doing its job, because it has its own political agenda, it doesn't want you to know the truth about how dangerous terrorism is. it's pulling a leftist agenda on you, which is clearly not true, and he engages in these falsehoods without producing any serious evidence, we get a list that includes san bernardino. it's astonishing, and it's beneath the dignity of the presidency and it really tears at the fabric of what holds us together as a people, when we can't trust each other, we can't trust the white house, he's telling you can't trust the press. this is the way democracies become unraveled. >> including the pulse night club, the nice attacks. there are attacks that happened in other countries that cnn international will kwover that may not be covered on a u.s.
domestic level, and i think cnn is one of the only u.s. networks that will cover that where you can get that, you won't get that from other networks, if there's an attack that happens in another part of the world, if you are tuning in, mr. president to cnn international, you will get those stories as well. we don't just cover stories that happen here in the united states. >> don, i think what also happened here, you had a president who spoke and then you had a white house staff that had to be the shovel brigade and had to say this is what the president -- >> that happens every day, it seems, gloria. >> yes, we have to prove the president's premise, which is that the press doesn't cover terror attacks. which is ridiculous on its face. and so what they came out with was a list of terror attacks and you've gone over chapter and verse, and i think it belittles the office he holds, it
belittles the people who work for limb to put out this hastily compiled list, full of misspellings. it was meant to be4ri8 us, but in a way, i don't think it does. because i think we're just doing our job. and we have been doing our job. >> as i watched him speak to the men and women in uniform, it was a sigh of -- here we go again. >> maggie, you've been covering a lot of this. what's going on here? >> i think gloria's right, we're never going to know whether the president was intending to say this today or not. but we've seen this lather, rinse, repeat as well. >> sean spicer shifted with what the president said into don't cover enough. they don't get enough attention.
the president explicitly said, they don't cover it, and they had their reasoning, he never said that, sean spicer said, they go undercover, we don't report on them enough. >> that's not what the president said. >> he also had an insinuation that was vague enough, people could read in what they wanted, the reporters, media have some kind of agenda behind this. i have been covering the news for 20 years, i was down at ground zero for literally years after the attacks, we have covered terrorist attacks. i think we get criticized for covering them too much. i think it serves the president's purpose, which is generally speaking, you've seen him creating a climate -- not creating, but he's pointing to a climate of fear. he's largely governing on the idea that if people can be afraid, i can fix it, i will make it better. it worked for him during the
campaign, it's certainly never going to get him to a majority of support, it might get him enough for his base to stay where he is. >> we've been saying that a lot. doesn't it get old? don't you think people tire of that and they will just say, mr. president, please, just be the president and do your job and stop pointing to the media for everything you've done wrong or misstatements that you've made? stop pointing to the media, it's not the media's fault every day. >> at a certain point in a presidency. >> the sky is falling -- >> it's way too early. >> it is. people start judging results, and i think if president trump can create the jobs, he says he's going to create -- if he's going to fix health care the way he says he's going to fix health care, if he's going to fix infrastructure, give everyone a tax cut the way he says he will, and on and on and on, build the wall, people will judge him by
his promises. and i think that's the way president's ought to be judged. i don't think they ought to be judged by sort of who hates me, the press hates me. i haven't met a president or covered a president who loves the media, they all believe they're picked on unfairly by the media. that goes with the territory. this defensive crouch that the president is in right now, doesn't serve him well. >> it's old. maggie, stand by, david, maggie, you've been reporting on the problems at the trump white house, i read an interesting story that happened to be mentioned in. what is going on behind the scenes, they realized the first two weeks, no matter what they put out there, the press people, the communications folks, it didn't go so well. >> you have a president that came into office with a mandate to shake things up. they are essentially building the plane on takeoff, he's doing
much of what he said he would do, not all of what he said he would do. that is what his goal is and you make a mess he's coming in with people in government before. there's his own personal adaptation to the white house. which is different an more jarring than he anticipated it would be, you have these different power centers he's created in the white house. i think by the end of last week, they were generally feeling better, the nomination of gorsuch to the supreme court, got him some good will from conservatives, this is what happened throughout the campaign too, i continue to feel like we are in a groundhog day campaign where he has a good day, and then something happens, it's usually of his own volition, and his aids have to scramble to deal with it. >> this is sean spacer, bathrobe gate, play this. >> that story was so riddled
with inaccuracies and lies, they owe the president an apology for the way that that thing was -- there were just literally blatant factual errors and it's unacceptable to see that kind of reporting or so-called report g reporting, that is literally the epitome of fake news. >> what is the -- >> you start at the top, i don't think the president owns a bathroom, he doesn't wear one. >> there are many pictures of him in a bathrobe with his children, bathrobes of many different sorts. if i owned hotels, i would probably have a bunch of bathro bathrobes. i don't own hotels and i've taken a bunch of bathrobes in my lifetime. who cares? >> i think the president seized on that detail, based on everything i heard, because it felt very personal to him, and he's adamant that it's not true, we've heard this said throughout the day, we're comfortable in
our sourcing on this, but i think that we were trying to paint a panoramic view of this president. we were trying to texture what's going on, we were trying to explain what has happened, and that is the president here and the staff here that is one of many details we've been talking about all day. >> i have to get to a break. there's nothing wrong with wearing a bathrobe. >> many presidents -- >> i'm sure trump hotels have them in there. >> lbj was famous for it. >> gloria, we'll hear what you have to say when we come back, and david, i want your take on what this president says about his relationship with the former president barack obama right after this break. if you're gonna make an entrance...
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trump has some interesting things to say about his predecess predecessor. gloria, you wanted to make a point. >> i want to back up the reporting of maggie and glenn thrush, i don't have the bathrobe scoop. in talking to people that know the president well, and have spoken with him, i do think there has been this large period of adjustment to the white house, i'm told he's really happy, but he is there literally home alone, his wife and son
live in new york. he is alone at night, he watches a lot of cable tv as we all know, he tweets, and then you have the white house staff having to sort of figure out what to do with what he's tweeted the evening before or early that morning, i think it's a difficult process for all of them. given the fact that the white house lines of communication have not been clear, there are ideological differences and you have a president who thrives on managing by conflict and always having a ton of activity, i think it's a combustible atmosphere out there. >> can you imagine being in the house that big. >> home alone. >> that's a big place to be alone. >> you know you can take the bathrobe, it shows up on your bill many not that i've paid for all of them, but some of them.
listen to this. >> it's a very strange phenomena, we get along. i don't know if he'll admit this, he likes me. >> how do you know. >> i like him. i can feel it. now, we had a rough campaign, he was fighting better for hillary than she did. he was vicious during the campaign toward me, and i was vicious toward him. we hop into the car and we drive down pennsylvania avenue together we don't even talk about it, politics is amazing. >> what did you talk about? >> we talked about the country, the future of the country. i asked him what do you think our biggest problem is and he told me, i can't tell you, it's a problem, it's a military problem. >> that was the one thing he would not share, david. what's your reaction to the whole thing.
>> these two gentlemen have developed some bridges between them, so they can talk to each other. there's going to be crises in this presidency, when you may want to reach out to president obama. with all due respect to president trump i find there are a number of business leaders i have an opportunity to talk to in new york. almost to a person, i enjoy going out for lunch occasionally with donald. he can be charming and funny, his company is fine. they will not do business with him. it's a nightmare. they have sharp disagreements about how to act with each other professionally. beyond that, there's an attraction about him that people find him interesting and good company. i would imagine that's what's going on here with president
obama. he's building bridges, keeping up a good relationship. sharply disagrees with everything that's been done in the last two weeks. >> that's a perfect segue for maggie, the president is receiving backlash for these comments he made about vladimir putin. >> do you respect puten? >> i do respect him. >> do you, why? >> well, i respect a lot of people. but that doesn't mean i'm going to get along with them. >> he's a leader of his country. i say it's better to get along with russia than not. if russia helps us in the fight against isis, which is a major fight. and islamic terrorism all over the world. >> right. >> major fight, that's a good thing. will i get along with him, i have no idea. >> he's a killer, though. putin's a killer. >> we have a lot of killers. you think our country is so innoce innocent. >> even republicans are perplexed, why do you think the president continues to praise
russia. >> you look back at the last several years. you go back to 1990, a playboy interview he gave hp he has consistently had words that are purely strength/weakness. he had this history in the campaign of praising people who are typically described as strong men or dictators. he described saddam hussein as a bad person, but he was good at killing terrorists according to trump. he was against jihadists, but he was considered a state sponsor of terrorism in israel. this happened over and over again, and he praised the chinese for the tiananmen square massacre in terms of showing strength.
this is consistent and also what you have seen with him in terms of his sort of personal criticism or delegitimizing criticism of a federal judge in the last couple days. trump has consistently criticized judges, he's been involved in many lawsuits. i think what you're seeing is somebody who has not necessarily -- it has not changed interrupt. it may change him at some point. for the most part, we're seeing the same person he's been for a long time. there are a lot of people who see him and interact with him socially, they find him charming. >> where the rubber meets the road, is policy, and his performance. let's talk about obama care. let's talk to ted cruz. >> senator, are you concerned about trump pushing back the obama care time line saying, wait until 2018 to do something? >> i'm not sure he's doing that, and the president has said he is
committed to repealing obama care, republicans in both houses have said we're committed to repailing obama care. >> you want to do it this year? do you expect it to be done this year? >> absolutely. >> would you be concerned if the time frame slipped to 2018? >> i think we need to move as expeditiously as possible. this was a promise made to the american people. and we need to deliver on that promise. >> you heard the president say, maybe 2018. tomorrow night ted cruz is going to debate bernie sanders right here on cnn on this issue. >> i'm sure the president appreciates ted cruz moving up the deadline for him. and as you'll recall, they weren't great friends during the campaign. and i -- no, look. i think they've got a problem, they've had a lot of time, more than six years to figure out what they want to do, when they
repeal it and they haven't figured out what to replace it with, they know that they have a huge public relations problem. they don't want people to lose the benefits they've come to like. they also feel the system needs to be fixed they don't want there to be this big pause where people are thrown into turmoil and chaos, because they don't know what's happening with their health care. the congress has clearly gotten to donald trump, i.e. paul ryan and said, we can't do this immediately, but the caucuses are worried because they understand it will be called trump care from day one, and if there are problems with it, they'll be at the receiving end of it, they're trying to slow down the train a little bit. ted cruz is saying, i think a
promise is made, i think we ought to figure out a way to keep it, so he can take the high road, even though he knows you can't do it that quickly. i'll be interested to hear what he has to say tomorrow night. >> gloria gets the last word going out the door. i have more friends i need to talk to after this. don't miss senators bernie sanders and ted cruz going head to head in a debate moderated by jake tapper tomorrow night at 9:00. your insurance company won't replace the full value of your totaled new car. the guy says you picked the wrong insurance plan.
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the high stakes legal night over president trump's travel ban, a federal appeals court ordering both sides to present arguments in the case tomorrow afternoon. joining me now alan dershowitz and f. michael higinbotham. they're quickly becoming our go to guys on this travel ban and what's going to happen. the government filed its briefing in its case to reinstate the travel ban. they argued the executive order
is a lawful exercise of the president's authority over an entry of aliens into the united states and the admission of refugees. is that the main question here, michael? >> i think it's one of the main questions, the government certainly has a lot of discretion in the national security area. based on the constitution, the president has a great deal of latitude and leeway, the president doesn't have unlimited discretion. there are some limitations this is what the three-judge panel of the ninth circuit court of appeals will review tomorrow during oral arguments fp is there limitation? candidly, this is what the courts do, certainly the state of washington argues that it's about protecting business, it's about protecting their universities, and it's also about religion, but this is what the courts do, they will
determine -- they will interpret the constitution, and determine whether or not the president has unfetterred discretion or whether or not there are some limitations? >> allen, the states who brought the case say that the president unleashed chaos with the executive order. the attorney general from washington says over 7,000 noncitizen immigrants from the affected countries reside in washington. those who were abroad were blocked from returning heam. do noncitizen immigrants have constitutional rights? >> it depends where they are, if they're in a country like yemen and they've never been in the united states, and they just apply for visitors or tourist visa, no, they have no property interest or liberty interest or due process interest in coming to the country. and the president has vast authority to keep them out. if they've been admitted to the hospital, they are attendsing university or here for hospital care. then their constitutional status
is far stronger. what i think we're going to see is the court divide. as to people who have never been in the united states they have no standing. as to the people who are here, maybe they do, and maybe the regulation is unconstitutional. tomorrow, we're not going to hear much about that, we're going to hear about two things, should the stay remain in effect, i think it will, because it would cause greater chaos, if it was now knocked out, it would have to be restored, and second, does the state of washington have standing? can the state bring a lawsuit on half of some of its citizens. that's where the conversation is going to stand in the hour of oral argument. >> sean spicer took a tough stance on the case today. >> clearly the law is on the president's side, the constitution is on the president's side, he has broad discretion to do what's in the nation's best interest to protect our people, we feel
confident we will prevail in this matter. >> is it that clear the law is on the president's side? >> i don't think it's that clear, i think that's what the courts will decide. certainly the president has a great deal of latitude, and there's great deference give tonight executive branch in protecting national security matters. it's not unlimited. this is what the courts do, we have an independent judiciary that will interpret the constitution, that's why i think it was so problematic, what president trump said with respect to joe robarts. the criticism of a so-called judge or he may be causing a terrorist act. we've had presidents criticize decisions. many republican presidents have criticized ro versus wade. even president obama criticized citizens united recently. but don't personalize it, and
presidents tweets about judge robart was disrespectful to him. and to george w. bush who appointed him. >> should he have not said that about the judge and is sean spicer right? the president is going to win? don't answer now, on the other side of the break. known for its perfect storm of tiny bubbles, it has long been called the champagne of beers. ♪ if you've got the time welcome to the high life. ♪ we've got the beer ♪ miller beer
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president trump accusing the judge who brocked his immigration ban of putting the country in danger. let's pick up the discussion, all weekend the president lobbed criticism at the judge? the washington case, including this tweet yesterday, he said, just cannot believe a judge would put our country in such peril, if something happens, blame him and the court system, people pouring in, bad. he also called this judge a so-called judge at one point, is there a chilling effect the president will go on the attack against a particular judge? >> yes, and i think it does raise questions about his commitment to the separation of powers and checks and balances. look, judges all the time make
decisions that can be seen as endangering our security, freeing people from guantanamo, ordering people to have a fair trial. you never know what the impact is going to be, for the president to say in advance if there's a terrorist act, blame the judge, not me. also you ask before the break about whether or not sean spicer's prediction, whether this is a slam dunk victory is accurate, he may think it's a slam dunk. the justice department lawyers don't. in the last sentence of the brief, they filed today, they said at the most, the injunction should be limited to individuals who are now in the country or just left the country they are essentially beginning to hedge their bets. they're beginning to say, we're not going to get the whole injunction thrown out. i think there is room here for a
compromise i would hope that the attorney general of washington and the justice department could say, maybe we can split the difference here. and have the proposal, the statement that the president issued apply only to people who are in the country. >> didn't you say this last week? >> didn't you say this last week, that that should be a compromise? you didn't think the whole thing would get through? can i ask you about something else. he said a former obama official tweeted this. with every tweet, he's making it harder and harder for doj attorneys to win in court so keep it up i guess. >> they don't like to see the
judiciary attacked in this way, it's hurting the case, i don't know whether these judges will allow their own personal peak to influence the decision. i don't know if it was a smart thing for him to do, the justice department is feeling his pressure. i would think that a compromise resolution would be in the national interest and then maybe the president will go back and redo this with the help of good lawyers, with the help of national security people, we can have a win win. having a proposal that looks like it might be religiously biassed. >> the immigration ban had broad support among americans. the president tweeted today, any negative polls or fake news, just like cnn, nbc, abc polls.
i want to ask you about this last part, according to cnn. 53% of americans say they oppose the immigration plan. three recent polls, all showing the majority of americans oppose the ban. >> i think public opinion is always important. the bottom line is, what the constitution stands for. values of the country that's the most important thing, it's nice to have public opinion on your side. the most important thing, is that we embrace the values that make america great, i don't believe that -- i think it's a false premise that we have to sacrifice liberty for security. we can have both. >> thank you, gentlemen, i appreciate it. >> the always outspoken margaret
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this thursday night at 10:00. cnn's bell and george lopez. actress and comedienne and fashion critic margaret cho joins us. how are you doing? >> i'm great. great to see you. >> i want to talk to you about the cnn series. the brand new president who is a reality tv show star, who says and governs saying anything he wants to. what does this mean for comedy? >> it's great for comedy, maybe not so great for the world. that's all we have right now to hang on to. i'm hoping that it makes it a little better, a little easier. >> a little bit of sugar helps the medicine go down? >> yeah, this would be caster
oil going down. i don't understand why this is going on, or how this happened, but we're going to have to deal with it, i guess. >> i want to talk about snl and that fabulous melissa mccarthy playing sean spicer, watch this. >> you need some props, my words too big, i have to show you in pictures? here we go. when it comes to these decisions, the constitution gives our president lots of power. and steve bannon is the key adviser. okay? and our president will not be deterred. in his fight against radical moose-lambs. >> as a comedian yourself, what did you think of her performance?
>> i loved it. she is amazing. i just think -- what a great way to -- lampoon what's going on. but it's so funny, like, she's incredible. >> i love it. >> sean spicer was able to laugh at the sketch. the president is not pleased with alec baldwin's portrayal of him. >> he's got to lighten up, alec baldwin does a great job. i also appreciate darrel hammond's impression -- all of the trump's that we're seeing, they're all amuse iing i love i. >> can we talk about lady gaga. some people wanted her to be politically outspoken, she didn't really deal with that much for the half time show. many expected her to be overtly political, possibly give a speech denouncing trump. what did you think of her performance? >> i love her, i love everything
she does i think of her as my mormon sister. i think it's great, it's a lost opportunity, though. we saw beyonce being extremely political when she came out in formation, how great that was and what an impact that had. it would have been wonderful to see the same from gaga, but she's fabulous. >> i thought with people holding the torches, they were reminiscent of the statue of liberty. i think she said something without saying it, it wasn't so overt. some people wanted her to go harder, i understand. >> there's an artistry to it, there's a lot of different ways to express yourself politically. she did it in her own way, with that qitar and everything. look back at the origins of some
of the funniest bits of all time, you're known for your often risque comedy routines, is the best comedy always controversial? >> i don't think it has to be. it can be different expressions, comedy, like music has its own melody. it's fun if it's controversial, it's fun if it ruffles people, rattles people in the wrong way, i love that. >> you don't think it's mean, now snl has become downright mean. it's still funny. is part of comedy being mean? >> part of comedy is being mean. i know that from joan rivers. >> when i see clips of her now, i can't believe she's gone. lost her way too soon. i can't believe it, i know you can't either.
>> it's a shock, it's a shock every time i think about it. any time anything happens i want to talk to her about, i wish that she was here for trump. i mean, i know that she had a lot of opinions about him, and it would have been great to hear her now. >> who's your favorite comedian? >> i love tigna taro, amy schumer, and i love wanda sykes. wanda is the best of the best. >> thank you, you look fabulous by the way. >> thank you, you too. >> thank you very much. >> don't miss the premiere of the history of comedy thursday night at 10:00 eastern. including some of the funniest bits of all time, the 7 words you can't say on television. >> you remember the actual seven words? >> [ bleep ] [ bleep ] [ bleep ] [ bleep ] [ bleep ] [ bleep ]. >> did i miss one?
the problem is, i don't even think words are dirty, so it's hard to remember what the [ bleep ] they are. >> what's the one? >> oh, [ bleep ] of course. >> are you serious, lewis? >> [ bleep ] [ bleep ]. >> [ bleep ] [ bleep ] [ bleep ] [ bleep ]. >> oh, my god. >> the history of comedy new series starts thursday at 10:00, only on cnn. engineered, and built the cars. they've got the parts, tools, and know-how to help keep your ford running strong. 35,000 specialists all across america. no one knows your ford better than ford. and ford service.
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president trump versus the polls. this is cnn tonight, i'm don lemon. polls including their own, showing the majority of americans oppose his immigration ban are nothing but fake news. the numbers just don't lie. the legal battle over the ban is heating up. new york commuters band together to erase subway swastikas. is anti-semitism on the rise in this country?