This is cnn break news. Hello, welcome to our viewers in the United States and around the world. Just 11 00 here on the west coast im john vause. Im isha sesay. Breaking news this hour, President Trumps second try at a travel ban has been blocked by a federal judge just like the first one. A judge in hawaii made the decision hours before the ban was supposed to take effect. The execute executive order would have stopped travel from a majority of muslim countries. Mr. Trump told a crowd just a while ago he will fight this decision. 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 that was also bl blocked by another judge and should have never been blocked to start with . We spoke last hour to hawaiis attorney general about the judges decision. Bottom line here, did judge watson, the judge in this case, did he essentially decide that the executive order, the travel ban, is a religious test . Yes. I mean essentially with the rationale that judge watson applied to this case was a little different from what judge robart did in the washington case where he looked at it and analyzed the factors from the establish me establishment clause standpoint which is essentially the establishment clause just wants to make sure whenever there is an official action taken by the state its not favoring or disfavoring one religion as was the case here. Attorney general chin, how do you respond to President Trumps reaction to this move. He said in Public Comments on wednesday that this judgment displays unprecedented judicial overreach. What do you say to that . Well, i dont think that judge watson was necessarily overreaching since there is precedent for the courts to be able to look at the context. Context matters. In other words, that is something in a the u. S. Government has been arguing, which is that the only right thing to do is to look at the four corners of the document to see whether or not there is neutral language. Unfortunately for them, the Supreme Court has disagreed with that proposition and has told judges that the right thing to do is actually to look at what is going on behind the curtain. And that is our argument. And essentially, thats what what was happening. There have been so many statements, and even up until tonight, statements made by President Trump, and even when he was a candidate, and now when hes president that just indicate that he continues to display, unfortunately, a religious animus that is not constitutional. During arguments, the deputy of justice asked the judge if he was leaning towards an injunction, if he could tailor it specifically for hawaii. He rejected it and you know, applied it nationwide. They lost on that front as well. What are the implications there . Right, well, i think certainly the most thing is that National Security is protected. And what really the implication of this temporary restraining order is that the existing system, which is very secure, which is very strict, and is also constitutional, continues to remain in place. What the judge was enjoining was the application of an unconstitutional standard that was grouping people or just basically saying if you are from one of these six muslimmajority nations, you are presumptively a terrorist. It accident matter if you were a baby, if you were a grandmother or the moirnl of our individual plaintiff in the case who wasnt able to get a visa and still hasnt, you were presumptively a terrorist and you would now have to go through some extra steps in order to prove to the government that you are not. That was just a short time ago. We have reporters in hawaii, and here in los angeles. And matthew lipman, and john phillips. Stephanie, a big win for hawaii. But this injunction is only temporary. The legal fight is far from over . Reporter that is exactly the case. This is something to celebrate for now. Its a very nice win in hawaii, a big win for this attorney general. But they are poised to keep this fight going here because they know that there are parts of this that the Trump Administration will likely take issue with and will probably have some sort of response to other than the comments that he made out speaking while he was traveling in the country yesterday. Now, there are a couple of things though that are interesting. You heard the attorney general speak to that. And i was listening because i was in that federal court yesterday when this was happening. The judge was pressing the lawyer representing the United States about the fact of context, whether or not context should be a part of this. Or do you take a look at a document and just look at the words there and not Pay Attention to what else has been happening out into world . And that was something that you heard him ask about several times, and clearly when you take a look at the ruling that he came out with, that is something that continued to be represented in his ruling. The other issue here is just why hawaii wanted to stay alone here in this. They are saying some of the issues are specific to hawaii more so than other states and that is the reason why they chose to take the road alone on this one. Stephanie thank you. Brian to you now, we heard President Trump react to this decision. One of the things he said in those Public Comments in tennessee was that the judge here displayed unprecedented judicial overreach. Is he right in saying that . Is it unprecedented . Isha, i agree with President Trump on this one. As a trial lawyer for 20plus years i will he tell you that the one place i thought we could be immune from a political agenda is the courtroom. I believe this ruling by judge watson, evidences what i call courtroom chaos because itbased more on political motivation and emotion than it is logic. To give you an example, his comments in this executive order, they read more like a movie script, like a mystery novell than they did an actual court order. He is citing for example, rudy giuliani, the former mayor of new york city having conversations with donald trump about a muslim hahn skban how to enforce this. He is citing comments made on anderson coopers show to support his ruling on this executive order. And i will tell you, rest assured that when this ruling by judge watson makes its way up to the u. S. Supreme court, the Supreme Court justices are not going to be considering extraneous comments made during an election. Nor will they consider comments made on tv shows in ruling on this case. Okay. Lets play one of the comments that the judge was actually considering when he delivered this opinion. As brian said, there are a number of them. Up with of them was steve miller, a sister aide to donald trump. This is what he said. Well, one of the big differences that you are going to see in the executive order is that its going to be responsive to the judicial ruling which didnt exist previously. So those are mostly minor technical differences, fundamentally you are still going to have the same basic policy outcome for the country. But you are going to be responsive to a lot of very technical issues that were brought up by the court and those will be addressed. But in terms of protecting the country, those basic policies are still going to be in effect. John, i guess well find out the legalities of all of this as it works its way through the court system. For now, that tough talk coming from the white house, has it backfired. I think they should rename the 9th sishlgt court of appeals the academy of Motion Pictures arts and sciences because it is an idea where all good ideas go to die. The president said he will take it to Supreme Court. This is why the fight over the vacancy on the Supreme Court is critical. This could be a 54 decision. And you have liberal scholars including Alan Dershwitz saying he thinks President Trump could win think in Supreme Court. Trump said he is we are going to be sick of all the winning. 50 days or so into his administration they are focused on the muslim ban instead of a lot of the issues the people elected him to work on, for example, jobs, infrastructure, tax cuts, those things. We are focused on the muslim ban. He keeps losing on the same thing. Its obvious they are trying to ban muslims. Rudy giuliani was on tv saying they asked him how to ban muslims. Then they tried to ban muslims. We dont have a religious test in this country. Thats part of the United States and what we are founded upon. He is trying to block muslims. Stop, concentrate on what the people elected you on. The president brought up National Security as one of the reasons why the ban was so important. This is what donald trump had to say. Hundreds of refugees are under federal investigation for terrorism and related reasons. We have entire regions of the world destabilized by terrorism and isis. For this reason, i issued an executive order to temporarily suspend immigration from places where it cannot safely occur. Brian, the problem for President Trump is that the evidence that the judge saw in hawaii just didnt back up those statements. Thats what judge watson says. But what about the fact that 91 of muslims worldwide are not included in this alleged muslim ban . Judge watson had the audacity, john, in his ruling, to mock that fact. In other words, he said oh, just because there is 91 of muslims not in this travel ban, that doesnt make a difference. Because if you just exclude one muslim from coming into this country then thats unconstitutional. Thats not how the law works judge watson. I will tell you that whats different here, john, is that there is now empirical evidence. Remember in that First Executive order we talked about this there was no evidence put forth by the government of any Public Safety threat. It was just rhetoric. Now we have donald trump actually saying that we have over 300 individuals, refugees in our country being investigated for domestic terrorism. Now that he cites that, people mock him on that. Its its its never ending. Matt, to bring you in, you are shaking your head. Not. Not only has it been reject booed i the judge in honolulu, but there is also the question whether the president is overreaching his own powers when it comes to the issue of National Security. The problem with what brian is saying is trumps department of Homeland Security has said this muslim ban will not make the United States any safer. His press secretary has said there are no imminent threats. I dont think the idea is there are terrorist threats. We have had a lot of shootings. When this person went into newtown and shot a bunch of first graders he wasnt a muslim. But donald trump is trying to take advantage of the fact that people are scared of terrorism. Terrorism is a big problem and he wants to ban muslims. His administration has said we will start out with these first few countries and then expand it. Can we please at least consider the comments that isis has put out and tweeted out where they say that they plan on infiltrating the ranks of refugees and sneaking them into western countries so they can commit acts of terror . Can we at least consider that, too. But the United States has a totally different policy than countries in europe. In europe you get on a bode boat from one country to another. Its impossible to vet those people. In the United States we have a two year vetting process. But isis has said they are going to sneak them in. They can say what they want. Its not specific evidence that this is a specific threat to the United States. Its not just the United States. Its the west. But we did fine iraqi refugees in bowling groan kentucky who were conspiring to commit acts of terror. In iraq, conspiring to support acts in iraq. Nonetheless, we are supporting people who are aspiring terrorists. We have seen acts in europe where people are coming in with papers of being refugees. This is a real problem. Of all the shooting in the last 15 years, have any of the people come from these countries. Thats not the point. It is a big point. The number should be zero. It is zero. All those domestic attacks have been people who live in the United States and have been here for a long time. They are not people coming from these countries. A study found in a domestic attacks in this country were carried out by Second Generation radicalized in their 15th year after they had arrived. Banning them from thats a problem, and people who are clearly radicals who want to come here like the San Bernardino terrorist she was radicalized before she moved here and the evidence i have seen said she radicalized the husband even more. Brian, isnt it there are notions in this country that people in this country are against safety . Everyone is for safety. The question is the way the administration is going about achieving that. Great point. That goes to the issue i made earlier, which is President Trump has earmarked six countries, the same six countries that president obama had also identified as hot beds for domestic terrorism. So donald trump is not simply putting his hand over his eyes and just picking you know 20 countries to pick on. He has data that is supported by our previous president , obama. He has now centered that information on countries that have predominant terrorist cells. And what hes trying to do, isha, is simply put a delay on the process of vetting. Hes not saying this is a permanent ban on muslims from these six countries coming into the country. Hes saying we need to stop, take a deep breath, take 120 days, and lets do a better job of vetting folks coming from those countries into the United States to insure Public Safety. Plain and simple. Regardless of getting into the weeds of this decision, if you look at this from 2,000 feet what you see is that this administration has tried twice and failed to implement an executive order. The first time they botched the rollout. It was chaos and confusing and a disaster. They have tried again and its rejected again. The perception is that this administration cant get their act together. Politically speaking it would be better for him to wait until after a terrorist attack to do Something Like this. But this is why we elected an outsider. We dont want a president who keeps fighting and losing. You have got to fulfill the agenda that people elected you for, jobs, infrastructure. He is spending his first two months on this muslim bachbl i think it is a mistake. Hold that thought. And the conversation continues. Thanks to brian we appreciate your contribution and insights. Thanks john, thanks isha. You are welcome. Time for a quick break. Lawmakers are getting frustrated. Coming up, what they want from the fbi and what they will do if they dont get it. Also, the u. S. Government named suspects accused of hacking hundreds of millions of yahoo email accounts. We will tell you why the company is calling it a state sponsored attack. Announcer get on your feet for the nastiest bull in the state of texas. As after a dvt blood clot,ital i sure had a lot to think about. 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Eliquis may increase your bleeding risk if you take certain medicines. Tell your doctor about all planned medical or dental procedures. Eliquis treats dvt and pe blood clots. Plus had less major bleeding. Both made eliquis the right treatment for me. Ask your doctor if switching to eliquis is right for you. 22 minutes past 11 00 here in los angeles. There is growing frustration in congress with the fbi silent on allegations of russian meddling in the president ial election and also on President Trumps claim of wiretapping. They are threatening to issue subpoenas for information and openly doubting the president s claim. I dont believe just in the last week of time the people we have talked to, i dont think there was an actual tap of trump tower. Ive seep no evidence that supports the claim that President Trump made that his predecessor had wiretapped and he his associates at trump tower. Mr. Trump though is defending his accusation. In an interview with fox news he listed a couple of sources for his claim and he said he had more proof he wasnt revealing just yet. I read in i think it was january 20th, a New York Times article where they were talking about wire. At thatting. There was an article. I think they used that exact term. I read other things. I watched your friend bret bare the day previous where he was talking about certain very complex sets of things happening and wiretapping. I said wait a minute there is a lot of wiretapping being