And senior adviser, and this news has critics crying foul and giving irony to the president s continued attacks on Hillary Clintons emails. A source close to ivanka says there was not intent to avoid the white house servers. Everything has been preserved and adds ivankas mindset, shes comfortable because there was no intent to avoid. We are going to talk a lot about that in just a moment. But first lets go to the federal judges ruling overnight essentially saying, look, the president cannot do this. Right. This all stems from that november 9th proclamation where the judge said individuals can only do so at official points of entry, not anywhere on the southern border. And groups immediately imagined that and said, look, these people are seeking asylum. They can do that anywhere along the border, they said, and they cant be turned away based on their manner of entry. And this federal judge agreed with the challenger and issued this temporary restraining order and he said, look, whatever the scope of the president s authority, he hey not rewrite the immigration laws to impose a condition that congress has expressly forbidden. As you said, the president came forward with this proclamation after he talked a lot about the caravan in the runup to the midterm elections and he said the people were dangerous and thugs. But challengers said these people are seeking asylum and that they have to prove that they are being persecuted at home. They said thats not easy. They have to go in front of the asylum judge, but they have the right to do this. So this is a set back for the Trump Administration. It is worth noting, the Trump Administration has lost in the early stages, but they won, for instance, with the travel ban in the Supreme Court. We will see if the administration plans to skip over the Appeals Court and take this case directly to the Supreme Court. Thats whats going to be that will be probably their next step in this appeal process if they decide to do it. Okay. Thank you very much. Well watch what they do next. With us now to talk about it, our legal analyst, political analyst and a White House Reporter for National Public radio. Just to the law here, i mean, you have there are u. S. Laws that always treated Asylum Seekers differently than other undocumented immigrants. So the judge here was saying, look, those supercede president ial authority, which is broad. The course of rule, the president does have Broad Authority when it comes to immigration. Thats right. But there are certain areas kept for congress. So the president can issue executive orders and other orders, but they cant conflict with congressional laws in the immigration area. Thats what the court is saying here. It is just a temporary restraining order, so we havent had a full vetting of the case. It may be the Administration Wins down the road. Thats what happened in the muslim ban. Ordered it down over time. Thats what we may see here. An initial look at it in the tro stage was that it wasnt good enough. Alex, i wonder, some Administration Officials had been expecting an early Court Challenge to the president s quote, unquote proclamation here. Is the white house expecting relief in the Supreme Court here, or is this more about politics regardless of whether they win . The president sees a political victory here regardless of what happens. I think that hits the nail right on the head, this is an order issued at the climax. I dont know that anyone care what is the substantive outcome of this is going to be as much as feeling like this was an advantageous political fight. You know how certain voters just sort of are going to register that information. I do think it is really striking that we are now almost two full years into the administration of a president who came in promising sweeping changes to immigration policy. And because the house is about to turn over, he may have lost his chance. Exactly. It is a great point. The fact that, you know, we have the president pitted against the courts on travel ban 3. 0, very watered down, was upheld by the Supreme Court, but you have this attempt to end daca, still attempt to punish sanctuary cities. Do you think now with the divided congress, we will see more of this sort of proclamation, more of this attempt to rule by fiat on this front . I believe so. And whats ironic about that is that republicans lashed out at former president obama for doing basically the same thing. Obama felt he couldnt get things through congress, so he started doing things by executive order. Now you have President Trump basically doing the same thing and threatening to do it on other issues even birthright citizenship, which people say is unconstitutional. But he does seem to be making this bet that he will be able to take it to the Supreme Court and with Justice Brett kavanaugh now and Justice Gorsich that hell be able to get things through. Whether that happens or not, remains to be seen. We have more to discuss. Irony hitting home for the first family. Ivanka trump used her personal email account for government business. That of course draws embarrassed comparisons for this administration. Right. Hillary clinton, you remember the president tweeting more than 60 times about her private emails, lock her up chants, et cetera. She was a prime candidate because of her emails of President Trump. Joe johnson is at the white house with more. What is the latest reporting on this . Also very important to say that failure to use the government email in this situation could be construed as a violation of the federal records act or the president ial records act. And it kind of strains credibility that ivanka trump somehow would not know that, in fact, she could have been running into trouble along those lines. Nonetheless, the white house has put out statements today through the spokesman for ivanka trumps lawyer trying to distinguish this situation with ivanka from the situation involving Hillary Clinton during the 2016 campaign. And they say a number of things. Ill just read you a part of the statement. Mrs. Trump did not create a private server in her house or office. No classified information was ever included. The account was never transferred or housed at the trump organization. No emails were ever deleted. So in that way they say this situation is different from the Hillary Clinton situation. Also, the white house making the case that most of the emails relating to business here at the white house had to do with things like travel and official schedules. The other thing i think important to say is ivanka trump is not the secretary of state and never was. Of course, Hillary Clinton was. Thats a big difference. Still, given the history, just very difficult to believe that ivanka trumps story is that she didnt know the rules. Back to you. Thanks very much. Of course, the question of whether there was classified information there, arguably still an open question because Hillary Clinton denied there was classified information. And her lawyer saying there is not. But again, right, it was 110 classified Hillary Clinton emails. Maybe there were references. We dont know. But there are two to be clear, lets say there is no classified information. That was one of the key issues with Hillary Clintons use of a private email. The president ial records act is another one here. Do you need to have this stored on a private server for this to be a potential legal issue . Just using the private emails, does that present possible legal issues for ivanka . So the two legal issues are the ones you identified. It is the classified information and was the president ial records act violated, right . So the private server, doesnt matter. It keeps things secure. And it ensures that everything is kept and not deleted. Using any server is the problem here. So just to note some of our new reporting this morning, i spoke to a source close to ivanka trump who told me, quote, everybody has been preserved on white house servers. The argument is that the emails she sent, they say, were sent to government employees. They hit the government server and their reading is that thats enough. Thats in compliance . Thats a big argument that Hillary Clinton made at the time as well. There was a lot of back and forth with government people. All of those things were preserved. If she didnt intentionally violate the president s records act, shes not going to be violating that law. The issue is the classified material and the political side. The judgment. I mean, are you kidding . I think its worse that she didnt set up a private server in the sense that that private server was secured. So youre using google or yahoo or whatever the case may be. Lets set up the possibility here. You now have a democratically controlled congress with the ability to subpoena and investigate. It was, of course, through a months long investigation that many of the revolutions about Hillary Clintons private email use became an issue because you discovered, you know, information in there that turned out to be classified, et cetera. We have a different dynamic, do we not, with this white house in a democratically controlled house . Certainly do. I would expect it will be really, really long. That the democrat appetite for investigating is just ravenous but especially there is still so much such a sense of grievance about the way Hillary Clinton was treated in the 2016 campaign in the sense that the president was dishonest, that the media was unfair about the emails and that i think it is hard to imagine an issue that democrats would relish more than doing after a member of trumps family for using private emails for government purposes. I do think, you know, it is sort of a the Hillary Clinton case is instructive in that we can speculate all day about where she may or may not be exposed or her spokes people can make arguments about intent. We will find out the truth about this at some point. Unless democrats feel their power and their fire power, if you will, in terms of where they put their energy should be focussed on the president ial investigations. To me thats one of the Big Questions of the new democratic majority, is how much you are going to have a focussed strategy for investigations and how much there will be stuff like this that is irresistible. When i asked the source minutes ago about the optics here, we dont need to play for you the lock her up chants, we have all heard them. I was told ivankas mindset is there is no mall intent and she is comfortable because there was no intent to avoid. She may be comfortable, but the question is how does this look . And she may have not had any intent. The problem is, we cant see her intent. So thats not for people to actually know. Its just they know that the fact that she was using private emails when this was a huge issue throughout the campaign. And it would seem like if anything you would ask about when you were transitioning into government after the 2016 campaign, it would be how should i which email should i use for official business . And so i think thats the question now. This is an administration that has a lot of things going on. So whether this really becomes a big issue, i dont know. But i think under other circumstances, this could get a lot of attention. Thank you all for being here. A lot to get to this morning. Also ahead for us, under pressure. A full report due today on the murder of the journalist. How will President Trump respond after he sees all of this laid out in front of him. And rain is set to bring some relief, but a whole new set of challenges and dangers in california. Well have the latest from the wild fires. And it is not a first for a president , but it would be for the current one. A trip to a combat zone. New listerine® ready tabs⢠arent gum, mints, or marbles. Seriously, what is this . If you guessed theyre tabs that turn into liquid as you chew, chkhashoggi breathe better. Sleep better. Breathe right. Your insurance rates skyrocket you could fix it with a pen. How about using that pen to sign up for new insurance instead . For drivers with accident forgiveness, Liberty Mutual wont raise their rates because of their first accident. Switch and you could save 782 on home and auto insurance. Call for a free quote today. Liberty mutual insurance. Liberty. Liberty. Liberty. Liberty. Whoa presenting the iwhats he doing . Come on, lets check it out nice. Hes pretty good at this. Hm its like a game gasps woohoo got it which car should we get . All of em ooh, yeah that one this one looks nice. Yes, and yes. I like this game. I think were winning delivery . Where . doorbell rings man its here what . announcer save 1,000 from carvana black friday through cyber monday. Then go see ralph breaks the internet, in theatres november 21st. Today, a cia report expected on the murder of the journalist Jamal Khashoggi and pressure is mounting on President Trump to take action against the saudis. This comes days after he publically said he did not know if if Saudi Crown Prince ordered the killing, even though the cia already concluded that he did. At the same time, saudi arabia is warning those who may want to punish the royal family not to cross a red line, saying the saudi king and the crown prince are off limits. Joining us live from turkey outside the saudi consulate. Quite a red line for the saudis to lay down here saying whatever the facts. Reporter intelligence is on this, including the possibility of mbss involvement, dont touch it. Well, you know, jim, as expected, officials are standing their ground when it comes to the crown prince defending him and insisting that he had nothing to do with the killing with Jamal Khashoggi. In an interview with the londonbased saudi newspaper was asked about these reports, including cnns reporting over the weekend about the ci as assessment that the crown prince ordered the killing of Jamal Khashoggi. And he says hes seen these reports, but, quote, he says they are based on an assessment not conclusive evidence. In any case, we in the kingdom know that such allegations about the crown prince are totally unfounded and we reject them categorically. He went on to say that the king and the crown prince are a red line for saudi arabia. We will not allow anyone to harm them or undermine them. He really criticized turkey saying they are politicizing this whole case and also accusing turn iaccuse ing turkish authorities of not sharing evidence saying they several times requested turkey hand over evidence. Turkey says it shared some of the evidence it has with a number of tiaryince sharing was confirmed. Well see what that report includes. Again, the president is going to get it today. What will he do with that information . Shawn turner is with us. It is important to note that the president has doubted and discounted some findings from u. S. Intelligence in the past. So it is a big question how much he will trust what is in that report and what he will most importantly do about it. Yeah. I think it is important to start from the perspective that this intelligence perspective is a high confidence intelligence assessment. The cia, the intelligence agencies have not only looked at organic intelligence as well as what we know about the way orders are dolled out in the kingdom. The president will get an assessment today that this happened and it will tell him that mbs was involved. Your right, absolutely. In the past he has doubted the Intelligence Community. There is a familiar pattern here. The president has sought to give the kingdom time to come up with a story that allowed for there to be some doubt as to what the facts are. And i think hes doing that again by waiting for this assessment to come in. It is my hope and i think it is the hope of everyone in the Intelligence Security and in the National Security space what when the president receives this assessment that he will take direct action to hold saudi arabia accountable. There are a number of things he can do along those lines. But what we cannot do is simply get this assessment and say hes still unsure about whether or not this happened. Shawn, as you know better than me, intelligence assessments, they are rief with judgment calls, right . And in this case, you do have intelligence provided by an overseas partner. That said, you know that intelligence professionals are by their nature kagy. They dont like to take risks. Does the Intelligence Community issue an assessment like this if it doesnt have the material to back it up . Absolutely not. We all understand that turkey may have alternate motives here. What theyre going to do is they are going to roll into the assessment those ideas that some individuals may want to shade or use the intelligence for political reasons. So this is not a case in which the Intelligence Agency would say we got intelligence from turkey. Not only the cia but other intelligence agencies would have looked at the intelligence. They would have done their own assessment and some agencies may not have assessed it with a high confidence. But in the end, you pull all that together, and in aggregate, it is a high confidence assessment. Shawn, let me ask you about what the, at least for now, chair of the Senate ForeignRelations Committee had to say. Yes, he is outgo