Transcripts For CNNW CNN Special Report 20170204 : vimarsana

Trumps travel ban. Bob ferguson saying, no one is above the law. Not even the president. That follows a week of protests at airports and across the country. But tonights ruling throws the nations immigration system into chaos once again. What will happen now . Got to figure it out for you. Lets discuss with rene hamarsh and jessica snyder. All a Alan Dershowitz. What does it mean . The judges order, is a national order, saying you have to have uniformity in the way immigration laws apply. It will apply equally to the west coast and the east coast. Kennedy airport to l. A. X. It is very broad. It goes through provisions of the executive order. And it says im staying this and staying that. In my view, i think its overbroad. It concludes at least that there is a plausible argument of unconstitutionality in relation, not only to people who are in the country, not only to people who already have visas, but perhaps, as well, to people have havent gotten visas from syria and other countries. My prediction is from the ninth circuit will limit this ruling, programs overruperhaps overrule. But i dont think the ruling as written, will be on appeal. And we have a massachusetts court, that has a thorough opinion, that comes to the opposite in many respects. It says this isnt a muslim ban. It doesnt involve violation of religious rights. We have a conflict in two different Federal District courts. They will both be appealed probably to the United States court of appeals. And then, eventually, to the Supreme Court, where it may be a44 decision. Imagine the following situation. The ninth circuit upholds this ruling. The Third Circuit upholds the ruling in the opposite way. And the Supreme Court affirms both rulings, 44, we have no decision. We have conflict. We have chaos. That could happen. We heard what the attorney general said. Lets hear what the white house is saying. They issued a statement, jessica. What are they going to do . Don, what a week of legal wrangling for the white house. Sean spicer issuing a lengthy statement. Saying in part, the department of justice would file an emergency stay of this order. We understand that the d. O. J. Will not be filing that appeal immediately. We probably wont see it tonight. Perhaps tomorrow. But in addition, sean spicers statement went on to say, that the president has Broad Authority in the white houses view to enact this sort of executive order. Of course, this is the type of statement and the steadfast response weve seen from the white house throughout the past week. This has been a week. To get caught up in the court, we saw federal judges weighing in on all of this. This was issued on friday. Weve seen a lot of this and throughout this the white house has remained steadfast in saying, this is legal. The office of Legal Counsel saying its legal. We saw the press conference, with Homeland Security secretary john kelly saying they had done everything right in laying this out. He helped draft this order. The white house remaining steadfast about this, saying this is legal, however, on the other side of things, tonight, were hearing from the democrats on this. We heard from Senate Minority leader, charles schumer. He put out a statement, as well. The senator saying this order, by the federal judge in washington, is a victory for the constitution. But the white house not remaining quiet on this. Issuing a lengthy statement saying the department of justice will, in fact, file that emergency stay of the order. Just waiting to see when that will happen. Jessica, all right. To rene marsh. Lets talk about the 100,000 people who have had their visas rescinded since this ban. Will those be reinstated . Don, at this point, we have not heard any official word from the white house, from dhs. We know that cvp custom and Border Protection spoke with the airlines. They have not released an official statement. All that being said, we know that about two hours ago, the customs and Border Protection spoke with all of the u. S. Major airlines. And essentially told them that things are going back to the way they were, prior to this executive order going into place. On that call, im told by a source on that call, customs and Border Protection was starting the process of reinsating the visas. How long will it be . How long will it be before people can show the visas to board planes . That part is unclear. Thats the word given to all of the major u. S. Carriers that the government was starting this process of reinstating those visas that were revoked. So, this is something that i havent thought about. What happens when the new attorney general, if Jeff Sessions, becomes the attorney general, when and if, what happens . Well, it sounds like Jeff Sessions would do exactly what the exacting attorney general has said. He said, the acting attorney general, sally yates, was fired, because she wasnt certain that the order was constitutional. As soon as dane thata bente was installed, he signed off on it. You can expect the new attorney general, Jeff Sessions would do the same. Was that you, alan . No . Was that douglas. Douglas, yeah. The american system, douglas, is constructed with checks and balances. Is this what were seeing and witnessing right now, in the epic battle between the branches of government . Yeah. Absolutely. I thought alan gave us a great scenario of how this would unfold. The checks and balances are coming into place. But the bigger problem is, what i mainly have my beef about, is the language and the way donald trump has been behaving the last week. Last weekend, he used the word ban. Then, its not really a ban. Yes, it is a ban. And tonight, the white house statement, they had only a few lines they had to put out on a statement tonight. And the first one said, outrageous. And the decision made in Washington State. And minutes later, the word outrageous is erased. This tells you the white house has a lot of contusion. Its keystone kops out there. The world is watching us right now. And they have to do a corrective on the language and slow things down a little at the Trump White House until they get their personnel in place. That is true. But look at the bright side, too. The president could have easily taken a position, if theres a Massachusetts Federal Court order, that he will follow. He could have said im going to ignore the Washington State order. He did not do that. He said were going to appeal it. Why do you think he didnt do that, alan . Im sure i think his lawyers have told him, look. You dont want to start out your presidency by being held in contempt by a District Court judge. And hes much better off appealing it. He can use whatever language he wants. But in the end, hes not going to defy a court order. And thats a positive and Important Development. Now, the concern is, at least the supporters of the ban and probably the authors of it, will say these bad dudes can now come into the country and we dont know for how long. Is that a Fair Assessment to say that, alan . No. I think first of all, the order will not aply to people who have not gotten visas. The ninth circuit will not give a new right. Nobody has ever before granted a right to a family in yemen, who wants to apply for a visa that has no contact with the United States. Theres no due process right. Theres no property right. Thats a very different situation from somebody who already has a visa. Somebody who has a green card. Somebody who is in the United States of america. So, whats needed here is a nuanced, calibrated, constitutional analysis, distinguishing the cases that are unconstitutional from those that might be constitutional. We havent gotten that. And that might come in the weeks to come but not in the hours to come. Rene, i asked you this question in 14 different ways, right . But the people who were previously barred, and who board a plane, can they come into the u. S. . Or is that not certain right now . This is why i never can tell you straight like you want me to. Im not thinking its your fault. Theres confusion about it. People are saying, can i stay . Can i go . Absolutely. Absolutely. I do not disagree. I think if youre a passenger who falls into this category, of course. Youre watching this and you have no idea what this means for you. All that being said, based on all of the information about what was discussed on that Conference Call tonight, between customs and Border Protection and airlines, i would say that would mean at some point, once the visas are reinstated, yes. They can come to the United States. Thats based on the information that i have from that source, the guidance that cbp has given airlines. Looking at that on its face. What cbp told airlines tonight. Yes, you would interpret that guidance, yes, an individual would be able to come to the United States. But they still need that visa reinstated. Hold that thought, alan. You will get the first word on the other side. This is our breaking news. Stick around, everyone. We come right back. More on our breaking news, the surprise ruling by a federal judge that shuts down President Trumps travel ban. Well be right back. That rug really tied the room together. Any questions . Bueller . Bueller . Thats the unlimited effect. Stream your entertainment and more with unlimited data when you switch to at t wireless and have directv. Plus, get the amazing new iphone 7 on us. Afoot and lighthearted i take to the open road. Healthy, free, the world before me, the long brown path before me leading wherever i choose. The east and the west are mine. The north and the south are mine. All seems beautiful to me. Tax refund, you can get an advance on that refund . [zombie] an advance on my tax refund. [john] doesnt take brains to see the value in that. [zombie] ha [john] arghh. [vo] you can get a refund advance of up to 1250 no interest at block. [john] get your taxes won. Were doing the wave htaking off with me y for 42 minutes hes been trying to bring an entire stadium to its feet. You missed it, buddy. Its all good. And much like this hero, courtyard is all about the game. One, two, three. Waaaaave hey, ready foyeah. Big meeting . Uh, hello . A meeting . Its a big one. Too bad. We are double booked diarrhea and abdominal pain. Why dont you start without me . Oh. Yeah. If youre living with frequent, unpredictable diarrhea and abdominal pain, you may have Irritable Bowel Syndrome with diarrhea, or ibsd. A condition that can be really frustrating. Talk to your doctor about viberzi, a different way to treat ibsd. Viberzi is a Prescription Medication you take every day that helps proactively manage both diarrhea and abdominal pain at the same time. So you stay ahead of your symptoms. Viberzi can cause new or worsening abdominal pain. Do not take viberzi if you have or may have had pancreas or severe liver problems, problems with alcohol abuse, longlasting or severe constipation, or a blockage of your bowel or gallbladder. If you are taking viberzi, you should not take medicines that cause constipation. The most common side effects of viberzi include constipation, nausea, and abdominal pain. Stay ahead of ibsd. With viberzi. Their competitors rates alongside their direct rate to save you money. But whats really going on . When played backwards at 1 8th speed you can clearly hear. What could that mean . Woman tom . Tom theyre just commercials. Or are they . Youre waking the neighbors. Well, mom, maybe the neighbors need to be woke. I think its actually awoken. No, that doesnt even seem right. No, its awoken. Revealing the truth to help you save. Back with me now, rene marsh, Alan Dershowitz, and douglas brinkley. Were trying to come to some consensus, as much as we could, Alan Dershowitz, with people who could not come back into the country. And you wanted to say . Alan . I think we alan cant hear me. Okay. So, rene douglas, lets move on to douglas. President trump fired the acting attorney general, sally yates, when she refused to defend this ban. She didnt think it was legal. Is part of the problem that the order was rushed . That it was not properly vetted . I think thats where the nut of this problem is. Thats why you have over 900 people in the state department complaining about it. It was done, almost, you know, in a way lighteningquick fashion, while so much was going on. And it blind sided people. And thats why you try not to do that. Now, this doesnt mean that donald trump is not going to recover. He can win this, it goes to appeals court, Supreme Court, 44. And then its decided in his favor, and he can claim this as a victory. But its putting us in a chaotic situation, in our country, and around the world right now. Youre starting to find the democrats finding their voice and opposition to trump. I thought on Anderson Cooper tonight, governor jay ensly was so articulate. And he is starting to be the new voice people are talk about. Not chuck schumer. Not nancy pelosi. A governor from the state of washington, the state of microsoft and boeing and amazon and all of the successful 21st century companies, saying globalization matters. We cannot start donald trump is taking on a lot of forces. Its not just a divided nation. By going so quickly, hes causing himself selfinflicted wounds. If he would have slowed this down a little, vetted things differently, we may not be in crisis mode for the last week on this issue. And the governor was on the show, said the same thing. Just a while ago. And, Alan Dershowitz got a chance to speak with him, as well. Alan, lets talk about what the governor says. The governor says, and you were there for the interview when i interviewed him, that the president is bound by the order from this judge right now. Thats what he believes. And he intended to fight this, as well. He is bound by the order. He may be bound by the order by the Federal District court. Lets play this out for a second. Lets assume that tomorrow, people get their visas back. And then, on monday or tuesday, the ninth circuit reverses that. The ninth circuit has 29 active judges. Ive argued several cases in front of the ninth circuit. They have the most liberal judges and among the most conservative judges. Who you pick is a question of the roulette wheel of justice. Nobody can tell you how the ninth circuit is going to come down. So, we have a situation where people may come into the country based on the judges order, if the airlines let them in, and then would have to leave the country on monday or tuesday, if the order is reversed by the ninth circuit. So, we really have a situation of chaos. Thats why this case has to be resolved quickly and definitively. And i think it will be resolved ultimately by the Supreme Court of the United States. Before i move on to laura and jessica. I want to ask you, alan, does this mean that this executive order is unconstitutional . Or is it just flawed . Legally . In my view, part of it is unconstitutional. And part of it is constitutional. And i dont think weve seen a nuanced, calibrated constitutional analysis yet. What does that mean . If you have a family in yemen that wants to come over and visit, and they are denied a visa, they have no standing. They have no connection. They have no property right. Its constitutional as it relates to them. Someone in the country that has a visa, and the visa is taken away on the basis of religious discrimination, that person may have standing. The governor of the state and the attorney general of the state of washington, claim they have standing on behalf of microsoft, and behalf of the university of washington. This is an extraordinarily complicated case. I could teach a seminar at Harvard Law School about this case. As a layperson, wouldnt whoever is looking at this and reviewing it, would they look at the entire, the totality of this executive order and say, you know, maybe theyll look at it and say, this wasnt put together properly. Theres too many elements as you say. Can they pull some element out and keep part of the legislation . Thats what i think the ninth circuit is going to do. Theyre going to say this is a devisable order. Some parts are probably constitutional. Some parts that are probably not. And remember, the burden of proof is heavily on the party seeking a stay. The court of washington said that was satisfied. The court in massachusetts said that burden wasnt satisfied. And so, we have conflicting opinions and chaos. Thats why the ultimate decision made by the Supreme Court, which is a 44, divided Supreme Court. This is fascinating and troubling and difficult. But the key is, our system of checks and balances is working. The president doesnt get to do what he wants without there being judicial review. Thats a great thing. Laura, i dont know if you can answer this. About how long this will take. I asked alan and the other attorney to explain the process here. The white house say theyre going to appeal this. How long will it take for an appeal . Do you have any idea . Its hard to say. The white house is saying theyre going to go, you know, as soon as possible to try to get an emergency stay of the order. But the Justice Department is saying not to expect an appeal or a stay tonight or overnight. And so, at the earliest, maybe tomorrow they could go into court and try to get one. But the appeal itself could take a while. And well have to see exactly on what grounds the Alan Dershowitz<\/a>. What does it mean . The judges order, is a national order, saying you have to have uniformity in the way immigration laws apply. It will apply equally to the west coast and the east coast. Kennedy airport to l. A. X. It is very broad. It goes through provisions of the executive order. And it says im staying this and staying that. In my view, i think its overbroad. It concludes at least that there is a plausible argument of unconstitutionality in relation, not only to people who are in the country, not only to people who already have visas, but perhaps, as well, to people have havent gotten visas from syria and other countries. My prediction is from the ninth circuit will limit this ruling, programs overruperhaps overrule. But i dont think the ruling as written, will be on appeal. And we have a massachusetts court, that has a thorough opinion, that comes to the opposite in many respects. It says this isnt a muslim ban. It doesnt involve violation of religious rights. We have a conflict in two different Federal District<\/a> courts. They will both be appealed probably to the United States<\/a> court of appeals. And then, eventually, to the Supreme Court<\/a>, where it may be a44 decision. Imagine the following situation. The ninth circuit upholds this ruling. The Third Circuit<\/a> upholds the ruling in the opposite way. And the Supreme Court<\/a> affirms both rulings, 44, we have no decision. We have conflict. We have chaos. That could happen. We heard what the attorney general said. Lets hear what the white house is saying. They issued a statement, jessica. What are they going to do . Don, what a week of legal wrangling for the white house. Sean spicer issuing a lengthy statement. Saying in part, the department of justice would file an emergency stay of this order. We understand that the d. O. J. Will not be filing that appeal immediately. We probably wont see it tonight. Perhaps tomorrow. But in addition, sean spicers statement went on to say, that the president has Broad Authority<\/a> in the white houses view to enact this sort of executive order. Of course, this is the type of statement and the steadfast response weve seen from the white house throughout the past week. This has been a week. To get caught up in the court, we saw federal judges weighing in on all of this. This was issued on friday. Weve seen a lot of this and throughout this the white house has remained steadfast in saying, this is legal. The office of Legal Counsel<\/a> saying its legal. We saw the press conference, with Homeland Security<\/a> secretary john kelly saying they had done everything right in laying this out. He helped draft this order. The white house remaining steadfast about this, saying this is legal, however, on the other side of things, tonight, were hearing from the democrats on this. We heard from Senate Minority<\/a> leader, charles schumer. He put out a statement, as well. The senator saying this order, by the federal judge in washington, is a victory for the constitution. But the white house not remaining quiet on this. Issuing a lengthy statement saying the department of justice will, in fact, file that emergency stay of the order. Just waiting to see when that will happen. Jessica, all right. To rene marsh. Lets talk about the 100,000 people who have had their visas rescinded since this ban. Will those be reinstated . Don, at this point, we have not heard any official word from the white house, from dhs. We know that cvp custom and Border Protection<\/a> spoke with the airlines. They have not released an official statement. All that being said, we know that about two hours ago, the customs and Border Protection<\/a> spoke with all of the u. S. Major airlines. And essentially told them that things are going back to the way they were, prior to this executive order going into place. On that call, im told by a source on that call, customs and Border Protection<\/a> was starting the process of reinsating the visas. How long will it be . How long will it be before people can show the visas to board planes . That part is unclear. Thats the word given to all of the major u. S. Carriers that the government was starting this process of reinstating those visas that were revoked. So, this is something that i havent thought about. What happens when the new attorney general, if Jeff Sessions<\/a>, becomes the attorney general, when and if, what happens . Well, it sounds like Jeff Sessions<\/a> would do exactly what the exacting attorney general has said. He said, the acting attorney general, sally yates, was fired, because she wasnt certain that the order was constitutional. As soon as dane thata bente was installed, he signed off on it. You can expect the new attorney general, Jeff Sessions<\/a> would do the same. Was that you, alan . No . Was that douglas. Douglas, yeah. The american system, douglas, is constructed with checks and balances. Is this what were seeing and witnessing right now, in the epic battle between the branches of government . Yeah. Absolutely. I thought alan gave us a great scenario of how this would unfold. The checks and balances are coming into place. But the bigger problem is, what i mainly have my beef about, is the language and the way donald trump has been behaving the last week. Last weekend, he used the word ban. Then, its not really a ban. Yes, it is a ban. And tonight, the white house statement, they had only a few lines they had to put out on a statement tonight. And the first one said, outrageous. And the decision made in Washington State<\/a>. And minutes later, the word outrageous is erased. This tells you the white house has a lot of contusion. Its keystone kops out there. The world is watching us right now. And they have to do a corrective on the language and slow things down a little at the Trump White House<\/a> until they get their personnel in place. That is true. But look at the bright side, too. The president could have easily taken a position, if theres a Massachusetts Federal Court<\/a> order, that he will follow. He could have said im going to ignore the Washington State<\/a> order. He did not do that. He said were going to appeal it. Why do you think he didnt do that, alan . Im sure i think his lawyers have told him, look. You dont want to start out your presidency by being held in contempt by a District Court<\/a> judge. And hes much better off appealing it. He can use whatever language he wants. But in the end, hes not going to defy a court order. And thats a positive and Important Development<\/a>. Now, the concern is, at least the supporters of the ban and probably the authors of it, will say these bad dudes can now come into the country and we dont know for how long. Is that a Fair Assessment<\/a> to say that, alan . No. I think first of all, the order will not aply to people who have not gotten visas. The ninth circuit will not give a new right. Nobody has ever before granted a right to a family in yemen, who wants to apply for a visa that has no contact with the United States<\/a>. Theres no due process right. Theres no property right. Thats a very different situation from somebody who already has a visa. Somebody who has a green card. Somebody who is in the United States<\/a> of america. So, whats needed here is a nuanced, calibrated, constitutional analysis, distinguishing the cases that are unconstitutional from those that might be constitutional. We havent gotten that. And that might come in the weeks to come but not in the hours to come. Rene, i asked you this question in 14 different ways, right . But the people who were previously barred, and who board a plane, can they come into the u. S. . Or is that not certain right now . This is why i never can tell you straight like you want me to. Im not thinking its your fault. Theres confusion about it. People are saying, can i stay . Can i go . Absolutely. Absolutely. I do not disagree. I think if youre a passenger who falls into this category, of course. Youre watching this and you have no idea what this means for you. All that being said, based on all of the information about what was discussed on that Conference Call<\/a> tonight, between customs and Border Protection<\/a> and airlines, i would say that would mean at some point, once the visas are reinstated, yes. They can come to the United States<\/a>. Thats based on the information that i have from that source, the guidance that cbp has given airlines. Looking at that on its face. What cbp told airlines tonight. Yes, you would interpret that guidance, yes, an individual would be able to come to the United States<\/a>. But they still need that visa reinstated. Hold that thought, alan. You will get the first word on the other side. This is our breaking news. Stick around, everyone. We come right back. More on our breaking news, the surprise ruling by a federal judge that shuts down President Trump<\/a>s travel ban. Well be right back. That rug really tied the room together. Any questions . Bueller . Bueller . Thats the unlimited effect. Stream your entertainment and more with unlimited data when you switch to at t wireless and have directv. Plus, get the amazing new iphone 7 on us. Afoot and lighthearted i take to the open road. Healthy, free, the world before me, the long brown path before me leading wherever i choose. The east and the west are mine. The north and the south are mine. All seems beautiful to me. Tax refund, you can get an advance on that refund . [zombie] an advance on my tax refund. [john] doesnt take brains to see the value in that. [zombie] ha [john] arghh. [vo] you can get a refund advance of up to 1250 no interest at block. [john] get your taxes won. Were doing the wave htaking off with me y for 42 minutes hes been trying to bring an entire stadium to its feet. You missed it, buddy. Its all good. And much like this hero, courtyard is all about the game. One, two, three. Waaaaave hey, ready foyeah. Big meeting . Uh, hello . A meeting . Its a big one. Too bad. We are double booked diarrhea and abdominal pain. Why dont you start without me . Oh. Yeah. If youre living with frequent, unpredictable diarrhea and abdominal pain, you may have Irritable Bowel Syndrome<\/a> with diarrhea, or ibsd. A condition that can be really frustrating. Talk to your doctor about viberzi, a different way to treat ibsd. Viberzi is a Prescription Medication<\/a> you take every day that helps proactively manage both diarrhea and abdominal pain at the same time. So you stay ahead of your symptoms. Viberzi can cause new or worsening abdominal pain. Do not take viberzi if you have or may have had pancreas or severe liver problems, problems with alcohol abuse, longlasting or severe constipation, or a blockage of your bowel or gallbladder. If you are taking viberzi, you should not take medicines that cause constipation. The most common side effects of viberzi include constipation, nausea, and abdominal pain. Stay ahead of ibsd. With viberzi. Their competitors rates alongside their direct rate to save you money. But whats really going on . When played backwards at 1 8th speed you can clearly hear. What could that mean . Woman tom . Tom theyre just commercials. Or are they . Youre waking the neighbors. Well, mom, maybe the neighbors need to be woke. I think its actually awoken. No, that doesnt even seem right. No, its awoken. Revealing the truth to help you save. Back with me now, rene marsh, Alan Dershowitz<\/a>, and douglas brinkley. Were trying to come to some consensus, as much as we could, Alan Dershowitz<\/a>, with people who could not come back into the country. And you wanted to say . Alan . I think we alan cant hear me. Okay. So, rene douglas, lets move on to douglas. President trump fired the acting attorney general, sally yates, when she refused to defend this ban. She didnt think it was legal. Is part of the problem that the order was rushed . That it was not properly vetted . I think thats where the nut of this problem is. Thats why you have over 900 people in the state department complaining about it. It was done, almost, you know, in a way lighteningquick fashion, while so much was going on. And it blind sided people. And thats why you try not to do that. Now, this doesnt mean that donald trump is not going to recover. He can win this, it goes to appeals court, Supreme Court<\/a>, 44. And then its decided in his favor, and he can claim this as a victory. But its putting us in a chaotic situation, in our country, and around the world right now. Youre starting to find the democrats finding their voice and opposition to trump. I thought on Anderson Cooper<\/a> tonight, governor jay ensly was so articulate. And he is starting to be the new voice people are talk about. Not chuck schumer. Not nancy pelosi. A governor from the state of washington, the state of microsoft and boeing and amazon and all of the successful 21st century companies, saying globalization matters. We cannot start donald trump is taking on a lot of forces. Its not just a divided nation. By going so quickly, hes causing himself selfinflicted wounds. If he would have slowed this down a little, vetted things differently, we may not be in crisis mode for the last week on this issue. And the governor was on the show, said the same thing. Just a while ago. And, Alan Dershowitz<\/a> got a chance to speak with him, as well. Alan, lets talk about what the governor says. The governor says, and you were there for the interview when i interviewed him, that the president is bound by the order from this judge right now. Thats what he believes. And he intended to fight this, as well. He is bound by the order. He may be bound by the order by the Federal District<\/a> court. Lets play this out for a second. Lets assume that tomorrow, people get their visas back. And then, on monday or tuesday, the ninth circuit reverses that. The ninth circuit has 29 active judges. Ive argued several cases in front of the ninth circuit. They have the most liberal judges and among the most conservative judges. Who you pick is a question of the roulette wheel of justice. Nobody can tell you how the ninth circuit is going to come down. So, we have a situation where people may come into the country based on the judges order, if the airlines let them in, and then would have to leave the country on monday or tuesday, if the order is reversed by the ninth circuit. So, we really have a situation of chaos. Thats why this case has to be resolved quickly and definitively. And i think it will be resolved ultimately by the Supreme Court<\/a> of the United States<\/a>. Before i move on to laura and jessica. I want to ask you, alan, does this mean that this executive order is unconstitutional . Or is it just flawed . Legally . In my view, part of it is unconstitutional. And part of it is constitutional. And i dont think weve seen a nuanced, calibrated constitutional analysis yet. What does that mean . If you have a family in yemen that wants to come over and visit, and they are denied a visa, they have no standing. They have no connection. They have no property right. Its constitutional as it relates to them. Someone in the country that has a visa, and the visa is taken away on the basis of religious discrimination, that person may have standing. The governor of the state and the attorney general of the state of washington, claim they have standing on behalf of microsoft, and behalf of the university of washington. This is an extraordinarily complicated case. I could teach a seminar at Harvard Law School<\/a> about this case. As a layperson, wouldnt whoever is looking at this and reviewing it, would they look at the entire, the totality of this executive order and say, you know, maybe theyll look at it and say, this wasnt put together properly. Theres too many elements as you say. Can they pull some element out and keep part of the legislation . Thats what i think the ninth circuit is going to do. Theyre going to say this is a devisable order. Some parts are probably constitutional. Some parts that are probably not. And remember, the burden of proof is heavily on the party seeking a stay. The court of washington said that was satisfied. The court in massachusetts said that burden wasnt satisfied. And so, we have conflicting opinions and chaos. Thats why the ultimate decision made by the Supreme Court<\/a>, which is a 44, divided Supreme Court<\/a>. This is fascinating and troubling and difficult. But the key is, our system of checks and balances is working. The president doesnt get to do what he wants without there being judicial review. Thats a great thing. Laura, i dont know if you can answer this. About how long this will take. I asked alan and the other attorney to explain the process here. The white house say theyre going to appeal this. How long will it take for an appeal . Do you have any idea . Its hard to say. The white house is saying theyre going to go, you know, as soon as possible to try to get an emergency stay of the order. But the Justice Department<\/a> is saying not to expect an appeal or a stay tonight or overnight. And so, at the earliest, maybe tomorrow they could go into court and try to get one. But the appeal itself could take a while. And well have to see exactly on what grounds the Justice Department<\/a> tries to challenge this order. So, jessica, the president is at maralago. And the question is, does he have his advisers around him . Who is there with him, advising him now . Im sure that many of them, if not all of them, are watching right now. Right. You know, don, this has been a legal and political hot potato all week long. It was one week ago, that President Donald Trump<\/a> signed this executive order. And almost immediately protests started throughout the country. We saw the legal wranglings pop up in federal carts across the country. He is at maralago. He arrived about 5 00 tonight. Joining him, his chief strategist, steve bannon. And Jared Kushner<\/a>, and they are all here at maralago. This is supposed to be a lowkey weekend. Donald trump is going to be here at the winter white house, as they like to call it, over the weekend. He had plans to have meets and phone calls with his aides and staffers. In addition he was supposed to and probably will still attend the International Red<\/a> cross ball. Its a gala thats held every year. This is the 60th anniversary of it. Most years it is held at maralago. It is a tradition started in the 1950s. We waited until we heard from the white house. We got a statement from sean spicer tonight. A lengthy statement talking about the d. O. J. s plans to file that emergency stay. And also, reiteratiing that the white house believes they are on Firm Legal Footing<\/a> with this. The president has the power tone act this sort of executive order. That is the line they have remained with throughout this past week. And its the line theyre sticking to tonight. It will be interesting to see as this weekend unfolds, how this might derail some of the other plans the other phone calls, the other meetings, that the president planned to have. He does have all of his top advisers with him here at maralago for the entire weekend. Rene, let me ask you this question. We talked about confusion for people who be traveling, and if they can get back in because they dont know what happened. Should customs and Border Protection<\/a> agents, should they be confused right now . Or do they have the marching orders to let people in . For clarity. For clariirrityclarity, whatg told, is some guidance has been put out tonight. So, airlines can you imagine being one of the agents . What do you do . What dont you do . Right. So, the guidance that was put out tonight, i know, in speaking to several people within several different airlines, that their position is, were going to follow what we were told at 9 00 tonight, unless were told otherwise. So, to answer your question, don, i believe that the guidance they got at 9 00 p. M. Is going to be the rule until someone says its not the rule. So, thats the way at least the airlines are looking at all of this. Its the sensible way a sensible way, resolving this. Maintain the status quo. Dont throw anybody out. Dont give anybody new visas. Keep the thing in status quo. Dont have anybody do anything dramatic. Take a deep breath and wait for the courts to decide. It would be a mistake to start letting people in when they may have to be thrown out or throwing them out when they have to come back in. Status quo seems to be the right approach. Easy for you to say, alan. I dont think its going to work out that way, given what we have witnessed in the last week. Were all on here talking about this ban in a different way. And here we are tonight. Thank you. I appreciate it, panel. More on the breaking news, after this break. Oh, did i say theres only one special edition . Because, actually theres 5. Aaaahh ooohh uh holy mackerel. Wow. Nice. Strength and style. Which ones your favorite . Come home with me its truck month find your tag for an average total value over 11,000 on Chevy Silverado<\/a> all star editions when you finance through gm financial. Find new roads at your local chevy dealer. They carry your fans shpassions, hopes, and dreams. S. And maybe, a chance at greatness because shoulders were made for greatness. Not dandruff. Stop clicking around. Travel sites to find a better price. The lowest prices on our hotels are always at hilton. Com. So pay less and get more only at hilton. Com. Shocked by your wireless bill every month . Additional fees. Tacked on taxes. Come on with tmobile one, taxes and fees are now included get 4 lines of unlimited lte data for 40 bucks each. Thats right all unlimited. All in and now, for a limited time save more than you pay in taxes on all smartphones. So switch to tmobile and save hundreds vs. The other guys. Its better than a tax holiday and its only at tmobile. More breaking news, now. New details emerging tonight about President Trump<\/a>s Business Empire<\/a> and the trust he set up before he took the oath of office. Joining me now on the phone is eric lipton. He is one of the reporters who broke the story. Eric, thank you so much. This is fascinating. The New York Times<\/a> and propublica, got records pertaining to the president s trust. What do they show . January 11th, the president elect announced he would put the businesses in a trust that would separate them from the operation of the company. But he didnt say what kind of trust it would be. Could the beneficiary revoke the trust when he wanted to . And who owns the trust . We had the documents who eventually surfaced. Goat to copies of them. And what we learned is that at any point that donald trump wants to, he can revoke this trust and take back control of these businesses, while hes president. Hes the full beneficiary. Its one of his seeons and the chief Financial Officer<\/a> of his company that are the trustees. Hes still the Beneficial Owner<\/a>. This is a very substantive change in his financial relationship with the a assets that he previously owned. You said it can be revoked at any time. What does that mean . Theres two types of trusts you can create. He basically still controls this trust and the businesses because the trustees are at his will. And so, its not theres not a great deal of separation between him, as the sole beneficiary of this revokable trust, and the way its set up, does not have a clear separation from him, is what were reporting. I dont want to put words in your mouth. But do these the information in the documents you got, cause it show this is somewhat of a smokescreen . That his children are just figure heads at this point . I mean, he owns the assets. He is the sole beneficiary of it. It is still on his tax return. And so, and his children are acting under his orders because they are the trustees to a revokable trust that he created. The lawyers who looked at it said this is very little difference from the operation he said before, legally speaking. Does this does the trust, eric, do anything to prevent conflicts of interest . Its the most important come conflict is faced that the fact he is a tenet, in the Old Post Office<\/a> building, where the Trump International<\/a> hotel is. Theres a provision in the lease there that seems to suggest that a federallyelected official cannot hold a lease to that building. And this trust does not resolve that apparent breach in the lease. The president said, i am sure you heard him say this, that by law, he cant have conflicts of interest. Is he correct . Legally, he does not have a conflict of interest. But he can have the appearance of a conflict of interest because he can take an act that appears to benefit his finances. And if his children are running his business, and he controls the trust that can be revoked, then theres not much of a division between his businesses and the actions he takes as president. Thats the concern. Its not a blind trust. Its not an irrevocable trust. Its a revokable trust that hes the sole beneficiary. It sounds complicated and legal. But to the lawyers that we spoke with, this is more of an artificial separation than a significant barrier between him and the countries that he used to run. And you articulated it. Its an artificial separation. Its not worth the paper its written on. I mean, he is no longer legally the title holder of the businesses he once controlled. But he is the Beneficial Owner<\/a> of those businesses today. And so, therefore, for that purpose, for that reason, the lawyers they spoke with said they did not see a significant difference. Eric lipton, New York Times<\/a>, investigative reporter. Thank you so much. Thank you. Sorry this is so complicated. I appreciate it. When we come back, more on the surprise ruling, of a federal judge shutting down the president s travel ban. What will be the administrations next step . Take . Or the irs sends you a letter . Forget the computer. Go with a Jackson Hewitt<\/a> tax pro. Imy moderate to severeng crohns disease. I didnt think there was anything else to talk about. But then i realized there was. So, i finally broke the silence with my doctor about what i was experiencing. He said humira is for people like me who have tried other medications but still experience the symptoms of moderate to severe crohns disease. In clinical studies, the majority of patients on humira saw significant symptom relief. And many achieved remission. Humira can lower your ability to fight infections, including tuberculosis. Serious, sometimes fatal infections and cancers, including lymphoma, have happened; as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure. Before treatment, get tested for tb. Tell your doctor if youve been to areas where certain fungal infections are common, and if youve had tb, hepatitis b, are prone to infections, or have flulike symptoms or sores. Dont start humira if you have an infection. If youre still just managing your symptoms, talk with your gastroenterologist about humira. With humira, remission is possible. Were doing the wave htaking off with me y for 42 minutes hes been trying to bring an entire stadium to its feet. You missed it, buddy. Its all good. And much like this hero, courtyard is all about the game. One, two, three. Waaaaave the promatte sensation. From loreal. Intense color, ultra matte finish. Feels so velvety soft. Highimpact matte color that lasts. Matte has never been so addictive. Infallible. The matte gloss from loreal makeup designer paris. Even more news tonight on a busy news night. A busy news night. Breaking news. President trumps nominee for secretary of the army, vincent vi viola, is withdrawing. He will not accept the nomination to serve as secretary of the army. He is separationing him the organizations he has built over the last 35 years have proven insurmountable. There was tension with mattis over violas selection, which happened without secretary mattis input. Interesting development there. I want to bring in John Fedarcyk<\/a> and bill press. Lets talk about this before we get to the ban. I had gotten information on that and other issues as it concerns to the white house, from a source that has close knowledge of this. This speaks to the power play at the white house, between priebus and bannon. You first. It is intrigue that seems to be behind this. Maybe more than that. In a sense, this is a very Important Development<\/a> because i think weve seen and youve been talking about it almost all night, signs of the need for a grownup in the white house. Somebody who is going to get things under control. Somebody that will make sure things are done right, and not just rushed out, like i think the immigration ban was. And priebus is the grownup trying to get control. And steve bannon has had more influence on President Trump<\/a>. Maybe this is prebus way of saying, you see what happens when you dont listen to me . You dont listen to a washington insider. You get in trouble. And so, this one, i would say, would be a victory for priebus. If it is a victory, its shortlived. Theres a faction two factions in the white house battling in the west wing. The movement, the trump conservatives and loyalists that have been there since day one that believe and understand why trump one. Then, theres the rinse priebus faction. Hes brought in the majority of his staff. Trump made him chief of staff to do one thing, make the trains run on time. Get his legislation through congress. Hes got the relationship with paul ryan and others. This is the battle in the west wing. The other faction, Kellyanne Conway<\/a>, who is the spirit and the face of the movement, this battle is going to go on for some time. Priebus job is to get the agenda through congress. The other counselors President Trump<\/a> has, Kellyanne Conway<\/a>, steve bannon, Jared Kushner<\/a>, these are people that believe in that movement. They believe in why trump won, they understand it. But the loyalists are the ones that have gotten him in trouble so far with the travel ba ban. And the other issues they are acting too quickly. If it wasnt for the loyalists, there would be no President Trump<\/a>. Thats the bottom line. Reince priebus. For rubio, bush, it doesnt matter. Their political operative. He is the president of the United States<\/a>. Okay . Now, its different agenda. Its a way to get things done. Thats not the same as campaigning. Havent they learned that . Theres a difference between campaigning and governing. And i think the chaos of the last couple of weeks shows, that bannon and Kellyanne Conway<\/a> ought to step back and let somebody else run the show. Because of that infighting, i hear they will say, things are great. Theres no infighting. Thats why its like a leaky faucet, this white house. Look, bill and don, i get what youre saying. But the reason why President Trump<\/a> put Reince Priebus<\/a> as chief of staff and not Corey Lewandowski<\/a> or the other loyalists, is for one reason. Get his agenda through congress. He made a calculating business decision and well see what plays out. He hasnt gotten anything through congress yet, john. Hes done executive orders. Thats why hes there. The influence of policy, the influence of policy is dominated by ivanka trump, Jared Kushner<\/a>, Kellyanne Conway<\/a> and steve bannon. Hold on, bill. Hold on. Quickly. Go ahead. The people who have influence who has the president s ear, right . They the people who dont, and who are maybe theyre more traditional in the politics, they feel they cannot get the message to the president unless they do it through a news program. And so, thats where the leaks are coming from because the only way the president will hear them, is through watching this show, or watching wolf blitzer or watching Anderson Cooper<\/a>. Thats where the leaks are coming from. What does that say about a white house that people who are there who helped him and want to help him, cant even the president cant hear them. Doesnt even hear them. I think its a white house that is in total chaos and confusion. But i want to pick up that point. Lets say, the true believers say we promised a ban on muslims. Were going to deliver it. Were going to dmrifr it in the first week. Okay. But then, you need somebody to say, heres how you have to do it. You have to listen to them. You have to talk to the right people and make sure an executive order on extreme vetting is itself properly vetted. You dont just rush it out. Extremely vetted. Exactly. They didnt do so. What did they accomplish . All they accomplish is, theyve got one hell of a mess on their hands. Its embarrassing. Its chaos. Its confusion. Its unnecessary. They should have listened to Reince Priebus<\/a>. Here i am, defending Reince Priebus<\/a>. Jesus. Thats a start. But look, this is a political revolution. You guys dont understand why trump won. Its amazing. Reince priebus we do. Half of staff in the west wing that donald trump brought in in order to get his legislation through congress and get things done, have no earthly idea how he won, what the base is, what the movement is. They have no idea. Any of these people should be working. Thats not fair. Any of the people could be working for rubio, john kasich, theyre political operatives. Kushner, Kellyanne Conway<\/a>, the face and the spirit of the movement. Steve bannon. These are the people that have the influence john, were going in circles here. Let me ask you this maybe those people maybe those people know how to not im giving the reality of whats going on. This is a political revolution. Maybe the people youre talking about know how to not have a travel ban be halted. Well, the travel ban has nothing to do with it. Yes, it does. We have one judge in seattle that makes a decision i have to take a break. Thats all were talking about, john. Thats all were talking about. Thats the breaking news. Stand by. We have to take a break. Well talk on the other side of the break. Stand by. Stand by. Well be right back. My business was built with passion. But i keep it growing by making every dollar count. Thats why i have the spark cash card from capital one. With it, i earn unlimited 2 cash back on all of my purchasing. And that unlimited 2 cash back from spark means thousands of dollars each year going back into my business. Which adds fuel to my bottom line. Whats in your wallet . Hey, ready foyeah. Big meeting . Uh, hello . A meeting . Its a big one. Too bad. We are double booked diarrhea and abdominal pain. Why dont you start without me . Oh. Yeah. If youre living with frequent, unpredictable diarrhea and abdominal pain, you may have Irritable Bowel Syndrome<\/a> with diarrhea, or ibsd. A condition that can be really frustrating. Talk to your doctor about viberzi, a different way to treat ibsd. Viberzi is a Prescription Medication<\/a> you take every day that helps proactively manage both diarrhea and abdominal pain at the same time. So you stay ahead of your symptoms. Viberzi can cause new or worsening abdominal pain. Do not take viberzi if you have or may have had pancreas or severe liver problems, problems with alcohol abuse, longlasting or severe constipation, or a blockage of your bowel or gallbladder. If you are taking viberzi, you should not take medicines that cause constipation. The most common side effects of viberzi include constipation, nausea, and abdominal pain. Stay ahead of ibsd. With viberzi. More doing chores for dad per roll more earning something you love per roll bounty is more absorbent, so the roll can last 50 longer than the leading ordinary brand. So you get more life per roll. Bounty, the quicker picker upper afoot and lighthearted i take to the open road. Healthy, free, the world before me, the long brown path before me leading wherever i choose. The east and the west are mine. The north and the south are mine. All seems beautiful to me. Back with me is john frederickson. Palace intrigue. You said his core believers, the president s core believers are the ones who were there in iran. I have to say you are wrong. None of the people who believed in him are in the white house right now. The only person if you can say is a true believer is cory and Kellyanne Conway<\/a> was not there. She was brought in two or three months before the election and the same with steve bannon. They were brought in at the same time. Those are not true believers at the white house with him. Look, Kellyanne Conway<\/a> although she was with the ted cruz pack has been there in spirit with us from the beginning. She believes in the same thing and so does steve bannon. The point of the matter is Jared Kushner<\/a> has been there from day one. Thats the linchpin. This is probably the most important, most significant counsellor that President Trump<\/a> has. For those that believe in his movement, his son in law, Jared Kushner<\/a> is there. A lot of these people that have come in, they are republican political operatives. They have come in to make the trains run on time. We will see how it plays out. If they are successful, they will stay. If they are not, they wont. Thats the bottom line. Last word. I would like to go back and repeat all the things that Kellyanne Conway<\/a> said about donald trump. Not to beat up on her because that happens. I know. She was not there and she ran for the super pac and said he built his business on the backs of poor people and should release his taxes and didnt have a strategy and wasnt fit for office or something to that effect. She was not on board with him. And the tape speaks for himself. We have all the tapes. Lets move on now. Stunning news as a natural judge and the president s travel ban nationwide. Whats your reaction . Look, there are judges that are going to make decisions in lower courts all the time. The bottom line is this president , President Trump<\/a> has made a decision. This is not a travel ban for muslims. Its not a muslim ban. What he said is 90 days or 120 days. Im going to do exactly what i said in the campaign for 18 months. Im going to have extreme vetting and make sure people who come in are not potential terrorists. The other thing he said, don and bill, im not going to telegraph my moves ahead of time so that the enemy or the bad actors can take advantage of the loopholes. Im going to be surprising people and im going to do it without any notice. Hes done exactly what he said he was going to do. We will let this thing play out. One judge said its fine and one isnt. Its going to end up going to the supreme the president has the right to determine who comes into this country. Hold on. I want to you listen to this. Heres the governor from Washington State<\/a>. So i only want to talk about aliens. What they call aliens. The microsoft nrnls. They are boeing fields men and cancer researchers and students at the university of washington who are respecting build my state economically and this order hurts my whole states economy besides being unconstitutional. Im glad this federal court stood up and provided what this nation needs which are checks and balances. We expect this president to follow them. He has a right to appeal and will do so, but the values of this country will be defended in court. Including the people affected by this as a 4monthold little iranian girl who needed heart surgery has three grandparents from oregon. This is whats happening now. Before you respond. Whenever there is a child involved, thats unfortunate, but the driving force behind this is not this 5yearold child or 3yearold child. Four months or any child. Go ahead, bill. Its not we are running out of time. The driving force behind this, don, is the international globalist slave trade. Stop, stop, stop, stop the driving force behind this is donald trump who doesnt know the law, doesnt know the constitution and is acting illegally, unconstitutional in an unamerican fashion and destroying the image of the United States<\/a> around the world. If he wanted to do Something Like<\/a> this, there was a way to do it and this is not the way. I want to read if i can. This is the wall street journal. The wall street journal said this thing was so poorly explained and prepared for, approximate produced confusion and fear at airports and an immediate defeat at home and abroad. This is a disaster and it was not thought through. It shows that donald trump and his team are not ready for prime time. We have got to go. Thank you. We didnt even get to talk about bowling green. Next time. Thank you very much. I appreciate it. A program note for you as soon as sanders and cruz go head to head in a live cnn debate. Tuesday night at 9 00. Thats it for us. Thank you so much for watching. Breaking News Coverage<\/a> will continue in a moment with Linda Kincaid<\/a> and michael holmes. Enjoy your weekend. Mpliance tra. 6 30 . Sams baseball practice. 8 30 . Tai chi. Yeah, so sounds relaxing. Alright, 9 53 . I usually make their lunches then, and i have a little vegan so wow, you are busy. Wouldnt it be great if you had investments that worked as hard as you do . Yeah. Introducing essential portfolios. The automated investing solution that lets you focus on your life. Bring you more ways to helps reduce calories from sugar. With more great tasting beverages with less sugar or no sugar at all, smaller portion sizes, clear calorie labels, and signs reminding everyone to think balance before choosing their beverages. We know you care about reducing the sugar in your familys diet, and were working to support your efforts. More beverage choices. Smaller portions. Less sugar. Balanceus. Org. And i finally found our big idaho potato truck. Its been touring the country telling folks about our heart healthy idaho potatoes, americas favorite potatoes, and donating to local charities along the way. But now its finally back home where it belongs. Aw man. Hey, wait up. Where you goin . Here we go again. Live from cnns world headquarters, welcome to our viewers in the United States<\/a>. Im Linda Kincaid<\/a>. We are covering breaking news on Donald Trumps<\/a> travel ban. Heres what we know. The white house is firing back after a u. S. Federal judge put a","publisher":{"@type":"Organization","name":"archive.org","logo":{"@type":"ImageObject","width":"800","height":"600","url":"\/\/ia802907.us.archive.org\/35\/items\/CNNW_20170204_040000_CNN_Special_Report\/CNNW_20170204_040000_CNN_Special_Report.thumbs\/CNNW_20170204_040000_CNN_Special_Report_000001.jpg"}},"autauthor":{"@type":"Organization"},"author":{"sameAs":"archive.org","name":"archive.org"}}],"coverageEndTime":"20240617T12:35:10+00:00"}