Investigation finds serious flaws. For instance, analysts that cant speak arabic. Lets get to it. Senate judiciary committed has postponed their vote on the attorney general nominee Jeff Sessions one day after trump fired sally yates for refusing to defend his controversial travel ban. The committee was set to vote on sessions today. Democrats used senate rules to delay the vote till tomorrow. This comes after sessions said he played no part in helping the white house draft the immigration order. The republican senator from alabama was one of candidate trumps early supporters. If he does get approval, and we expect he would, he will play a major role enforcing that ban along with immigration officials and the department of Homeland Security. John kelly just hours ago defended the president s order. He called it long overdue and promised to carry it out humanely. Officials at american airports over the weekend detained dozens of travelers from seven muslim nations including immigrants with valid visas. The executive order has sparked lawsuits. The acting attorney general, sally yates, refused to defend the ban and President Trump fired her for it. Yates wrote in part yesterday, im responsible for ensuring the positions we stay in court remain consistent with this constitutions solemn obligation to always seek justice and stand for what is right. At present, im not convinced the defense of the executive order is consistent with these responsibilities, nor am i convinced the executive order is lawful. Legal analysts say federal law allows president s to block immigrants that detrimental to the interests of the United States, but at least one lawsuit claims President Trump violated the immigration and naturalization about of 1965. It bans the government from discriminating against immigrants based on their nationalities or countries of origin. Senator sessions has not spoken publicly about this executive order, but he once pressed sally yates herself on her duty to stand up to then president obama if she disagreed with him. This happened during a confirmation hearing for yates in 2015. If the president wants to execute unlawful, should the attorney general or the Deputy Attorney general say no . Senator, i believe the attorney general or Deputy Attorney general has an obligation to follow the law and the constitution and to give their independent legal advice to the president. Democrats and some republicans have been pushing back against the travel ban. Gop senators john mccain and Lindsey Graham have called it a selfinflicted wound in the fight air terrorism. Paul ryan defended the order but said confusion over the rollout was regrettable. These countries were named by the Obama Administration. Theres an issue with respect to terrorists trying to infiltrate our refugee population. Theres nothing wrong with taking a pause and making sure we have the proper vetting standards in place so we dont have a problem like france had with paris. Congressional leaders say the ban blindsided them and they first heard about it from news reports. Mike emanuel is on capitol hill. First, john roberts on the north lawn this afternoon. What is the latest on the lawsuit that target this travel ban. Shep, good afternoon. You can add Eric Snyderman to the lists of attorneys general that are filing suit to try to stop the travel ban. Schneiderman is juning the lawsuit in a Brooklyn Court saturday night. No surprise he would do that. Schneider man has never been a fan of the president. The president call schneider man a partisan hack. The two of them dont see eye to eye nor do they get along. Its no surprise to see hes in couldnt against this president. The president did get some support from his secretary of homeland of security, general john kelly. He said this order was needed saying its much easier to defend from the 50 yard line than it is to defend from the one yard line. Joining together with the press secretary against these reports that he was out of the loop during the rollout, both men said they were fully informed and that the secretary knew everything there was to know about this. Heres both men this afternoon. The secretary detailed multiple occasions in which he was briefed on it. His staff made edits to it. What were trying to do is make sure that people understand what happened, what the process was and what the order does. We had high levels of government lawyers from across the interagency including Homeland Security that were involved in the drafting of it. We knew it was coming. It wasnt a surprise. We implemented it. And a little bit of a back and forth round and round during the briefing about the language to describe this extreme vetting order. Spicer was asked if it was a ban. He said no, its not a ban. Its an extreme vetting order whereas the president and the secretary of Homeland Security said today yes, it is indeed a ban. So well see where they go with that. For viewers that missed the briefing, john, tell us what the white house is saying about the firing of secretary yates or attorney general yates. Theyre absolutely backing it up. She was one of about 30 or so holdovers from the Obama Administration that were left in place in those high level jobs while the confirmation process was taking place. Looks like were not going to get a vote on the confirmation of Jeff Sessions until tomorrow at the earliest. Theyre saying she wasnt just offering a difference of opinion or a legal opinion as you saw, she actively defied the president and refused to carry out one of his orders. I asked spicer about that today. Listen. So is the president laying down a marker now to all of his cabinet secretaries and other officials to say if i give you a directive and you dont follow it, youre gone . This isnt about joining the government to execute your ideas or initiatives. The president was clear during the campaign whether it was Economic Security or National Security, that hes got an agenda that has been articulated very clear to the american people. So who is taking sally yates place . Its the former us is attorney for the Eastern District of virginia, dana boente. He actually was in the news quite a bit a couple years ago, shep, because he oversaw the prosecution of then Virginia Governor bob mcdonald, corruption charges. Shepard john, President Trump is a few hours away from his Supreme Court nominee. What have we learned . We know hes down to two people. Lets put them on the screen. Watch for the pictures to arise later on today. From the tenth Circuit Court of appeals in denver on the left side, judge neil gorsuch and tom hardiman on the right. Neil gorsuch is more faithful to the Juris Prudence of the late antonin scalia. Thomas hardiman is said by a lot of people to be more easy to confirm because 18 Democratic Senators voted for his confirmation to the court of appeals in 2007, are still in the senate. Six of them up for reelection in 2018, states that donald trump won. Among the people on the senate that voted for hardiman include harry reid, barack obama and hillary clinton. Sean spicer today said though, shep, either one of which of those people donald trump selects to be the nominee for the Supreme Court, they should get an easy confirmation in the senate. Here is spicer again. They may not like the political background, but academia, background, time on the bench, the expert tease and criteria meets the intent of both republicans and democrats. All right. So where is the money ride something were getting sources who are suggesting that gorsuch will be the pick. The caveat, nobody has actually confirmed it to us yet. I think white house officials are under threat of severe harmship should they disclose that information before 8 00 p. M. Well leave it as a strong tilt towards gorsuch with the caveat that he could always pick hardiman. How about that for being confide confident . Shepard i can do that. Very good, john roberts, thanks for clearing that up. The top democrat on Senate JudiciaryCommittee Says she will vote no on President Trumps pick to run the justice department. Senator Dianne Feinstein that Jeff Sessions can be a check and balance on the president s policies. The head of the Judiciary Committee, Chuck Grassley of iowa that is a man of his word and will execute the law with strength. Democrats forced a delay on senator sessions till tomorrow. Mike emanuel on capitol hill. Mike . Shep, good afternoon. The nomination of Jeff Sessions the on hold until tomorrow morning at 10 30 a. M. And then well see the next play. Mitch mcconnell said that democrats look foolish holding up these trump cabinet nominees. Republicans predict Jeff Sessions will be confirmed by the Judiciary Committee tomorrow and then it would go to the senate floor for a vote at some point. The judiciary chairman is praising sessions as being the right person for the job. He knows the Department Better than any nominee for attorney general in recent memory. Most importantly, he will enforce the law regardless of whether he would have supported passage of that law as a member of the senate. Mcconnell tried to get the Senate Leaders to consider the sessions nomination and others this afternoon. Chuck schumer objected so theyll try again in the morning. Shepard what are democrats saying about why they oppose sessions . Democrats saying theyre doing their jobs giving the nominees like sessions careful consideration. A top democrat made the concern about whether Jeff Sessions would be independent enough to stand up to President Trump. We need an independent attorney general. One who is committed to standing up for the constitution and statutory right of the disenfranchised, stand up to a president who in these short days has already violated these rights. I dont think that describes senator sessions. Seeing the president fire the acting attorney general seems to have fired up senate democrats. They say they dont believe that sessions would have spoken up about that travel ban involving those seven countries. Shep . Shepard mike emanuel live on the hill. Thank you. President trump is getting some trouble having democrats to back his cabinet picks. Our next guest says firing the attorney general will only add to the headaches. What the white house says she refused to her job so she had to go. Thats coming up from the fox news deck on this afternoon. Good to have you here. For lower back pain sufferers, the search for relief often leads. Here. Here. Or here. Today, theres another option. Drugfree aleve direct therapy. A tens device with high intensity power that uses technology once only available in doctors offices. Its wireless remote lets you control the intensity, and helps you get back to things like this. This. Or this. And back to being yourself. Aleve direct therapy. Find yours in the pain relief aisle. Tiki barber running hambone a barber shop . T hut yes surprising. Yes whats not surprising . How much money david saved by switching to geico. Fifteen minutes could save you fifteen percent or more. Whos next . Shepard quarter past the hour now. Fallout or President Trumps extreme vetting travel ban and the battle over confirming his next attorney general nominee, senator Jeff Sessions. Lets bring in Josh Bernstein from politico. Where is this going, jeff . Seems that what trump did in discharging sally yates, whether he was forced into it or not by her has really inflamed democrats and that that coupled with the protests over the weekend, coupled with the travel ban, immigration order itself has democrats in a lather where they are unwilling to go along with anything the Trump Administration wants to do in term of nominees. Looks like theyre going to try to gum up the senate process thoroughly on capitol hill. Beyond the gumup, is there anything they can do effectively to keep him from becoming what trump wants him to become . In terms of sessions, eventually if all republicans go along, they can force his confirmation. One of the Big Questions here is whether were seeing a prelude to the battle of the Supreme Court nominee. Many people expected democrats would make noise about the coming nominee to the Supreme Court but probably not have an allout fight against that person because they would be saving that for trumps knock Supreme Court nominee that might swing the court in a conservative direction. In the current environment, Many Democrats may decide to go to the mat this time over this particular nominee. Its interesting. So many are still upset with the way they handled themselves under president obama with an opening that they never filled. Thats right. Theres still a lot of hard feelings over the way the merit garland nomination was handled, the fact that they blocked it for ten months. So i think well hear a lot when the Supreme Court nominee from trump is rolled out that democrats dont care that much about his qualifications, theyre not going to debate that issue. Theyre going to say, look, this is a tit for tat situation. Republicans blocked a qualified democratic nominee for ten months without a good run in the view of democrats and perhaps democrats will try to give republicans some of their own medicine on this. Shepard on the matter of the travel ban, a new development to update our viewers on. There was a dissent sent up the chain in the state department a couple days ago on this matter. Were aware of this. Like 100 people signed it. After that, the white house came and said, look, if youre not on board with this, get out. That was widely seen as a sort of flying in the face of the dissent channel. The dissent channel is the means put in place in 1970 that allows employees to send up the chain of command up to the secretary of state dissent on a matter that they dont think are americans or whatever they think is the matter. They have two days for the state department to respond and 3060 days they get a formal response. Its an important thing there. After vietnam, dissent seen in hindsight was important was overlooked at the time. Theyre trying to make it you cant be acted against because of this reprisals are forbidden. Now were learning from the reporting of the Associated Press that some 800 lee, some state Department Officials have signed on to a cable saying what donald trump did was wrong and theyre sort of defying their order of sit down and shut up. Is there any chance that this might get some traction . Theres no question theres a lot of security and diplomatic professionals across the government that doubt the efficacy of trumps order. General kelly said he had the responsibility to protect american lives. But as you properly know, shep, Many NationalSecurity Professionals having headlines saying christians are being a preference, that kind of propaganda may not be helpful and could put troops and diplomats over seas in harms way. Josh, thank you. Thanks, shep. Shepard President Trump says lawmakers should be ashamed of themselves for holding up his cabinet confirmations. For some nominees. Have more today they used a boycott to delay key points. How this affects all of us next. So with our ally cashback credit card, you get rewarded for buying stuff. Like what . Like a second bee helmet with protective netting. Or like a balm . You know . Or a cooling ointment for the skin. How about a motorcycle . Or some bee repellant. Im just spitballing here. Nothing stops us from doing right by our customers. Ally. Do it right. Told you not to swat em. If you have moderate to severe plaque psoriasisright. Isnt it time to let the real you shine through . Introducing otezla, apremilast. Otezla is not an injection, or a cream. Its a pill that treats plaque psoriasis differently. Some people who took otezla saw 75 clearer skin after 4 months. And otezlas prescribing information has no requirement for routine lab monitoring. 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