What would be an historic tiebreaking vote. This is happening because two republicans have already said that theyre going to vote no on devos, senators Lisa Murkowski of alaska and suesan collins of maine. Is there a third one that would vote no and particularly sink this nomination . A lot of it had to do with how she performed at the confirmation hearing she had. It raised a lot of questions in peoples minds. Phone calls, emails, mail, officers have been deluged with all of this. Looks like shes holding steady. There could be a lastminute x factor. That would be a major embarrassment for Mitch Mcconnell but also set in the broader set of general democratic opposition to cabinet nominees. Its going to be a week back and forth like this whether or not betsy devos is confirmed. Mike pence set to get to the hill in just about an hour from now. In the meantime we are monitoring that paul ryan press conference. We want to get to the other big story of the day, that President Trump executive order. Talk us through this. We know the arguments are set to happen at 6 00 eastern. Whats the likelihood were going to find out about the future of the travel ban tonight . I guess about 50 50. Safe answer. It depends on how much they want to get into the details. Are they going to treat this as a temporary restraining order, an injunction, depends how much theyll have to write a memorandum opinion on it. There is a threejudge panel doing this. We could get the order tonight, could get it tomorrow. This is on an emergency schedule. The telephone Conference Call thing is a bit unusual but not for emergency applications. Because its so urgent . Yes. They have a threejudge panel that rotates month to month that hears nothing but emergency appeals. Theyll get together on the phone with the lawyers, hear an hour of argument and theyll get their orders but i dont know how long it will take them. Is a possible compromise a possibility . How would that work . The government raised this possibility yesterday for the first time when they filed their reply brief last night. They said we think, Appeals Court, that you should completely stay the judges order and let us enforce the entire travel restrictions. But at most what you should do is say, okay, the travel restrictions go back into effect but it wont apply to people who have already been here at least once with their visas, people who have been approved to come into the country as scholars or students or Business People and want to go home and come back or people who have been trapped overseas who already have a visa and been to the United States once. So in other words, the travel restriction would be limited just to people who are seeking to come here for the first time from those seven countries that are subject of the trump executive order. Whats the timeline for a potential Supreme Court intervention . We talked a little bit yesterday and the indication was potentially months and months. Is that still the case or has this sururgency changed that . Who ever doesnt prevail with the Supreme Court will petition. Another round is yet to come with the judge gets to the merits of the case. By the way, if the ninth circuit for some reason lifts the stay and lets the order go back into effect, theres nothing to prevent another District Court judge somewhere from doing what this judge did. And would the lawyers have to go through this all over again . Yes. The question in front of the court is not about the legality of this ban, its whether or not it can be enforced while theyre figuring out the legality, right . Thats basically it. This is a temporary regard. You say were going to have a court fight later on the constitutionality and legality of this but for now freeze things so it doesnt get any worse. What the states say is freezing means before the trump executive order went into effect. The states in essence say were hurt the most by letting the order go into effect it, hurts our universities, it hurts our economy. The government says were hurt the most by not being able to enforce this order because potential terrorists could sneak into the country. 6 00 tonight . Thats when they begin. Do we get to hear them . Theyll be streamed on the web site. Peter alexander, donald trump is talking about this immigration executive order with sheriffs today. We know hes now in this room for this listening session with top aides. Youre right, Jared Kushner among the aides in there. President trump focused on this issue, hosting this meeting with county sheriffs. They are zeroing in on the issue of immigration. President trump talked about his commitment to working with Law Enforcement in an effort to stop terror going forward, about the wall specifically. He said that theyre going to begin building it soon. The bottom line is he said hes going to be partnering with these individuals to try to be tough on crime and on terror. This afternoon hes also going to meet with his new secretary of state, thats rex tillerson. Thats certain to be another topic of conversation, given the fact that tillerson hadnt been confirmed by the white house, announced its travel restrictions. Later today the president is scheduled to speak to the leaders of spain and turkey. President erdogan is important because turkey is one of our partners in the war against isis. And we are expecting video in any minute, the president making a couple of comments about the confirmation collision course. On this executive order, the main players in the lawsuit are the states of washington and minnesota. But there are 15 other states plus d. C. Now on board in its kind of supporting role. The argument here is keeping the ban in place hurts state institutions like businesses and public colleges. Virginia is among the states signing on to this brief. Lets talk about action today. If this ends up going your way with the Appeals Court, how much faith do you have that President Trump and his Justice Department will comply fully with whatever happens . Its going to be fascinating hearing later this afternoon. The main issue in front of the panel is whether or not a temporary restraining order can even be appealed at this point. So there are some procedural hurdles the Trump Administration has to go over before even getting to the merits of the argument. One of the concerns we had is just this moving target of what does the administration say this order is all about . At one point in the beginning it affected lawful permanent residents, student visas, worker visas. At one point we were in court and the Administration Lawyer said friday at 6 30 p. M. More than 100,000 visas were cancelled. The state department walked that back and said it more like 60,000 but it just goes to show how its been a shifting target and there has been real concrete harm to state, universities, families who are being separated. One of the attorneys, general, who has joined you in this fight is Eric Schneiderman of new york. He was on morning joe. Heres what he said. The dhs attorneys and everybody else have followed the stay. It is not clear, joe. Whats not clear . Its not clear that they have. They say they have but were hearing reports and there are cases being filed all over the country that there are still people who are not being admitted or whose activities have been chilled by this order. So do you have any evidence to support this claim that dhs, that Border Control are not actually complying now with the judges order . Well, i havent seen exactly where thats since the administration has issued some rules to try to get back to the way things were beforehand, it seemed like things are in that direction right now. So youre comfortable of where it is right this second . Youre comfortable with the fact that they are complying at this moment in time . It seems thats the case thanks to Judicial Intervention with the temporary restraining order that went into effect nationwide. Before that happened, we had a lot of concerns about it. I was at Dulles Airport last saturday or the week before, right after the order went into effect. There was a temporary restraining order issued from the federal court in alexandria that required access to the volunteer lawyers who were there. And we were getting reports through that saturday night into sunday that no lawyers were being allowed access to those who were being detained. So that was a huge concern. But after the Washington Court issued the temporary restraining order, it seemed like things were back to the way they were before President Trumps order went into effect. Attorney general, let me ask you this, i dont know if you heard me talking with Pete Williams a moment ago about this idea of a possible compromise. Is there anything about the idea of a compromise that would appeal to you . Would you find that satisfying if that is in fact what the Appeals Court ends what couldup . First of all, it points to the hasty and clumsy way the executive order was carried out. Its been a moving target as to the group and class of people the administration is saying is covered by the executive order. When it went into effect, they said those were lawful residents, students and then they started walking it back saying, well, maybe not lawful residents and it shows how hastily and clumsily this was put together. The other thing is if it has crossed constitutional boundaries, if the administration has violated the constitution, then the whole thing should be out in terms of its operational effect. Okay. Virginia attorney general mark herring, i dont want to cut you off but i want to go over speaker of the house paul ryan who is taking questions about this topic. I think theres confusion this year. The legislating is going to be done this year. The question is how long does it take to implement the full replacement of obamacare. We have to get tom price confirmed at cms so they can get to work with replacing this collapsing law. The question about how long it takes to effectuate the change, to put these things in employees, thats a question that the hhs can answer. As far as legislating is concerned, were going to do our legislating this year. Reporter over the weekend we saw a fair amount of backlash directly to republican members about this. Are you concerned you need to not just present a plan by sell it to the American People . I think its important for people to speak their minds in this country. We cherish the first amendment. We want peemd to know we want to listen to their concerns and peaceful protests are something we honor in this country. I hope people keep it peaceful, respect private property, have no violence. Weve been doing this in wisconsin for many, many years. Were used to this where i come from but the point we cannot escape, obamacare is collapsing, its not working. Premiums are going up double digits, deductibles are so high, doesnt feel like you have insurance. Its our duty and obligation to replace it with something better. The good news is we ran on a plan to replace obamacare and now our committees are in the midst of putting that plan together. So yes, this year were going to be going out and talking about what our plan is. The one we ran on in 2016 and why its going to be better. Teak a look at our plan for preexisting conditions, for more insurance competition so we can get prices down. Thats the beautiful thing about the American Health care system we want restored. So we do have plans. Our committees are busy under way doing this and were going to have a great conversation with our fellow citizens on how it is our mission to rescue the Health Care System from its imminent collapse and give them something better. We hope to get this done as soon as possible because families are counting on us. Reporter [ inaudible ]. Sooner is better than later but i dont know the answer to the size and scope of it because they havent sent to us yet. But weve always long anticipated wed get a supplemental on National Defense issues. That was speaker of the house paul ryan holding his weekly News Conference. That was kasie hunt pressing prior to obamacare. Im going to paraphrase for you here. The House Speaker saying donald trump is an unconventional president but adding we still have conventions for respecting the rule of law. Emphasizing that there is a respect for the judicial branch. This comes after over the weekend President Trump called judge james robart, a socalled judge, something members of his own party disagreed with. Im pulling up on my phone here. The president said and im paraphrasing, i cant believe were having to fight in the court system to protect our nation, references the lawsuit and illegal battle that is happening today. He continued again, a paraphrase, theres a Massive Group of people protesting. They want to see people come in who love our country, not who want to destroy our country. The president right now sitting with county sheriffs from all across the country. A without Senior Administration official had told nbc news that this support there have been a variety of discussions. Theres no live shot, we have to wait until it concludes and the cameras come back and we can play it live, which we will do of course. A critical day for the Trump Administration and for those who are suing, essentially, to try to stop this controversial immigration executive order. You heard attorney general Eric Schneiderman and Virginia Attorney general mark herring come on this program and talk about how they believe this is unconstitutional. The argument theyre making as you look at the states joining the travel like businessesin the initial filing line issing on, throwing spl support from behind the lawsuit. We want to play for you some of the sound that were referencing here. Look, hes not the first pred o get frustrated with a ruling from court that this administration is going through the proper procedures to deal with the ruling. Theyre respecting the separation powers. I know hes an unconventional president but he respects the process and we respect the process. And thats whats important at the end of the day. And so comments from paul ryan that he is honoring the process. And Virginia Attorney general said he hasnt seen any evidence that the department of Homeland Security, the Border Patrol and others are not responding. I know that briefing, that News Conference with paul ryan, give me your rundown of the top headlines coming out of this. Its reporter you did hear from speaker paul ryan. A reporter said i know you dont to respond to every tweet. Speaker ryan did speak forcefully that theres an independent judiciary and to assert that straight out and he said this isnt the only president to ever be frustrated with a court ruling. But there is, i think, a die nam be theres been this pend u lem swanging back and for swingin and forth. Neil gorsuch is someone the republicans are very comfortable with and have been able to get behind. I think the daytoday tweeting and commentary, whether its the one today about the terrorist attacks as well, this is an emerging dynamic where these leaders are kind of put under pressure to answer for what their president is saying and a lot of times they dont necessarily have an answer to give. Youve seen it bubble up more aggressively in certain places. You saw speaker ryan take a half step out in opposing that. He said he was going to leave talking about the media to those of us in the media. At this point the house side is ready to get out of town. The House Democrats will be having their policy retreat. The action will be moving quickly to the senate and the questions about betsy devos. And lots of questions to be answered. Coming up next on this hour, who u. S. Commandos were really hunting for in that topsecret mission, who is now on tape taunting the president of the United States. A second bee helt with protective netting. Or like a balm . You know . 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