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Directed the department not to follow that policy and to defy that policy? >> i'm not but i'm not aware of a situation where the office of legal counsel was advised not to tell the attorney general about it until it was over. >> reporter: there's no clear timetable right now for a decision by the fourth circuit. the ninth circuit on the west coast is expected to take up arguments on the travel ban next week. no public event on the president's schedule today. chris and alisyn? >> some interesting moments going on between senator ted cruz and sally yates. jeffrey toobin and david druc r drucker,...

Situation. the eyewitness you are referring to. he was one of the neighbors. his statement has changed. we got a sworn statement from this individual. the statement that we received from him said from hips vantage point he could hear the officers directing mr. middleton. he confirmed basically all the things our officers said. he wasn't belligerent. we have a variance there. are we concerned? that is a little bit of a ridiculous statement. anytime a citizen is harmed we are concerned. in this case bh you inject race into it it is inflammatory. >> i want to give you a chance to respond to it be...

Moving on, aaron hernandez's side of the story is coming out. his lawyer says there is no warrant for the nfl player's arrest and kit sizes the media. hernandez's friend was found murdered less than a mile away from his home. police searched his house twice and spent three hours in the nearby woods sunday. cnn's susan candiotti has the latest. >> reporter: for the first time since last week, lawyers for aaron hernandez are breaking their silence in writing. in a new statement saying hernandez is being subjected to "a relentless flood of rumors, misinformation and false reports" including that ...