A socalled judge. Amade reports of the house in chaos, while the president today falsely accusing the press of failing to report on terror attacks. They have their reasons for not reporting it, and you understand that. Lots to discuss tonight, pam, i want to start with you, the Justice Department lawyers filed documents in federal court defending the travel ban. The judge in Washington State overstepped his bounds, his halt was vastly overbroad, and the lawyers from doj said the president has wide discretion under the constitution to deal with immigration matters. They argued if the court decided to keep the injunction to the ban, it should be limited to people who have already been in the u. S. With valid visas, not for the people from the 7 countries who are hoping to come to the u. S. For the first time, the lawyers argue they should not be granted constitutional protections, the states on the other hand say the travel ban hurts their citizens, breaking up families and hurting businesses. We have the hearing tomorrow. Will the public be able to listen in on these hearings . They will. Actually, the oral arguments will be live streamed to the public on the 9th circuit website, the 9th circuit is known to be more transparent than other circuits across the country. Circuit courts across the country. So in the broader context this is unusual. And its going to be over the phone because the ninth circuit covers most of the western states and the judges are spread out. Each side gets 340 minutes, we expect a decision on whether the ban will be reinstated during the appeals process, sometime after that, don. To jim acosta now, the white house is following up on their accusations false accusations that the media hasnt covered major terrorist attacks . What are they saying . Earlier today, the president was down in florida and he went after the news media as he often does, he said we are downplaying terrorist attacks for reasons that he didnt explain, he said we have our reasons and he told the audience there, and you know what they are. And i think you understand that, and we asked White House PressSecretary Sean Spicer earlier in the day, well, where is the president getting this from, the white house said, were going to be putting out a list later on in the evening. They did put together a list. 78 terrorist attacks that have occurred since 2014. They believe most of these terrorist attacks did not get enough coverage. Its baffling, they mention the paris attacks, the San Bernardino california attacks. The orlando nightclub attack. Its odd theyre say iing these attacks were not covered enough. We spent days on end reporting about them. They were only able to compile this list because of the news media. If we didnt report on them, they wouldnt have been able to make the list. The only thing that seems to change is the setting where hes delivering the remarks from. I think its Pretty Simple that maybe for some reason they want us talking about this obviously, its sad to say, but a terrorist attack will likely happen in the future. Those things are uncontrollable. Its almost as if they want us talking about this, in case, might happen. This is one of those talking points, all you have to do is spend a few seconds on google, and the talking point doesnt hold up, i mean, we at cnn spent days on end covering many of these terrorist attacks listed in this list that was provided by the white house. We should point out journalists are putting their lives on the line every day in dangerous parts of the world reporting on terrorism and terrorist attacks. It doesnt hold up, it feels like they were going after the news media, before they had their facts straight, and once again, this is a list that includes terrorist attacks that we spent a lot of time covering, to accuse the news media of ignoring terrorist attacks, it doesnt explain why. It feels like you said, perhaps theyre trying to wave that shiny object and get the publics attention away from the things they should be focused on. Lets hope it does not happen. The men and women he spoke to today put their lives on the line for those terrorist attacks and there are journalists in the front lines as well. Pamela brown, do you have a response to this . Im talking about those terrorist attacks jim pointed out. I spent sleepless nights covering those stories, and sent to paris for one of the attacks, the Charlie Hebdo attacks. The broader context the president wants the travel ban reinstated. As he said, these seven countries pose a National Security risk, its made clear it wants to fill in the gaps in the process. This travel ban should be reinstated. All right. Thank you, i appreciate it. I want to bring in now maggie aber man. Lots to discuss. David, lets start, 17th day in office, and hes in a full blown legal battle, the president is, possibly with the Justice Department, and also now more misleading of the American Public regarding terror attacks . Don, its the one attack we really obviously didnt cover well was the Bowling Green massacre. We should have had some reporters out there, Kellyanne Conway should have given us more information about it. It really says basically, that the press is not doing its job, because it has its own political agenda, it doesnt want you to know the truth about how dangerous terrorism is. Its pulling a leftist agenda on you, which is clearly not true, and he engages in these falsehoods without producing any serious evidence, we get a list that includes San Bernardino. Its astonishing, and its beneath the dignity of the presidency and it really tears at the fabric of what holds us together as a people, when we cant trust each other, we cant trust the white house, hes telling you cant trust the press. This is the way democracies become unraveled. Including the pulse night club, the nice attacks. There are attacks that happened in other countries that Cnn International will kwover that may not be covered on a u. S. Domestic level, and i think cnn is one of the only u. S. Networks that will cover that where you can get that, you wont get that from other networks, if theres an attack that happens in another part of the world, if you are tuning in, mr. President to Cnn International, you will get those stories as well. We dont just cover stories that happen here in the United States. Don, i think what also happened here, you had a president who spoke and then you had a white house staff that had to be the shovel brigade and had to say this is what the president that happens every day, it seems, gloria. Yes, we have to prove the president s premise, which is that the press doesnt cover terror attacks. Which is ridiculous on its face. And so what they came out with was a list of terror attacks and youve gone over chapter and verse, and i think it belittles the office he holds, it belittles the people who work for limb to put out this hastily compiled list, full of misspellings. It was meant to be4ri8 us, but in a way, i dont think it does. Because i think were just doing our job. And we have been doing our job. As i watched him speak to the men and women in uniform, it was a sigh of here we go again. Maggie, youve been covering a lot of this. Whats going on here . I think glorias right, were never going to know whether the president was intending to say this today or not. But weve seen this lather, rinse, repeat as well. Sean spicer shifted with what the president said into dont cover enough. They dont get enough attention. The president explicitly said, they dont cover it, and they had their reasoning, he never said that, sean spicer said, they go undercover, we dont report on them enough. Thats not what the president said. He also had an insinuation that was vague enough, people could read in what they wanted, the reporters, media have some kind of agenda behind this. I have been covering the news for 20 years, i was down at ground zero for literally years after the attacks, we have covered terrorist attacks. I think we get criticized for covering them too much. I think it serves the president s purpose, which is generally speaking, youve seen him creating a climate not creating, but hes pointing to a climate of fear. Hes largely governing on the idea that if people can be afraid, i can fix it, i will make it better. It worked for him during the campaign, its certainly never going to get him to a majority of support, it might get him enough for his base to stay where he is. Weve been saying that a lot. Doesnt it get old . Dont you think people tire of that and they will just say, mr. President , please, just be the president and do your job and stop pointing to the media for everything youve done wrong or misstatements that youve made . Stop pointing to the media, its not the medias fault every day. At a certain point in a presidency. The sky is falling its way too early. It is. People start judging results, and i think if President Trump can create the jobs, he says hes going to create if hes going to Fix Health Care the way he says hes going to Fix Health Care, if hes going to fix infrastructure, give everyone a tax cut the way he says he will, and on and on and on, build the wall, people will judge him by his promises. And i think thats the way president s ought to be judged. I dont think they ought to be judged by sort of who hates me, the press hates me. I havent met a president or covered a president who loves the media, they all believe theyre picked on unfairly by the media. That goes with the territory. This defensive crouch that the president is in right now, doesnt serve him well. Its old. Maggie, stand by, david, maggie, youve been reporting on the problems at the trump white house, i read an interesting story that happened to be mentioned in. What is going on behind the scenes, they realized the first two weeks, no matter what they put out there, the press people, the communications folks, it didnt go so well. You have a president that came into office with a mandate to shake things up. They are essentially building the plane on takeoff, hes doing much of what he said he would do, not all of what he said he would do. That is what his goal is and you make a mess hes coming in with people in government before. Theres his own personal adaptation to the white house. Which is different an more jarring than he anticipated it would be, you have these Different Power Centers hes created in the white house. I think by the end of last week, they were generally feeling better, the nomination of gorsuch to the supreme court, got him some good will from conservatives, this is what happened throughout the campaign too, i continue to feel like we are in a Groundhog Day Campaign where he has a good day, and then something happens, its usually of his own volition, and his aids have to scramble to deal with it. This is sean spacer, bathrobe gate, play this. That story was so riddled with inaccuracies and lies, they owe the president an apology for the way that that thing was there were just literally blatant factual errors and its unacceptable to see that kind of reporting or socalled report g reporting, that is literally the epitome of fake news. What is the you start at the top, i dont think the president owns a bathroom, he doesnt wear one. There are many pictures of him in a bathrobe with his children, bathrobes of many different sorts. If i owned hotels, i would probably have a bunch of bathro bathrobes. I dont own hotels and ive taken a bunch of bathrobes in my lifetime. Who cares . I think the president seized on that detail, based on everything i heard, because it felt very personal to him, and hes adamant that its not true, weve heard this said throughout the day, were comfortable in our sourcing on this, but i think that we were trying to paint a panoramic view of this president. We were trying to texture whats going on, we were trying to explain what has happened, and that is the president here and the staff here that is one of many details weve been talking about all day. I have to get to a break. Theres nothing wrong with wearing a bathrobe. Many president s im sure trump hotels have them in there. Lbj was famous for it. Gloria, well hear what you have to say when we come back, and david, i want your take on what this president says about his relationship with the former president barack obama right after this break. If youre gonna make an entrance. [car driving upon the water] mattress firmness . Fortunately theres a bed where you both get what you want every night. Enter sleep number and the ultimate sleep number event, going on now. Sleepiq technology tells you how well you slept and what adjustments you can make. She likes the bed soft. Hes more hardcore. So your sleep goes from good to great to wow only at a sleep number store. And right now save 50 on the ultimate limited edition bed. Go to sleepnumber. Com for a store near you. So we know how to cover almost alanything. Ything, even a truckcicle. [second man] how you doing . [ice cracking] [second man] ah,ah, ah. Oh no [first man] saves us some drilling. [burke] and we covered it, february fourteenth, twentyfifteen. Talk to farmers. We know a thing or two because weve seen a thing or two. We are farmers. Bumpadum, bumbumbumbum trump has some interesting things to say about his predecess predecessor. Gloria, you wanted to make a point. I want to back up the reporting of maggie and glenn thrush, i dont have the bathrobe scoop. In talking to people that know the president well, and have spoken with him, i do think there has been this large period of adjustment to the white house, im told hes really happy, but he is there literally home alone, his wife and son live in new york. He is alone at night, he watches a lot of cable tv as we all know, he tweets, and then you have the white house staff having to sort of figure out what to do with what hes tweeted the evening before or early that morning, i think its a difficult process for all of them. Given the fact that the white house lines of communication have not been clear, there are ideological differences and you have a president who thrives on managing by conflict and always having a ton of activity, i think its a combustible atmosphere out there. Can you imagine being in the house that big. Home alone. Thats a big place to be alone. You know you can take the bathrobe, it shows up on your bill many not that ive paid for all of them, but some of them. Listen to this. Its a very strange phenomena, we get along. I dont know if hell admit this, he likes me. How do you know. I like him. I can feel it. Now, we had a rough campaign, he was fighting better for hillary than she did. He was vicious during the campaign toward me, and i was vicious toward him. We hop into the car and we drive down pennsylvania avenue together we dont even talk about it, politics is amazing. What did you talk about . We talked about the country, the future of the country. I asked him what do you think our biggest problem is and he told me, i cant tell you, its a problem, its a military problem. That was the one thing he would not share, david. Whats your reaction to the whole thing. These two gentlemen have developed some bridges between them, so they can talk to each other. Theres going to be crises in this presidency, when you may want to reach out to president obama. With all due respect to President Trump i find there are a number of Business Leaders i have an opportunity to talk to in new york. Almost to a person, i enjoy going out for lunch occasionally with donald. He can be charming and funny, his company is fine. They will not do business with him. Its a nightmare. They have sharp disagreements about how to act with each other professionally. Beyond that, theres an attraction about him that people find him interesting and good company. I would imagine thats whats going on here with president obama. Hes building bridges, keeping up a good relationship. Sharply disagrees with everything thats been done in the last two weeks. Thats a perfect segue for maggie, the president is receiving backlash for these comments he made about vladimir putin. Do you respect puten . I do respect him. Do you, why . Well, i respect a lot of people. But that doesnt mean im going to get along with them. Hes a leader of his country. I say its better to get along with russia than not. If russia helps us in the fight against isis, which is a major fight. And islamic terrorism all over the world. Right. Major fight, thats a good thing. Will i get along with him, i have no idea. Hes a killer, though. Putins a killer. We have a lot of killers. You think our country is so innoce innocent. Even republicans are perplexed, why do you think the president continues to praise russia. You look back at the last several years. You go back to 1990, a playboy interview he gave hp he has consistently had words that are purely strength weakness. He had this history in the campaign of praising people who are typically described as strong men or dictators. He described Saddam Hussein as a bad person, but he was good at killing terrorists according to trump. He was against jihadists, but he was considered a state sponsor of terrorism in israel. This happened over and over again, and he praised the chinese for the Tiananmen Square massacre in terms of showing strength. This is consistent and also what you have seen with him in terms of his sort of personal criticism or delegitimizing criticism of a federal judge in the last couple days. Trump has consistently criticized judges, hes been involved in many lawsuits. I think what youre seeing is somebody who has not necessarily it has not changed interrupt. It may change him at some point. For the most part, were seeing the same person hes been for a long time. There are a lot of people who see him and interact with him socially, they find him charming. Where the rubber meets the road, is policy, and his performance. Lets talk about obama care. Lets talk to ted cruz. Senator, are you concerned about trump pushing back the obama care time line saying, wait until 2018 to do something . Im not sure hes doing that, and the president has said he is committed to repealing obama care, republicans in both houses have said were committed to repailing obama care. You want to do it this year . Do you expect it to be done this year . Absolutely. Would you be concerned if the time frame slipped to 2018 . I think we need to move as expeditiously as possible. This was a promise made to the american people. And we need to deliver on that promise. You heard the president say, maybe 2018. Tomorrow night ted cruz is going to debate Bernie Sanders right here on cnn on this issue. Im sure the president appreciates ted cruz moving up the deadline for him. And as youll recall, they werent great friends during the campaign. And i no, look. I think theyve got a problem, theyve had a lot of time, more than six years to figure out what they want to do, when they repeal it and they havent figured out what to replace it with, they know that they have a huge Public Relations problem. They dont want people to lose the benefits theyve come to like. They also feel the system needs to be fixed they dont want there to be this big pause where people are thrown into turmoil and chaos, because they dont know whats happening with their health care. The congress has clearly gotten to donald trump, i. E. Paul ryan and said, we cant do this immediately, but the caucuses are worried because they understand it will be called trump care from day one, and if there are problems with it, theyll be at the receiving end of it, theyre trying to slow down the train a little bit. Ted cruz is saying, i think a promise is made, i think we ought to figure out a way to keep it, so he can take the high road, even though he knows you cant do it that quickly. Ill be interested to hear what he has to say tomorrow night. Gloria gets the last word going out the door. I have more friends i need to talk to after this. Dont miss senators Bernie Sanders and ted cruz going head to head in a debate moderated by jake tapper tomorrow night at 9 00. Your Insurance Company wont replace the full value of your totaled new car. The guy says you picked the wrong insurance plan. No, i picked the wrong Insurance Company. With Liberty Mutual new car replacement™, you wont have to worry about replacing your car because youll get the full value back including depreciation. And if you have more than one Liberty Mutual policy, you qualify for a multipolicy discount, saving you money on your car and home coverage. Call for a free quote today. Liberty stands with you™. Liberty mutual insurance. The high stakes legal night over President Trumps travel ban, a federal Appeals Court ordering both sides to present arguments in the case tomorrow afternoon. Joining me now Alan Dershowitz and f. Michael higinbotham. Theyre quickly becoming our go to guys on this travel ban and whats going to happen. The government filed its briefing in its case to reinstate the travel ban. They argued the executive order is a lawful exercise of the president s authority over an entry of aliens into the United States and the admission of refugees. Is that the main question here, michael . I think its one of the main questions, the government certainly has a lot of discretion in the National Security area. Based on the constitution, the president has a great deal of latitude and leeway, the president doesnt have unlimited discretion. There are some limitations this is what the threejudge panel of the ninth Circuit Court of appeals will review tomorrow during oral arguments fp is there limitation . Candidly, this is what the courts do, certainly the state of washington argues that its about protecting business, its about protecting their universities, and its also about religion, but this is what the courts do, they will determine they will interpret the constitution, and determine whether or not the president has unfetterred discretion or whether or not there are some limitations . Allen, the states who brought the case say that the president unleashed chaos with the executive order. The attorney general from washington says over 7,000 noncitizen immigrants from the affected countries reside in washington. Those who were abroad were blocked from returning heam. Do noncitizen immigrants have Constitutional Rights . It depends where they are, if theyre in a country like yemen and theyve never been in the United States, and they just apply for visitors or tourist visa, no, they have no property interest or liberty interest or due process interest in coming to the country. And the president has vast authority to keep them out. If theyve been admitted to the hospital, they are attendsing university or here for hospital care. Then their constitutional status is far stronger. What i think were going to see is the court divide. As to people who have never been in the United States they have no standing. As to the people who are here, maybe they do, and maybe the regulation is unconstitutional. Tomorrow, were not going to hear much about that, were going to hear about two things, should the stay remain in effect, i think it will, because it would cause greater chaos, if it was now knocked out, it would have to be restored, and second, does the state of washington have standing . Can the state bring a lawsuit on half of some of its citizens. Thats where the conversation is going to stand in the hour of oral argument. Sean spicer took a tough stance on the case today. Clearly the law is on the president s side, the constitution is on the president s side, he has broad discretion to do whats in the nations best interest to protect our people, we feel confident we will prevail in this matter. Is it that clear the law is on the president s side . I dont think its that clear, i think thats what the courts will decide. Certainly the president has a great deal of latitude, and theres great deference give tonight executive branch in protecting National Security matters. Its not unlimited. This is what the courts do, we have an independent judiciary that will interpret the constitution, thats why i think it was so problematic, what President Trump said with respect to joe robarts. The criticism of a socalled judge or he may be causing a terrorist act. Weve had president s criticize decisions. Many republican president s have criticized ro versus wade. Even president obama criticized Citizens United recently. But dont personalize it, and president s tweets about judge robart was disrespectful to him. And to george w. Bush who appointed him. Should he have not said that about the judge and is sean spicer right . The president is going to win . Dont answer now, on the other side of the break. Known for its perfect storm of tiny bubbles, it has long been called the champagne of beers. If youve got the time welcome to the high life. Weve got the beer miller beer so this year, theyre getting a whole lot more. People just cant get enough of me and my discounts. Box 365, the calendar. Everyone knows my paperless, safe driver, and multicar discounts, but theyre about to see a whole new side of me. Heck, i can get you over 600 in savings. Chop, chop. Do i look like ive been hurt before . Because ive been hurt before. 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The washington case, including this tweet yesterday, he said, just cannot believe a judge would put our country in such peril, if something happens, blame him and the court system, people pouring in, bad. He also called this judge a socalled judge at one point, is there a Chilling Effect the president will go on the attack against a particular judge . Yes, and i think it does raise questions about his commitment to the separation of powers and checks and balances. Look, judges all the time make decisions that can be seen as endangering our security, freeing people from guantanamo, ordering people to have a fair trial. You never know what the impact is going to be, for the president to say in advance if theres a terrorist act, blame the judge, not me. Also you ask before the break about whether or not sean spicers prediction, whether this is a slam dunk victory is accurate, he may think its a slam dunk. The Justice Department lawyers dont. In the last sentence of the brief, they filed today, they said at the most, the injunction should be limited to individuals who are now in the country or just left the country they are essentially beginning to hedge their bets. Theyre beginning to say, were not going to get the whole injunction thrown out. I think there is room here for a compromise i would hope that the attorney general of washington and the Justice Department could say, maybe we can split the difference here. And have the proposal, the statement that the president issued apply only to people who are in the country. Didnt you say this last week . Didnt you say this last week, that that should be a compromise . You didnt think the whole thing would get through . Can i ask you about something else. He said a former obama official tweeted this. With every tweet, hes making it harder and harder for doj attorneys to win in court so keep it up i guess. They dont like to see the judiciary attacked in this way, its hurting the case, i dont know whether these judges will allow their own personal peak to influence the decision. I dont know if it was a smart thing for him to do, the Justice Department is feeling his pressure. I would think that a compromise resolution would be in the National Interest and then maybe the president will go back and redo this with the help of good lawyers, with the help of National Security people, we can have a win win. Having a proposal that looks like it might be religiously biassed. The immigration ban had broad support among americans. The president tweeted today, any negative polls or fake news, just like cnn, nbc, abc polls. I want to ask you about this last part, according to cnn. 53 of americans say they oppose the immigration plan. Three recent polls, all showing the majority of americans oppose the ban. I think Public Opinion is always important. 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Call for a free quote today. Liberty stands with you™. Liberty mutual insurance. Cnns new eight part series the history of comedy premieres this thursday night at 10 00. Cnns bell and george lopez. Actress and comedienne and fashion critic margaret cho joins us. How are you doing . Im great. Great to see you. I want to talk to you about the cnn series. The brand new president who is a Reality Tv Show star, who says and governs saying anything he wants to. What does this mean for comedy . Its great for comedy, maybe not so great for the world. Thats all we have right now to hang on to. Im hoping that it makes it a little better, a little easier. A little bit of sugar helps the medicine go down . Yeah, this would be caster oil going down. I dont understand why this is going on, or how this happened, but were going to have to deal with it, i guess. I want to talk about snl and that fabulous Melissa Mccarthy playing sean spicer, watch this. You need some props, my words too big, i have to show you in pictures . Here we go. When it comes to these decisions, the constitution gives our president lots of power. And steve bannon is the key adviser. Okay . And our president will not be deterred. In his fight against radical mooselambs. As a comedian yourself, what did you think of her performance . I loved it. She is amazing. I just think what a great way to lampoon whats going on. But its so funny, like, shes incredible. I love it. Sean spicer was able to laugh at the sketch. The president is not pleased with alec baldwins portrayal of him. Hes got to lighten up, alec baldwin does a great job. I also appreciate darrel hammonds impression all of the trumps that were seeing, theyre all amuse iing i love i. Can we talk about lady gaga. Some people wanted her to be politically outspoken, she didnt really deal with that much for the half time show. Many expected her to be overtly political, possibly give a speech denouncing trump. What did you think of her performance . I love her, i love everything she does i think of her as my mormon sister. I think its great, its a lost opportunity, though. We saw beyonce being extremely political when she came out in formation, how great that was and what an impact that had. It would have been wonderful to see the same from gaga, but shes fabulous. I thought with People Holding the torches, they were reminiscent of the statue of liberty. I think she said something without saying it, it wasnt so overt. Some people wanted her to go harder, i understand. Theres an artistry to it, theres a lot of different ways to express yourself politically. She did it in her own way, with that qitar and everything. Look back at the origins of some of the funniest bits of all time, youre known for your often risque comedy routines, is the best comedy always controversial . I dont think it has to be. It can be different expressions, comedy, like music has its own melody. Its fun if its controversial, its fun if it ruffles people, rattles people in the wrong way, i love that. You dont think its mean, now snl has become downright mean. Its still funny. Is part of comedy being mean . Part of comedy is being mean. I know that from joan rivers. When i see clips of her now, i cant believe shes gone. Lost her way too soon. I cant believe it, i know you cant either. Its a shock, its a shock every time i think about it. Any time anything happens i want to talk to her about, i wish that she was here for trump. I mean, i know that she had a lot of opinions about him, and it would have been great to hear her now. Whos your favorite comedian . I love tigna taro, amy schumer, and i love wanda sykes. Wanda is the best of the best. Thank you, you look fabulous by the way. Thank you, you too. Thank you very much. Dont miss the premiere of the history of comedy thursday night at 10 00 eastern. Including some of the funniest bits of all time, the 7 words you cant say on television. You remember the actual seven words . [ bleep ] [ bleep ] [ bleep ] [ bleep ] [ bleep ] [ bleep ]. Did i miss one . The problem is, i dont even think words are dirty, so its hard to remember what the [ bleep ] they are. Whats the one . Oh, [ bleep ] of course. Are you serious, lewis . [ bleep ] [ bleep ]. [ bleep ] [ bleep ] [ bleep ] [ bleep ]. Oh, my god. The history of comedy new series starts thursday at 10 00, only on cnn. Engineered, and built the cars. Theyve got the parts, tools, and knowhow to help keep your ford running strong. 35,000 specialists all across america. No one knows your ford better than ford. And ford service. Right now, get the works a Synthetic Blend Oil change, tire rotation, Brake Inspection and more for 29. 95 or less. A girl with golden locks broke into a house owned by three bears. 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