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. 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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 co