Transcripts For CNNW Erin Burnett OutFront 20170211

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and president trump meeting with the japanese prime minister at mar-a-lago. good evening, we begin with breaking news out front on this friday, we have learned new information into allegations raised in a collection of memos, created by that former british intelligence agent. jim sciuto has been working on this story, breaking it at that time president trump had been briefed on this summary memo. what have you learned tonight? >> reporter: for the first time u.s. investigators say they have corroborated some of the communications detailed in that 35-page dossier compiled by a former british intelligence agent. cnn h nrks nrknn as you reporte the then president-elect trump and president barack obama about the contents. we have learned u.s. lawmakers and intelligence officials say that intelligence intercepts of foreign nationals confirm some of the conversations described in the dossier, took place with the same individuals at the time locations as detailed in the dossier, the krob yacorroboratid on intercepted communications have brought greater correct to some sections of the dossier as they continue to investigate the contents. it should be clear, cnn has not confirmed the contempt of the calls or if any of the content relates to then candidate trump. and none of the new information relates to the salacious allegations in the document. white house spokesman sean spicer said we continue to be -- the fbi, the department of justice, the cia and the office of director of national intelligence all reached by cnn, they had no comment. >> so, jim, you talk about this didn't relate to the salacious parts of the dossier, but they were serious allegations in here. do you have any sense at this hour, what it is that u.s. investigators have corroborated, that is true in this dossier? >> the dossier details about a dozen conversations between senior russian officials and other russian individuals. one thing the u.s. has is a collection of foreign call intercepts, so they used that information to seek to verify that some of these alleged conversations described in the dossier took place. and u.s. intelligence officials emphasize the conversations they have now verified were solely between foreign nationals, including those tied to or inside the russian government. but some of the individuals involved in the intercepted communications were known to the u.s. intelligence community, as being, quote, heavily involved in collecting information damaging to hillary clinton, and i should note this, erin, helpful to donald trump. >> which obviously is a crucial part of all this and whether there was any kind of collusion there. the sources i know that you have been talking to say, look, there's confirmation these conversations happened, and it's crucial to emphasize the dates and times and places they were ae alleged to have occurred. there's still a lot in those 35 pages that they cannot verify. >> absolutely not and we want to emphasize that as well. they have not corroborated the more salacious things, end quote, that appear in the dossier, and cnn has not confirmed any of those salacious allegations. law enforcement officials say they could not verify any parts of the memo, they are now saying they did corroborate some of those communications,ly say that none of the officials we spoke to for comment cannot prove they had any alleged conversations between russian firms and u.s. citizens and that includes associates of then-candidate trump. officials on this story say they have not reached any final judgment on whether the russian government has any compromising information about the president, president trump and his staff, you remember this erin as well, the trump administration has called the entire dossier as false. >> one of the lawyers for trump said he didn't travel when they say he did travel. but a very significant development tonight, that some of the elements in the dossier have been corroborated tonight. very significant development there, we have more breaking news at this hour as well. president trump just speaking to reporters aboard air force one about his controversial travel ban struck down by an appellate court just 24 hours ago. athena jones was traveling with the president on that plane, live in palm beach, florida where he is spending the weekend at mar-a-lago. he came and spoke to you, what did he say? >> reporter: that's right, just a few minute into the flight after taking off from andrews air force base, the president and first lady melania came to the front of the plane to talk to us. i asked him about the travel ban and those new security measures he said would be coming, here's what he had to say. >> we'll win that battle. the unfortunate part is that it will take some time, we'll win that battle. but there's also other options including filing a brand-new one on monday. we need speed for reasons of security, so it could very well be that we do that. >> reporter: and so to be clear there, he was reiterating this idea that he believes that the government will ultimately win the fight over this immigration ban, despite the ninth circuit's ruling, he said that could take a while, so what he might do instead is file a brand-new order, he said, as soon as monday or tuesday. he was asking, is that the plan? he said i would like to keep it a surprise, but we very well could do that. we also asked him, okay, so what changes would you make to the order if you're going to refile it or write a new one. he said very little. he said in honor of the court ruling, we might do this monday or tuesday, it was a little unclear. i also asked him, erin, to expand on these new security measures he spoke out in the press conference earlier today, he didn't really expand beyond what he said at the press conference, talking about the need for extreme vetting, saying there will be extreme vetting and he said we will nak sure that people coming into the country are doing so for the right reasons. >> athena, thank you very much, we're going to have much more on what the president had to say on that claim in just a moment. i first want to get lreaction t this decision. noah, first the breaking news, right, the president is saying, possibly going to come up with a completely new order, not going to immediately appeal the ruling last night up to the supreme court. what's your reaction? >> reporter: well, i'm going to wait and see until we have some official word and then of course talk to our attorney general about what might come next. i mean we have said all along that he thinks we should tear up this executive order and find a constitutional way to make sure that we're protecting the borders the way they need to be protected and he should be able to do that within the constitution. so we think it would be a good thing, if he rips this up and starts over, that would obviously be a great development, but like i said, it seems too soon to say what they're actually going to do. >> he's talking about extreme vetting and the need for security, words we have heard him say before. but whether this is political in any way by the state of washington as to whether this is purely legal and constitutional. is there an order he could issue that would apply to certain countries that you would not challenge? >> on your first point, just about whether it's political, as the attorney general has said many times, we sued the obama administration multiple times over issues, this is not a political issue for us. whether he could issue a different executive order that would not raise the same concerns, i think it's theoretically possible, but we will have to wait and see what the order actually says, unfortunately, there's been so many statements that he's made that have been so troubling that it would have to be very carefully done so as to not raise the same concerns. i have spoken with the national security agencies, and the people who are expert on these sorts of things, the people he did not consult with last time, and if he's going to do something, do something much narrower and more targeted. >> he can't unsay the things he said in the campaign that you used as your evidence, talking about a muslim ban, which you included in your evidence. do you anticipate using that again? >> well, again, it would depend on the specifics and of course it would be up to the attorney general what we would want to do. but a lot would depend on the specifics of the order, and if we have learned anything in the last few weeks, it's -- well, it's hard to know what's really going to happen, i guess, is my main point and we'll have to wait and see what the president and the administration are actually going to do. >> there are 25 judges on that court, we now reporting just coming in this hour, that one of those judges is requesting that the full circuit vote on that ruling. 3-0 doesn't matter, they want a majority of the 25. are you worried about that? that obviously means some on that court do not agree with that ruling. >> we're not worried about that, that's pretty common on the ninth circuit, that a judge would call for rehearing on bonk. it's a wide range of views and backgrounds, we have a brief now due on thursday in response to that and we're already talking about getting started on that and we're confident the result will remain the same. >> i just want to bring in paul callan, who has one question. >> just one quick question, this is a fast moving story, seems to change every day. on one scenario, that you can't agree on the executive order and the negotiations fall apart and you go back to the appellate court to proceed with the preliminary injunction, will you seek to take the deposition of the president regarding statements he made during the campaign about muslims? >> those decisions are down the road and i, you know, we will obviously be looking for all the evidence we can find that goes to the intent of the order. but specific decisions about who we might depose or what questions we might ask are a ways down the road. >> noah, thank you very much, noah purcell, solicitor general for washington state. let's give paul a chance to react to what he had to say. that's a crucial question that you just raised, that the president of the united states may have to be deposed, he wasn't president at the time and he can't claim some sort of executive privilege. >> president trump's lawyers, our lawyers lay out everything that could happen in a case. you go back to the district court, when i read this decision, there are a couple of very important lines there about the president's use of the term muslim ban on multiple occasions, those would have to have been during the campaign, the government could seek depositions of the president, of his daughter, of governor christie, of giuliani, of anybody who might have been in that small circle when this was discussed. which is why, i think president trump, that's one thing he's looking at, he's saying do i want to get involved in depositions on what happened during my campaign, or do we redraft this completely in order to make it go away. >> obviously, this now means that there's a step that nobody anticipated, the trump administration said that they were going to accept the 3-0 and try to do it another way. the solicitor general said that they won. this is a new twist. >> the way it works is, you've got a big bench, over 40 judges, if even one of them says i would like a hearing on this before an 11-judge panel, rather than relying on these three judges. then they circulate memos amongst themselves then they invite the parties and then the judges all vote, and if a majority of them say we want a hearing on it, there will be a reconsiders of t reconsideration of the appeal. it's very rare, it does happen. >> but it's opened the door? >> it does open the door, and it would delay things for another month. and let me lay out a strategy for the trump administration, this could delay things for a month, month and a half, and they proceed with the gorsuch nomination, so he's on the bench when this reaches the supreme court. that could be one strategy. >> if the trump administration chooses over the weekend to put a new executive order, that they have more carefully vetted, as noah was discussing, that means that the case that went to the appellate court just goes away? >> it would become mute. but mr. purcell and his lawyers look at this one, they this is just as bad as the old one. they could file again. >> but you made it clear, they're going to look at it very carefully. trump's national security advisor, michael flynn under fire tonight. we have questions tonight about his contact with the russian ambassador to the united states. plus kellyanne conway says she apologized to mr. trump about promoting ivanka trump's clothing line. who will be the next woman to be one of the men from team trump? 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"i am going to protect and save your social security and your medicare. you made a deal a long time ago." now, it's congress' turn. tell them to protect medicare. delayed refunds till february, so how can you can get up to $1300 today? at jackson hewitt, you can get an express refund advance - a 0% apr loan. can't get that online! visit jackson hewitt, and you could get up to $1300 today. . we're back, senator sanders is back with me, i want to apologize to our viewers, obviously for that technical issue. senator, you were just talking about cnn fake news. >> here is the point, erin. it is not a joke. and i can tell you that here in vermont and all over this country, there is a real concern over what's happening in this country over the last month. when you have a president who attacks people in the media who make critical remarks of them, which is what their job is as providing fake news, when you have a president who attacks a judge who rules against him is a so-called judge, indicting the entire judiciary, clearly we have a president who does not understand what our constitution is about, what democracy is about and i think there is a fear in this country of this nation under trump moving into a more authoritarian mode. second of all, what i hear in vermont and all around this country, is people see this president as a total hypocrite, someone who campaigned before the american people, saying i'm a different type of republican, i'm not going to cut social security medicare and medicaid, then he appoints people to those important positions whose whole life's work has been cutting social security, medicare and medicaid. he says i'm going to take on wall street, then he appoints the head of goldman-sachs, one of the largest financial institutions as his right hand guy and surrounds himself with billionai billionaires, so i think there's consternation in this country and you're seeing people stand up and filing back. you're seeing it in utah and elsewhere. hundreds and hundreds of people coming out. on february 25th, two weeks from tomorrow, there will be, whirals all across this country, where democrats, independents and republicans, are going to go out to congressional offices and say you're not going to throw 30 million people off health insurance. >> you bring up those town halls, i want to ask you that now, there's been a lot of anger and protest at these town halls, this is all about obama care, as you point out. you're talking about another day of action, you had one back in january that you were leader of. do you think this is going to have any impact on republicans, who will of course control this repeal and replace? >> you know what i think? i think it has already had a huge impact. just two months ago, republicans were saying, we're going to repeal affordable health care, we're going to raise prescription drug costs for seniors, we're going to do all of that, repeal, repeal, repeal. guess what? you're not hearing that anymore. i think when hundreds of thousands of people come out and actually support the republicans, what are your ideas to improve it? how are you going to drive down deductib deductibles, how are you going to insure the people who don't have it. are you going to make sure that people with preexisting conditions at a rate they can afford? are you going to throw their parents off of medicare. i don't think you're going to see them going forward with the repeal of the aca. >> they're not going to let it stay as it is. >> no, they're not. but i think they're going to have to address the fact that we need to make it better, not just throw it out. people are saying, you're crazy, you just can't throw out something without replacing it with something that is as good or better. but i think that is the message that the republicans are getting and they are hearing it very clearly. >> it's interesting that you have all of this action around obama care right now. and a lot of protests about that. but also a lot of questions about where the democratic party is going, obviously you're an independent, but this is an issue that's near and dear to democrats' hearts. we are hearing from a source and i don't think you've heard this, president trump said that elizabeth warren is now the face of the democratic party, but that's not how he said it. the way he said it, pocahontas is now the face of your party. what's your reaction to that? >> well, again, what can you say? i keep saying that's unbelievable. i mean he's using incredibly insulting words, elizabeth warren to my view is one of the outstanding members of the united states senate. i understand why trump may not like her. when she has stood up to wall street and stood up to the billionaire class. in my view, i think we need basic transformation of the democratic party, to make it a party that is for the people. make it very clear, we're going to stand up to the drug companies and the insurance companies and we are going to read about the kinds of changes that this country needs to protect the middle class and working families. >> why do you think that he always attacks her? he's not attacking you, why is he attacking her? because she's a woman? why? >> you know what, erin? i really -- trying to understand the way this president functions is something that i can't quite figure out myself, and i'm not sure that many people can. >> it does bring me, though, to a serious issue, of course, which is mental health. in recent days several democrats have questioned his mental health, nancy pelosi said she should get a mental health check, she used the world delusional to describe him. i know how you feel about him, but do you think this talk is disrespectful of the office of the president? >> you know, that is a fair question. and if you know my personal record, you know, you know i am maybe the most progressive member of the united states congress. but that doesn't allow me and i never have attacked people because their views are difference than mine. you got a lot of republicans who are conservative, they're deecet on ne honest people. i use the word -- who used illegals who voted in the last election. that is delusional. nobody in the world believes that is the case, there is zero evidence to back it up. but he makes that statement. so i think delusional is correct. i have used the word pathological liar to describe donald trump. those are very harsh terms, i disagreed with george bush all the time, i never called him a pathological liar, he was just a conservative president. but this guy lies all the time. so we are in kind of a new era, and i know the media is figuring out how they can deal with it. democrats are trying to figure out how they will deal with it. and you have republicans who are not all that enthusiastic about the way this president is behaving. but people, middle class people, are understanding that this guy is not delivering what he promised. how can you go around saying you will not cut social security, and then you appoint to be head of h.h.s., whose whole life has been about cutting social security, the hypocrisy is unbelievable. >> although he hasn't done it yet, and one could argue he's keeping absolutely all of his campaign promises, which includes the travel ban. i want to get your view tonight because he says he's issuing a new executive order, because this is about security, he doesn't have the time to fight through the courts. we asked him tonight on the plane to mar-a-lago how this would be in the new report. >> we're going to have very, very strong vetting, i call it extreme vetting and we're going to have very, very strong security in our country, we're going to have people that want to be here for good reasons. >> is there an executive order on this issue, senator, that you could get behind? because we all know there are major security risks, there are people outside of the united states, who do want to come here to do americans harm. is there an executive order on this front that he could rework that you could support? >> look, erin, what the president just said is what everybody agrees with, who wants to create a situation where people are going to come into this country to do us harm? there already is very, very strong vetting, if the president has an idea on how you make that vetting even stronger, and may keep us safer, that's fine, who disagrees with that? but this is what i will tell you, and it's not just me, these are national security experts who are saying that president trump's words and his deeds are making us les safe, because he's feeding ammunition to the people all over the world, the jihadists are telling young people, see that? they really do hate us. they are anti-muslim, stand up, fight americans, so i think and many national security experts would agree with me that we are becoming less safe because of this anti muslim rhetoric and actions. >> senator thank you for your time tonight. >> thank you. and outfront next, melania trump, her first trip aboard air force one this afternoon and getting ready to host the japanese prime minister and his wife tonight for dinner. and kellyanne conway, she says trump supports her 100%. we have some new reporting on that that may surprise her this evening. heart healthy california walnuts. the best simple dinner ever? 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(singing) we're no strangers to love i love that! hey, i know a bunch of people who'd like that. who's that? the internet loves what you're doing. so build a site in under an hour at godaddy. ♪...run around and desert you tonight the breaking news, a source close to the trump administration says that -- we learned that conway apologized to trump after touting ivanka's brand during an interview, telling people to go out and buy it. >> there is no dance she will not go into. >> reporter: at the end of a rocky three weeks, it's a tv appearance that topped a string of kellyanne conway missteps. >> i love it, go buy it today, everybody, you can find it online. >> reporter: a top advisor at the white house pedalling ivanka trump's travel ban. they're asking the office of government ethics to review, the backlash prompting the response that wasn't exactly back pedalling. >> i'm just really happen that i spent a lot of time with the president of the united states this afternoon and that he supports me 100%. all i can say to america's women is, at some point in your life, you ought to have a boss who treated me the way the president of the united states treated me today. >> reporter: a subsequent tweet didn't save conway by being lampooned by late night. >> from now on the only network kellyanne conway should be on is qvc. >> go buy it today everybody, you can find it online. >> sean spicer our press secretary gave alternative facts to that. but the point remains -- >> alternative facts? look, alternative facts are not facts, they're falsehoods. >> reporter: later presenting a falsehood herself referring to a made up massacre. >> the obama administration had ---they were the master minds behind the bowling green massacre, they didn't know that because it didn't get covered. >> reporter: it didn't get covered because it didn't happen. conway said she misspoke, saying i meant to say bowling green terrorists, these two men were prosecuted for sending weapons to iraq. the linguistic leaps, the punch line on saturday night live. >> if you read the whole tweet, that is what it says. >> reporter: conway's character showcased getting testy about having to constantly defend her boss. >> what do you want me to stay? yes, he said that, he's crazy. >> reporter: even letting loose basking in her notorious name recognition. ♪ conway >> reporter: but it is not all lives, the office of government ethics could recommend punishment for kellyanne conway's promoting of ivanka trump's brand. in the end it is really up to the president. but federal law does bar employees from promoting a product that would benefit a friend or relative. >> now the director for ted cruz's campaign, dan pfeiffer, kellyanne conway says the president supports her 100%. we have heard reports that the president is upset with her. how much does it hurt her credibility? >> hurts her correct a lot. her job is to go on tv and advocate for the president. she's made mistake after mistake and she's learned the difference between being a cable tv pundit and being a spokesperson for the president of the united states. and when you make those mistake, she undermines her credibility. every time i turn on my phone, i see kellyanne conway is trending, and it's never for a good reason. so it's hurting what she does best for the president when she's advocating for the president. >> she does a good job, if you go back and actually look at this videotape, you can see that she was asked a question about the clothing line, she answered the question with a solid question, saying that she feels as though the department store is taking it out on her because they don't like donald trump. and then she said an off the cuff, humorous line as a throw away line. we're still talking about it after two days, you would think she walked out there with a make ivanka clothing line cap. the fact that we're still talking about it, i don't understand. >> alice, maybe we're talking about it because of all of those other examples that jessica snyder just presented. i mean kellyanne conway used the phrase alternate facts. if this was just one time, maybe we wouldn't be talking about it, but it's not just one time. >> given the vast amount of interviews she does and the amount of time she gives her time to the press, she has more opportunities to misspeak, it's only going to happen. but she is one of the most accessible people to the media and many people in the media are grateful for that fact and those kinds of things are going to happen and i think it's important to stress, the last report with all due respect to jessica, the comment that trump isn't 100% supportive of her, i don't know where that's coming from. he thinks her comments were one strong woman supporting another strong woman, his daughter, he's loyal to those who are loyal to him. he stands behind those who stand behooiind him and that's exactl what he's doing here. >> gloria borger says that trump is expressing some frustration with kellyanne conway. there are factions that are out to get each other, maybe that's too strong a word, maybe that's not too strong a way to describe it. >> there are clearly factions, i don't know who's in what faction, but the things that white house officials are saying to other white house officials on background. every day you read another story about someone in the white house trashing sean spicer, saying that trump doesn't support him, doesn't like him, that it hurt -- that reince priebus is out of favor, because he supported sean spicer. in white houses, presidents get mad at each other, staffers get mad at each other, but you don't read it minute by minute in the paper. it's like "hunger games" or "game of thrones" in there. >> you've known kellyanne conway for a decade. putting aside who's in favor and who isn't in favor, the discussion about it. and dan is right, the constant leaking and the constant sniping one person to another person, hurting their credibility and it hurts their ability to do the main parts of their job, isn't it. >> there are going to be those jockeying for position, there's going to be time who want more time with the president. there are going to be opportunities for people to try and gain favor by getting information out in the press and there does appear to be a lot more of it in this administration, but at the end of the day, if you look at what they have been able to accomplish in these first three weeks, it's incredible the vast amount of work they have done in getting confirmations and getting supreme court nominations, they have done quite a bit of work, and meeting with foreign leaders and foreign leader calls, they have done a lot of work, i think that needs to be much, much more the focus rather than the palace intrigue that's garnering headlines. >> it seems to be coming from the top, trump likes this, he likes to be the one to determine their confidence day and day out, right. >> we saw this in his campaign, maybe that's a good way to run a campaign, maybe it's a good way to run trump university, but the white house staff is overextended, has more than they can handle. so even in the best of scenarios, it's a really hard job and in this world of chaos and paranoia, you simply can't function. and right now it's not about kellyanne conway or sean spicer, it's going to be about something real very quickly, when people like sean spicer or kellyanne conway can't go out and be trusted by the public. all eyes tonight on melania trump hosting her first state dinner, we are live at mar-a-lago, and the internet explodi exploding, demanding rosie o'donnell, this is amazing, isn't it? 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(avo) ask about namzaric today. breaking news. first lady melania trump, completing her first ride on air force one, arriving in west palm beach, and the trumps now getting ready for dinner with japan's prime minister and his wife, spending the weekend together as well as donald trump's mar-a-lago estate. the author of first women, kate anderson brower. kate, good to have you back with us. we know that melania hasn't been living at the white house, she's been in at trump tower in new york. we first saw her today getting on air force one. >> the fact that she wasn't here for the -- we haven't seen that before in recent history, when she visited laura bush took her to a suburban washington school to meet with the school children, it's really expected that the first lady play hostess, however affentiquated t might seem. it's surprising that she didn't come down for that visit. >> she didn't go to that part, but she's now coming to dinner. >> when president trump went to dover air force base for the return of the navy s.e.a.l. to died in that raid, it was ivanka trump who you see here getting on marine one, traveling with him. today melania not there for that meeting in the oval office, it was ivanka was not there. how significant is that? >> very, i mean we don't see a first daughter take that role, we haven't seen it ever, i think it's also really interesting that karen pence didn't fill in today. if you look at the recent past, jackie kennedy relied on lady byrd johnson a lot, more than 50 times in the white house to fill in for her when she simply didn't want to do things. there are a lot of responsibilities that come with being first lady. lady bird would fill in so often that she was called st. bird by jackie's staff. i think that would be really interesting to see if we see more of the second lady, and more of ivanka in the future. >> you also have, what role is melania really going to play, kate? she's still in new york, she's hered a social secretary, a chief of staff, how is where she is right now compared to where michelle obama was at this time in the first administration? >> it was a very stark difference, michelle obama had at this point almost all of her entire staff in place, she had more than 20 staffers in the east wing and the fact that we only have three from melania trump is a big difference, but i will say, it took michelle obama some time to find a sort of the let's move campaign, it took her about a year to get that going. so i think we should cut melania some slack when it comes to this apolitical campaign that she's probably going to have to do, like cyber bullying, she's talked about. but just the optics of her not being here, i think it sengds a important message. and now alec baldwin, hiss donald trump impersonation was a hit. who will play steve bannon? here's jeanne mos. >> reporter: fans are expecting a trump-o-spoeb this weekend. >> no one can resist my sweaty balls. >> president trump can. the teaser alone probably annoys him. >> this is my home, this is my heart beat, so i must return. i must find the strength -- >> alec, you were just here yesterday, it's not that big of a deal. >> oh, it's a big deal. >> lately the big deal has been melissa mccarthy's portray yool of secretary sean spicer. politico reported sources close to president trump said that what bothered the president most about the portrayal, is that the role of spicer was played by a woman, that made some women mad and sparked a push to draft rosie o'donnell to play trump's chief strategist, steve bannon, these are their faces morphed together, rosie is using this one as her twitter profile picture, and she tweeted a photo of steve bannon with a dummy of donald trump in his lap. >> she's a slob. >> reporter: trump critics figure it would drive the president nuts to see her apply bannon. rosie tweeted available, if called i will serve. but sorry, rosie fans, we have a five-word answer from rosie's rep, she is not doing "snl." >> unless of course the show invites her and she accepts at the last minute. when it comes to president trump. >> living with this pig face. >> snake oil salesman. >> all eyes will be on "snl," thank you for joining us. anderson's next. a very good evening to you, i'm jim sciuto, filling in for anderson tonight on what is a very busy news friday night. at the end of the third full week of his presidency, donald trump has landed in florida aboard air force one, his travel ban still very much in the air. the breaking news tonight, after a loss in the ninth circuit court of appeals, and a tweet from the president saying, quote, see you in court. the donald trump administration may not in fact appeal the decision after all. at least not right away. that is ang

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