Yang and, a recordsettingti win the patriots score the biggest comeback in super bowl history. All that and more on tonights pbs newshour. Major funding for the pbs newshour has been provided by moving our economy for 160 years. Bnsf, the engine that connects us. And the william and flora hewlett foundation, helping people build immeasurably better lives. Supported by the rockefeller foundation. Promoting the wellbeing of humanity around the world by building resilience and inclusive economies. More at rockefellerfoundation. Org and with the ongoing support of these institutions and individuals. This program was made possible by the corporation for public broadcasting. And by contributions to your pbs station from viewers like you. Thank you. Yang a federal Appeals Court in california is the focus tonight in the legal war over banning travelers from sevenev mostly muslim nations. The flow resumed over the weekend, and today the presideny again defended his order. Lisa desjardins begins our coverage. Reporter today, a continued current of more arrivals like this one at Dulles Airport outside of washington. Families previously denied entry under President Trumps travel order, now met with applause. Some due to the weekends court orders, others like brothers tareq and ammar aziz from yemeno because they are green card holders who had to reschedule after confusion over theirhe status. Reporter all this, following fridays ruling by federal judge james robart in seattle that halted several key provisions, at least temporarily. That ruling drew a tweetstorm of criticism from the president. If something happens mr. Trump wrote blame him and the court system. He had more to say today, at Macdill Air Force base in tampap florida. We need strong programs so that people that love us and want to love our country and will end up loving our country are allowed in. Not people that want to destroy us and destroy our country. Reporter it was his first visit to u. S. Central command the military wing overseeing the middle east. As he spoke about radical islamic terror attacks, mr. At trumps sharpest criticism was about the media. Its gotten to a point where its not even being reported. In many cases, the very, very Dishonest Press doesnt want to report it. They have their reasons and you understand that. Reporter we asked the white house for specific examples of unreported terror attacks andro did not receive a response. Meantime, Vice President pence defended the president s words about the seattle judge overve the weekend on abc. And the president is determined to use the authority that he has under the constitution and under the law. Reporter the legal battle has moved fast. The Justice Department asked a a federal Appeals Court over the weekend to reconsider judge robarts action, saying itit harms the public by thwarting enforcement, and secondguesses the president S National Security judgment. But the attorneys general ofbu Washington State and minnesota who pushed for the original halt to the order responded back strongly. Unfreezing it, they told the Appeals Court, would unleash chaos, and would, once again, separate families and strand University Students and faculty. Major tech firms, including uber, apple and google filed their own briefs against the travel ban, saying it will hurt their work forces and the economy. And, former secretaries of state john kerry and madeleine albright, also filed briefs, saying the ban will harm counterterrorism partnerships with other nations. Late today, President Trump returned to washington, as the Appeals Court mulled its decision. And staff at the white house confirmed what many people are thinking, that this whole fight over the travel ban could end up at the u. S. Supreme court. John . Yang we heard President Trump talking about the the Court Case Involving his immigration order. What are the officials at the white house saying . I finished talking to the press secretary. He stressed this is temporary, that the administration is working on more permanent actions that may not be executive orders but just new forms of vetting. Second, he talked about a real fear the white house has. He used these words i hate to be explain ago terror attack that could have been prevented by our actions. However, at the same time, john, we now have word 16 Democratic State attorne attorneys generale opposite, they filed supportive briefs to the attorneys general who are fighting it. Yang you got word from white house about the claim of unreported terror attacks . On the plane back from florida, sean spicer said the president was talking about unreported plots. The president didnt use the word underreported. He said not even being reported. Were waiting to see the list. Yang Lisa Desjardins onp the white yang in the days otherth news the senate went into athtr roundtheclock session in ati showdown over betsy devos,nd President Trumps nominee to bea education secretary. Shes a wealthy republican donor and champion of alternatives to public schools. D democrats said today theyllck hold the senate floor until tomorrows confirmation vote. She is the least qualified nominee in a historically unqualified cabinet. Ow on conflicts of interest, she ranks among the worst. On philosophy of education, her views are extreme. I have every confidence that ms. Devos will lead the department of education in such a way that will put our students interests first while also strengthening the Educational Opportunities available to all of americas children. Yang the confirmation tally could come down to a tie, leaving Vice President pence to cast the deciding vote something no other Vice President has ever done in a cabinet confirmation. Senior republicans are brushing aside President Trumps latest remarks on russian president vladimir putin. In a fox news interview that aired sunday, he dismissed bill oreillys characterization of putin as a killer. The president said there are a lot of killers. And he asked, our countrys so innocent . Today, texas congressman Mac Thornberry chairman of the House Armed Services committee rejected the comparison. He said are we the same as putins russia . The answer is no. In afghanistan bad weather and snowblocked roads are hampering rescue efforts after avalanches killed at least 119 people over the weekend. Nearly 90 more were hurt. Workers are trying to reach remote villages in the northernn part of the country, where nearly 200 homes have been destroyed. Officials say some places were buried under more than six feetd of snow. The onetime president ial frontrunner in france insisted tonight he will not drop out of the race despite anes embezzlement scandal. Conservative Francois Fillon has plunged in the polls, opening the door to farright leader marine le pen, who echoes President Trumps populism. This evening, fillon defended himself against claims that he put relatives in highpaying government jobs with no real duties. translated what was acceptable yesterday isnt anymore today. By working with my wife and my children, i favored this collaboration of trust which today creates distrust. It was a mistake. Yang the first round of voting in the french president ial election will be ia april. Ahead of the balloting, facebook and google are teaming up with french news organizations to w tackle fake news. The Companies Say theyll provide tools to 17 french newsrooms to help them identify and debunk false stories. Facebook was criticized for not preventing false information from being republished during the american president ial election. Wall street opened the week on a quiet note. The Dow Jones Industrial average lost 19 points to close at 20,052. The nasdaq fell three points, and the s p 500 slipped nearlys five. And boston is getting ready for a blowout celebration after new englands dramatic overtime win over atlanta in the super bowl. The patriots returned home this afternoon after coming from 25 points behind last night to win, 34 to 28. Its their fifth n. F. L. Title the city holds a parade tomorrow. Well take a closer look at a game for the ages, later in the program. Still to come on the newshour legal arguments for and against the immigration ban as the courts weigh in, its politics monday a look at the inner workings of the white house, and much more. Yang now, to the constitutional showdown over President Trumps controversial executive order on immigration. For the first of two looks at whats at stake, we are joined first by Washington State attorney general Robert Ferguson from seattle. His Court Challenge to the ban led to this weekends reversal. Attorney general ferguson, us. Ks for joining if the court lifts this ban, lifts the temporary restraining order, will you appeal to the Supreme Court . Well, to be crystal clear, ill use every tool i have to make sure that this unconstitutional executive order does not stand. That said, were confident the t 9th circuit will affirm what George Robart will affirm his decision to grant that t. R. O. Yang ir assume youre anticipating if he does keep it in place that the justice will take it to the Supreme Court. Whats your sense of how your chances would fare on the current court. Well, i feel very confident. As in mentioned, judge r obart s a serious, wellrespected judge appointed by president george w. Bush and he took the significant step of granting a temporary restraining order. Its a high hurdle for a lawyer to meet in a courtroom to get a judge to grant a temporary tempr restraining order. Despite the 9th circuit declined give a ruling a few weeks ago, well go to the Supreme Court if thats what it comes down to. Yang you would still have to go back for a trial on the merits before the judge in seattle, is that correct . Yes, in order to grant the temporary restraining order one to have the criteriag that the judge must conclude is the state has a high lollhood of prevailing on the merit. Hes also reached the conclusion were likely to prevail once wee get to the merits before the judge. Yang the conns tuition against the Judge Authority to conduct Foreign Affairs and address immigration. Mi congress gist the president law to restrict entry of people he may deem appropriate. Ma why do you argue this is unconstitutional . Pretty straightforward. Has broadresident authority, we dont question that, but what the federal government is literally arguing is its unfettered, that the court cannot look behind my motivation for that order or whether or not its constitutional and that tha has never been and cannot be the law. Andre a nation of laws nobody can ignore our constitution, no ones above the law and that includes the president of the United States. If this executive order just called for the extreme vetting, as President Trump calls it, and not specified countries, not giving preference to christians well, it gives preference to religious minorities in these countries which means christians and other religions, would that have removed the constitutional objections, in your review . Im asked about Different Things that would solve the problem the government would have but there is significant vetting going on. I returned from sea tac. In one case a man went through a twoyear process to get his visa. Hes joining his wife here whos a citizen and a cousin who is at Washington State university and works at boeing. He would be a great addition and thats happening all across the state. Yang the Appeals Court asked for all arguments. Give us a preview of what you will be saying before the threejudge panel. P so you have news i am hearing for the first time. So were not surprised if there is oral argument. We anticipated that to be the case for an issue of this magnitude. Well make the case there can be no unfettered discretion for a president. You haver to look behind what hes doing here and we find inn this case it violates various constitutional provisions and also vie lats specific statutory provisions as well so were confident well prevail. Va yang the president has been tweeting about this and says the temporary restraining order puts our country in such peril. If something happens, blame him, meaning judge robart, and the court system, how do you respond to that . A couple of things. Number one, as a lawyer, his comments about the judge being a socalled judge, for example, or statements like that are deeply concerning about anyone who cares about our judiciary. My wife and i are raising our twins to be gracious in victory or defeat and President Trump is having difficulty handling a defeat he lumped before the judge. Yang what about the the argument this could allow a terrorist to come into the country . What did i would encourage the president to draft an executive order thats coverages tuitional. Thats his job and responsibility. My job and responsibility is to make sure everybody, includinge the president , plays by the rules and follows the constitution. In a courtroom, it is not the loudest voice that prevails, its the constitution and thats why i think were prevailing now. Reporter attorney general Robert Ferguson from salet. Thank you very much. Yang now, for a differentor take on President Trumps executive order, republican congressman ted yoho joins us from capitol hill. Mr. Yoho, thanks for being with us. Hope you were able to hear the attorney general from washington. Yes. Reporter he says this violates both the constitution n and Immigration Law enforcement what do you sayd to that . I disagree. The president or executive has the ability to decide who comes in and doesnt if its a National Security risk. R all hes asking ive read the executive order all hes asking is put a pause on it so we get the metrics right so we can do the background checks correct. I dont see a problem with that. Hes got in where you come back in 30 days, aassess, 60, 90, 100 days. This is a pause, not a complete ban. I think anybody concerned with National Security, and if you look at our constitution, he kept talking about being constitutional, the constitution states clearly the number one task of our government is to provide for the common defense and protection of this country, and i think, when you look around the world, other areas that have not done this, i think theyre wishing they would haved been a little bit more stringnt in the examination of people coming in in the refugee program. You know, look at belgium, paris, germany, and i think this is the time that we have to do that, and, again, its a temporary pause and people, i think, just need to calm down, let us work through the processo the courts will work this out, but i think its also good that it brought to light how we have to fix our immigration policy, so i welcome that, too. Yang the opponents of this are also arguing in their Court Challenge that this creates this temporary pause, as you call it, as you say, would create immediate and irreparable injure in employment, education, business, family relations and freedom to travel. Fr how do you respond to that . You know, i think those are talking points people are throwing out there. E there is going to be some inconvenience. But how inconvenient was 9 11 . How inconvenient were the attacks in bell gums and brussels . Those were extreme consequences that came from not vetting people properly. We dont want to make thata mistake. Would you rather err on the side of caution or wait Till Commission answer and pans ans to the American People why you didnt vet properly. Yang are these countries, the countries specified in theie executive order, given your experience, are these the countries you would have chosen . I think these are good countries to put on there. S you look at syria somalia, these other ones, they dont have the infrastructure or the i. T. To go back and look at somebodys birth record, history, work records. You look at other countries, and we hear, well, saudi arabia is not on and thats where the 9 11 terrorists or the majority ofor them came from. Am we have sat down with saudi arabia, the u. A. E. In egypt, they have Good Technology and i. T. Systems where we can do these background checks and theyve beefed that up since then, so we feel comfortable with there. R but look at syria a nation ravaged with poor that they cant go back and look at the records, or so mall. I cant you cant go into the country like that. You look at the people who have infiltrated the refugee programs. Og we know theyre using Fake Passports and we know countries that are complicit making Fake Passports. Lets get this rights, let people calm down and mauck sure we go through the vetting pro