Appeal process. The travel ban expires in 90 days. Frank, julie. Candice nguyen, thank you. This afternoon Hillary Clinton got in a little dig at at the present time tweeting simply 3 0, presumably a reference to the unanimous ruling by the judges. Joining us now is uc hastings law professor david levine. It seems clear that the Trump Administration is going to appeal. What happens next . Probably they will go to the u. S. Supreme court and see if they can get a stay of the stay, if you will, from judge kennedy, or more likely he would refer it to the entire court which would require five votes. Not very likely. Better is to go to seattle, briefing schedule, go along with the normal process which would be file the briefs, let the judge rule on the preliminary injunction, then take that back to the 9th circuit. Or another option which you said is extremely rare, justice kennedy, who oversees the 9th circuit could convene an 11 judge panel which would take up the matter all over. It would be the votes of the 9th circuit. Justice kennedy would not be part of that. But key convene the panel . No, he wouldnt be doing that. The judges themselves would have to vote on doing that. He is not the one who would convene the panel. What do you think is the best option if you were the president . What do you think key do if. If i were advising the president as the lawyer i would say go to seattle, lets make a good strong case in front of judge robart to show just how important the National Security concerns are, perhaps have an affidavit from the head of the cia, something from the state department, something from the defense department, make a really strong case in front of judge robart and then see what judge robart rules, then take that to the 9th circuit. They would be in a far bert procedural posture instead of swinging for the fences, which is what they tried to do with the 9th circuit and failed. Going to washington they will probably fail. Just play the process out, and the United States government would be in a far stronger position than they find themselves in right now. Is it significant at all that this was a 30 decision given that one of the judges was appoint by a republican president . Its very important. If you remember from the oral argument tuesday there was some concern that judge clifton, a bush appointee, maybe was being a little hard on the solicitor, and vice versa, that the democratic judges were a little harder on the United States attorney. But by doing this all together and particularly the strong statement reaffirming that the courts have a strong role to play, the president has a lot of deference in immigration, a lot of deference in National Security but the courts after role to play, and to have a 30 opinion from these very different thinking kind of judges is to say, no, we all agree on that point, thats very significant. Quickly because were almost out of time, what about the timing . This is a 90day travel ban. Were already into that period. If the expires what happens at that point . They reissue it . The president could reissue slightly different order, and maybe thats a good course for him also which would be to write a new executive order which can stand up in court. They could easily do that and just get this all out of court. The president has a lot of power and key use it wisely. David levine thank you for joining us. Of course. On ktvu. Com we have posted a link to the entire 29page document issued by the 9th circuit. Click on web links. To the weather now, and another day of heavy rain. Check out the conditions this afternoon in guerneville. We saw minor flooding along the Russian River which is expected to crest at six feet above flood stage tomorrow morning. Further south in the Santa Cruz Mountains torrential rain likely played a role in the death of a construction worker today. Officials tell us the man was helping clear a mudslide when he and another worker were struck by a dump truck. The other worker survived. In orinda a home was red tagged after all the rain caused a massive mudslide into the back of the house. No one was hurt. Inspectors are now monitoring that hillside to see if other homes are in danger. We have Live Team Coverage tonight. Rob roth is at the scene of that mudslide in orinda. Our alyana gomez is in napa. Chief meteorologist bill martin. This latest round of rain really packed a punch. It did but not as powerful as the one that came in before it. We did have some flood advisories but half as much rain fell in this period. Here are some of the big numbers. Venado was the big winner up north, but Santa Cruz Mountains, two, three inches of rain, a little more than two inches of rain, or two and a half in san rafael, marin county. The heaviest rain fell out over the 10 00 to 2 00 time period. Now the front is basically moving out of the area. We are getting a bit of a break out there. Thats the key, is this break. If this thing had kept going in the north bay specifically, the russian and the napa and the petaluma rivers, we would be having more problems. But what has happened is were going start seeing those flood warnings drop because it has dried out up there for the most part. In this area san jose south of morgan hill it has been raining pretty hard and is kind of hanging on. The front has essential stalled over the last hour or two hours. In gilroy, watsonville, starting to see some problems with water rising and flood concerns in that area. So we will be tracking that four. Here are all the flood watches and warnings. Were checking in on the latest in that south bay when i come back next. We will talk about when that rain gets out of there and which rivers are most concerned with. Bill, thank you. Now to alyana gomez live in st. Helena where the heaviest rains have passed and the Flash Flood Warning is no longer in effect. Reporter julie we are just outside of the city of st. Helena in napa county here on lodi lane an area im told is prone to flooding. Usually when we get heavy rain like the past couple of days, that certainly was the case today. Right now im standing on the road here, lodi lane that does not have water but two hours ago it was completely flooded leading up to that small bridge right over the napa river. That river was very close to rising over that bridge which im told has happened in the past. That was a concern. Crews shut down this roadway and of course just like i said two hours ago the water started to recede but it is still a concern going into tonight. Napa county has been dealing with all sorts of weather related issues thursday. Landslides, power outages, flooding, and then this incredible spillover. I did go up to the lake hen see and see the spillway, and its still going pretty good. Its at about 50 feet. Reporter word travels fast. People who live nearby didnt want to miss the opportunity to capture it on video like this man. It has been a lot of years of dry weather so im pretty happy about it actually. Reporter he watched it all accumulate as the napa river rushed under the bridge. But it was different story a few miles north. The river surged flooding lodi lane at the base of the small bridge. The water was coming in so quickly napa county public works had to shut down the road. It is just dangerous. Its hazardous conditions. You just have to be careful through it. I have been doing this long enough that you just keep your eyes open and you know what to look out for. Reporter now as you saw in that video when the water surged here on lodi lane it was about shin deep walking through at the base of the bridge there. Of course public works crews are continuing to monitor the area. They are expecting another surge tonight. The napa river over here in st. Helena is expecting to crest around 7 00 tonight. We will keep an eye on that. I got word 30 minutes ago from police that a tree had come down there on Spring Mountain road at the 2500 block, so if anybody is going to be heading into that area they should avoid that road as much as they can. Julie, frank. Trees have been coming down all around the bay area. Thank you. In san rafael where a landslide destroyed a home this week people who live on the same hillside are understandably anxious about this storm. A few homes on Mountain View avenue has been red tagged near the home that was destroyed two days ago. Pretty incredible. I have never seen it this binge the past 10 years that i have lived here. So yeah, pretty crazy. Usually it is just a small stream. Also in marin highway 37 is completely shut down. Again due to flooding. The westbound lanes were already closed but the water started rising again today prompting caltrans to shut down the eastbound lanes as well this afternoon. There is no estimate on when the highway will reopen. The wet weather likely contributed to a tragedy in the Santa Cruz Mountains this afternoon. Authorities say a worker cleaning up debris from a mudslide along highway 17 was hit by a dump truck and killed. The driver apparently didnt see the two men behind the truck and started backing up. Both men were hit. One man who was 33 years old was rushed to the hospital. His co workary 53yearold man was killed. The rain in itself is obviously a hazard. We get a lot of crashes in the rain. Even within the closure, i dont know that it is weather related necessarily but any time that the elements are against us it is going to be dangerous out here on the road. Granite rock tells us the worker who was killed had been with the company more than 15 years. He was married with two children. All the wet weather means a lot of slick roads and a slow evening commute. This is our live drive time traffic map. You can see, well, its zoomed in but you can see there are a couple of problems. There are red squares pretty much all over the area because there are a lot of different problems, closures, accidents on the roads throughout the bay area. Here is a live look at the bay bridge toll plaza where you can see it is completely jammed up. Looks like a morning commute there on the bay bridge toll plaza. Now a look at interstate 80, the macarthur maze, the headlights heading up towards richmond. Absolutely packed with people right now. The other direction, the taillights heading into the macarthur maze, downtown oakland and San Francisco. Download our free ktvu weather app for the latest including live radar and an extended forecast. Reporter im rob roth in orinda where a wall of mud and debris came crashing down into a home. What was it like to be inside . Well tell you coming up. Up next the San Francisco 49ers introduce their new head coach. What Kyle Shanahan had to say about his vision for the team, plus his reaction to his crushing loss in the super bowl. I remember every single play, and i will go over those for the rest of my life. The price you see is the price you pay, unlike cable. When you find something worth waiting for, well help you invest to protect it for the future. Financial guidance while youre mastering life. From chase, so you can. [crying] ahhhhhhhhhh the price you see is the price you pay, unlike cable. The San Francisco 49ers have a new head coach. We heard from Kyle Shanahan for the First Time Since arrived in the bay area. The new general manager john lynch was there as was the sports director mark ibanez. You have covered so many of these. I know you said you had a really positive vibe. I thought it was a striking contrast, and just in recent history, the jim tomsula conference, and more rernl weve been doing these new coach things with the 49ers. But chip kelly, quite a difference. Im going to say right off the top they spoke to the media like they were real people. Now, that sounds like a simple thing to say but in the past, its a very guarded, almost defensive response you continually get from the 49ers and their brass. Even jed york seemed more relaxed, less tense. You can tell john lynch is a people guy. In the past Kyle Shanahan has been described as a guy who is very brash but even the sensitive topic, for instance, the super bowl loss, particularly in the second half, when his play calling as the offensive coordinator for the falcons was called into question, he didnt get defensive and he didnt get snippy about anything. He was rather straight on in addressing that when asked. Of course, you knew he would be. I dont know if i used those exact words but that sounds about how i talk. When youre the coordinator of an offense or the head coach of a team you are responsible for what happens out there in terms of when you use the words i blew it i dont look at it that way. I believe i missed an opportunity. We didnt get it done. I will go back to every play for the rest of my life. I can deal with it because i can look myself in the mirror and know i did what i thought was right at the time. We picked that out particularly because he was quoted in a National Newspaper article as saying about the super bowl, i blew it, and i thought that was exemplary of what this new regime brings to the. He faced it straight on. Now, can you imagine asking jim harbaugh, for instance, if he thought he blew it, you know . I mean, it was refreshing to me i guess is the best way to say it. He didnt blame it on somebody else. He took ownership and learned from it. And he didnt talk down to the media for having the audacity to ask that question. Did they talk at all about the 49ers quarterback situation . They addressed it a little bit. Obviously everybody wants to know if Colin Kaepernick is going to opt out of his contract or conversely are the 49ers going to opt out of having him back. He was pretty transparent about that. He said not going to make any rash statements with regard to Colin Kaepernick and his future in a 49ers uniform. What they are going to do is really evaluate the tape and see if he fits in with what they have in mind and doing, and take from the there. And the thing that i find interesting about Kyle Shanahan is he has been able to take a couple of quarterbacks, rgiii in washington and matt ryan in atlanta who are completely different in their style and the way they go about things and really get the best out of them. So i feel like hes a versatile coach, a guy who takes what he has and makes the best of it. But now he may have an opportunity to pick his own quarterback, which would be interesting in itself. Theyre about month behind so theyre going to hit the ground running. They already have. John lynch said he hasnt been getting much sleep since he took over this job. The raiders returned to las vegas today to meet with stadium Board Members for the First Time Since a key investor pulled out. Raiders president said the team is still committed to the move and he says they have the money to back it up. Sheldon adelson pulled his 650 million commitment two weeks ago but the raiders have spoken with other unnamed investors to take his place and help fund the stadium. Nfl owners must approve any vote and they are expected to take a vote in late march. Been tracking some of the rain totals out there. Its been raining. This is since january 1st. Santa rosa has 28 inches of rain since january 1. Not very long. They are at 205 of the rainfall average. This is another setup. January 1 rainfall, from then to now, concord coming in at almost a foot of rain. Almost a foot of rain in livermore. It has been without without a doubt. This is the system and it is heading into Southern California now. It is still hammering the Santa Cruz Mountains and it is still shammerring south of san jose. This is going off down here. You see this plug. Thats going to cause problems in the burn zone. So anticipate some problems in the Santa Cruz Mountains over the next hour or so as this thing lingers even in san jose and saratoga and los gatos. The rain is continuing to fall steadily. Outside now you can see its mostly cloudy but pretty dry for most of us. Tomorrow is going to be this kind of a day. You are going to see some sun, some clouds. Maybe a sprinkle. But boy, a big break compared to what we have seen. But we have had so much water. Weve had so much water rung on the hills. I showed you 205 of rainfall average in the santa rosa area so thats building up in the. So i so rob roth is up in orinda right now where we are seeing he is special in those east bay hills we are seeing a lot of slumping on those hillsides. Reporter well, thats right, bill. It has been raining all day and raining hard. Just about a minute ago it sort of calmed down but its been quite a washout here. Thats troubling news where i am on van tassel lane. Theres a hillside behind me, and its saturated. It led to a mudslide. It slammed into a home. That home has been red tagged. The family has been gathering belongings. They have moved on. But the county is inspecting that hillside, monitoring it to make sure that it doesnt threaten any other homes in the neighborhood. I could start packing up. Reporter inspectors told paul and his family today their house sun safe, they have to leave. On tuesday a large chunk of the hillside behind this house sent an avalanche of mud and debris through his back wall. I heard this loud noise that sounded like a very loud thunder. Reporter his partner and teenage son were not at home. He was alone. He knew he had to get out. I started to see the back wall coming in and snapping and breaking, and so i began to make my way across this dirt, then this whole piece of the floor gave way. But he made it out safely. Inspectors placed a red tag on the home today. From the back deck you can see the mud and debris that came roaring down and crashed through the back of his home. A county geologist estimated more than 66,000 cubic yards of mud spilled down. It is private property so how the hillside is fixed and who will pay for it is still unclear. He says he never expected anything like this to happen. Weve never had anything like this at all. Reporter a few miles away on park lane drive in orinda this hillside is starting to give way spilling out almost to the road. Neighbors in the path are keeping watch. I c