you. thank you to our international viewers for watching cnn "newsroom." that will begin for you in just a few seconds. we're "new day" and that continues right now. >> they should either get with the program or they can go. >> sally yates abrupt firing muddies the water between justice and politics. >> i actually had a very good day in terms of homeland security. >> it's not a muslim ban. this is about public safety. >> it will make us less safe. not more safe. >> why would you implement this travel ban without having your attorney general in place? >> democrats are acting deliberately slow. they are not behaving well at all. >> steve bannon is driving decision on trump's agenda. >> in those meetings, we were purely observers. steve bannon is going to be a principal at the table. >> this is "new day" with chris cuomo and alisny camerota.

>> there was drama and intrigue in the nation's capital. the president sending a hand delivered letter to the her for refusing to defend his travel ban, shortly after a new acting ag was sworn in promising to quote defend the lawful orders of our president. plus the trump administration naming a new acting i.c.e. director as confusion over the travel ban persists at u.s. airports. and today becomes the next big new and potential from the problems of the last big move. tonight's big prime time live announcement is going to reveal the president's pick for the supreme court. the media is going to eat it up but democrats may be waiting in the weeds to pounce. we're just in day 12 of the trump white house. we got every angle covered. let's start at the white house. >> reporter: it was an extraordinary series of events here at the white house just overnight as the trump

administration is shaken by that executive order he signed on friday. now, set the democratic criticism aside, this white house is clearing republican criticism from many of his own cabinet nominees who wonder why were not informed or help participate in implementing all of this. all of this is threatening to consume his young presidency. in an extraordinary move, president trump firing acting attorney general sally yates. her dismissal coming via hand-delivered letter, only hours after she stood in defiance of the president's travel ban. yates writing in a letter, she is not convinced the executive order is lawful, citing the solemn obligation of the department of justice to seek justice and stand for what is right. >> we had a monday night massacre. sally yates, a person of great integrity, who follows the law, was fired. >> the white house attacking the career prosecutor, claiming yates betrayed the department of justice and is weak on borders.

after she instructed the justice department not to defend the president's executive order on immigration and refugees. immediately following the swearing in of new acting attorney general dana boente. yates' replacement rescinding her guidance right away. directing the department of justice to defend the lawful orders of our president. >> i want to make sure i have the law and the facts. >> appointed by president obama in 2015, yates garnered major bipartisan support in 2015. senator jeff sessions who is currently awaiting confirming as attorney general seen here asking her if she would bend to political pressure to then president obama. >> the views the president wants to execute are unlawful, should the attorney general, or deputy attorney general say no? >> senator, i believe that the attorney general or deputy attorney general has an obligation to follow the law and the constitution and to give their independent legal advice to the president. >> in yet another swift move monday night, president trump

naming thomas homan as the new acting director of u.s. immigration and customs enforcement, demoting dan ragsdale to deputy director. that was his previous position. meanwhile, the president's travel ban met with growing outrage in washington. >> your scengtive order was too order and you didn't vet it. >> and across the country. only ten days after leaving office, former president obama weighing in. a spokesman saying the protests are exactly what we expect to see when american values are at stake. trump's white house slamming any opposition. telling dissenting state department officials to quit their posts if they disagree with the policy. >> i think they should either get with the program or they can go. >> all this as president trump moves up his supreme court nomination announcement by two days, scheduling a prime time address tonight. >> i think you will be very impressed with this person. >> now, the person has met personally with at least three

contenders for that supreme court nomination to replace the seat of the former justice antonin scalia. cnn has learned that the two leading candidates are neil gorsuch on the federal bench in colorado, 49 years old, and thomas hardiman, on the federal bench in pittsburgh. he is 51 years old. this is a lifetime appointment. whoever is announced tonight, the confirmation hearing is going to be embroiled in the legal fight over immigration. some democratic senators are asking for more time, more questions to ask jeff sessions about this immigration order. he is expected to be confirmed, but again not without a fight over this immigration executive order. it's going to be a very interesting day. sally yates abrupt firing and the naming of an immediate replacement for the acting attorney general is all playing out inside the justice department.

how? cnn's evan perez is live from washington with more. what have you learned? >> all weekend sally yates wrestled with what to do about an executive order that the trump white house simply did not consult her on. she was among several top lawyers in the department who didn't feel that they could defend the order which bans most travel from seven muslim majority countries. the chaotic weekend roll-out led to emergency court hearings that showed how ill-prepared government lawyers were to defend the executive order. white house officials were anticipating on monday that yates might resign but instead she wrote a memo ordering justice department lawyers not to defend the executive order and her memo invited the president to fire her. she said for as long as i'm the acting attorney general the department of justice will not present arguments in defense of the executive order. she was fired about four hours later. dana boente, the new acting attorney general like yates is also an obama appointee, and he has now rescinded her memo, but

by defying president trump and getting fired, yates became a big hero to many inside the department. meanwhile, other justice department lawyers are uncomfortable about the showdown. they think yates should have just resigned without instructing subordinates not to defend the executive order. >> except that's exactly what they took an oath to do, which was to give her own independent counsel to the president on the law. >> let's bring in chris collins, co-chair of the house leadership committee. good to have you on the show. you feel good about what you sign up so far in terms of this ban. do you like this ban? >> i do. donald trump, president trump is doing exactly what he promised he would do, keeping america safe, putting america first, and the liberal media is trying to make something out of this as well as certainly senator schumer and nancy pelosi, trying to call it a ban on muslims, which it's not. it's just putting america first as we get the department of homeland security and the others

involved with making sure that we're vetting those coming into our country. we know who they are, so it is putting america first and making america safe. it's not this ban on muslims that they are trying to make it into. >> i hear you, but you are basically defending it with a slogan, saying it's america first. it's not about changing the procedures because you've changed nothing. you did the ban first. you guys tell us not to call it a ban. the president called it a ban. >> oh, it's a ban. >> well, in fact, yesterday, you had surrogates on here saying don't call it that. it's just like a moratorium. it's like president obama's 2011 order. which is poppycock. he called it a muslim ban during the campaign. how are we wrong to describe it that way? >> well, it's a 120-day pause on refugees coming in from any

country and certainly those seven countries that for the next 90 days we're not going to let foreign nationals in from are the same seven countries that last year with obama as president were identified as those countries that had terrorism -- >> except obama identified them as places where you need to watch who traveled in and out of those places and make select judgments on those people. not just someone's nationality, which what you are doing now. so again what are we getting wrong? >> it's a temporary moratorium. >> it's a ban. [ simultaneously speaking ] >> it's still a ban. the president calls it a ban. what are we saying it's wrong? >> we want to know who is coming in the country. he's going to err on the side of safety for americans. he's going to get his arms around with his team the issues of vetting these individuals, and i've heard a lot of folks, democrats included, that say a

90-day, 120-day pause, there's nothing wrong as he's putting his administration together. if the democrats would approve his cabinet appointees a little quicker. >> i get that criticism. one thing at a time. one, the constitution doesn't distinguish in duration. so a ban of one day is the same as of a thousand days. putting a stoppage on refugees, they are the most vetted individuals that come into our country. so if you want to stop liabilities in our immigration system, theoretically you will stop everything else first other than the refugees because nobody is as vetted as well as they are. but you are not doing that. and you are only picking these seven countries and not the ones where the 9/11 attackers came from which doesn't make any sense to people if what your concern is protecting us from the threat, because there are no statistics you can point to that show refugees as a threat in this country. >> well, no, the temporary ban

is on all countries. not just these seven. it's 120-day ban on refugees from any country. not just those seven. >> right. but what i'm saying is you can't show me a threat assessment or a metric that proves that refugees are a threat to you and me, where we live in this country. >> president trump and his cabinet, his security advisers, are going to get their arms around what's going to be best for america as he's just taking office. 120-day pause is not that outrageous as the democrats are saying. he is getting his arms around it, and he is saying he's going to make sure they know what's going on, and i think america supports the 120-day pause. >> i don't know that they support it. certainly i see protests all over the country. you see federal courts acting outlet against it. you had an acting attorney general saying she couldn't defend it. i think the larger question is the way they did it. okay, whether or not it was

legal will be decided by the courts, not by us here today, but why wouldn't you, common sense dictates, go to the agencies who are involved, figure out what they do now, figure out how to do it better, and then go do that? why would you just stop everything as it is, put lives in peril, send an ugly message to the rest of the world, when you are not even ready to do anything differently yet? >> well, primarily because president trump is going to make sure if he's going to err, it's on the side of keeping america safe and so this temporary pause for 120 days allowing the president and his team to understand what these other agencies are doing, understand in the past we had catch-and-release, a porous border. we had refugees coming in that we don't believe were properly vetted. obama folks can say otherwise, but we're going from the mind set of porous borders to truly

clamping down on who is coming in this country. >> the numbers suggest that you are in pretty good shape when it comes to attacks on american soil and where they come from. refugees are not the greater risk right now. you have a better chance of getting hit in the head by a dresser. let's talk about steve bannon. are you comfortable with him having a seat on the nic? >> yes, i am. i'm comfortable with the president of the united states putting anyone in an agency in a position with a counter. you don't need yes, men. you need people who still stand up to disagree. that is someone like steve bannon will say to them, i don't agree with that, talk him into changing his mind as there's 6, is it, 10 people debating an

issue. i support him surrounding himself with people whose advice he trusts. >> there's no question that bannon has influence with the president. when you say his opinion should be valued? on what basis? what is his pedigree to put him in the room with our intelligence and military leaders as a self-described leninist who wants to destroy the state? >> i think it comes down to the fundamental strengths of someone like a steve bannon who can listen to differing opinions, can sometimes very succinctly bring those back into the proper points and not go off on tangents. i just think he's a brilliant strategist who, you know, it going to be one more voice in the president's ear. he's not going to be calling the shots. that's the job of the president of the united states. the president wants someone that is by his side. he knows he can trust, and that is steve bannon. i have absolutely no problems with it. >> chris collins, appreciate you

making the case for the administration as always. you are always welcome on "new day." blowback from the trump travel ban, will it affect the confirmation of any cabinet nominees? senator angus king joins us next with his take. i talked to my doctor and found a missing piece in my asthma treatment with breo. once-daily breo prevents asthma symptoms. breo is for adults with asthma not well controlled on a long-term asthma control medicine, like an inhaled corticosteroid. breo won't replace a rescue inhaler for sudden breathing problems. breo is specifically designed to open up airways to improve breathing for a full 24 hours. breo contains a type of medicine that increases the risk of death from asthma problems and may increase the risk of hospitalization in children and adolescents. breo is not for people whose asthma is well controlled on a long-term asthma control medicine, like an inhaled corticosteroid. once your asthma is well controlled, your doctor will decide if you can stop breo and prescribe a different asthma control medicine, like an inhaled corticosteroid.

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president trump firing acting attorney general sally yates who defied him by refusing to enforce his travel ban. our next guest believes the travel ban is dangerous. independent senator angus king joins us. good morning, senator. president trump says the travel ban will make america safer. why do you disagree? >> it will make america much more dangerous. i think this is probably the worst foreign policy decision since the invasion of iraq. what it's done is played right into isis' hands. i've spent probably 50, 60% of my time around here on foreign policy and on terrorism, both on intelligence and armed services.

they want us to turn this into a war of the west against islam. they have explicitly said they want to drive a wedge between peaceful, nonviolent muslims and the west, particularly america. we just played right into their hands. over the weekend there were all kind of excited communications from isis about what a great thing donald trump had done for them, and we've got troops in iraq fighting alongside muslim troops and what does it do to that situation? what kind of dangerous does it raise? there are 1.6 billion muslims in the world and we don't want a war with all of them, we don't need a war to all of them. we're not opposed to all of them. this billionerous roach is a -- this blunderous approach that's

a ban, the intelligence we get from abroad comes from muslims, that's where the tips come from and something like this makes it harder for those people to have confidence in our government. it's a disaster from the point of view of national security. they didn't consult with homeland security, they didn't consult with their new secretary of defense, their new secretary of homeland security. didn't consult with the justice department. this was done in the dark of night at the white house. no consultation with anybody, and terrible process, treshl results. >> so senator you feel very strongly about this. what can you do about it? >> well, i think, you know, we can talk about it. we can look at it. we can look. we can hold hearings. we can call people to account. for me, it sort of settled my mind over the week on two appointments. one, i'm going to vote for rex tillerson in spite of some significant reservations about exxonmobil and about his ties to

russia because i think he will give the president the kind of independent advice that he needs and he's a guy that doesn't need the job. i suspect right now he probably wonders if he wants the job, but i think he will be an independent voice. i've decided on the other hand not to vote for jeff sessions as attorney general for sort of the opposite reasons and i like jeff. he's a friend. i've worked with him here. we really have gotten along very well, but i'm not voting to confirm a friend. i'm voting to confirm somebody who i think has to stand up to the president and say this is wrong, just like that clip you played earlier today, the question is how will jeff answer that question, and i'm just in my gut, because of his relationship with mr. trump and his history, i'm just not sure he would give the kind of independent advice that this president desperately needs. >> do you think that jeff sessions' nomination is in danger? >> i don't because i don't think any of his republican colleagues

are going to vote against him and they have the votes. they have 52 votes. there are some privately thinking about this and uncomfortable about it, but i would be very surprised. i'm giving you a prediction here. i would be very surprised if any of those votes changed. this is one of most difficult ones that i've had to deal with on this series of nominations, but in the end, as i say, i think the crucial -- in this particular case, where this president, he listens to a very narrow group of people and as we've learned this weekend can make some very bad decisions, i think he really needs -- we need to get some people around him as quickly as possible who can rein in those impulses like what we saw this weekend. >> well, look, the white house says that sally yates was weak on border security and she was weak on immigration, and if she's not going to carry out the president's executive orders then she has no business being in the justice department under

president trump. that's what senator sessions will say as well. if you don't share the president's world view, you start to hear the white house saying this, maybe you shouldn't be there. >> well, sally yates, she did what she thought was right. the president has a right to do what he did. i don't question that. but i question -- at some point as a leader, you have to learn to listen to people who may not agree with you, who may not affirm what you want to do and if gorgeous do that -- if you don't have do that, you are going to make some big mistakes which i think was made on friday. i want to pick my cabinet and people i want to work with, but i think there are some outside limits and in this case, you know, we've never -- as everybody keeps saying, we've never experienced anything like this and the fact that they did this order without consultation -- as near as i can tell -- there may have been some behind the scenes, but as near as i can tell, nobody in congress, republicans or democrats, nobody at the justice department, homeland secu

secure -- -- homeland security, state department, had input on this. >> i want to get your input on the supreme court nominees that mr. trump will be announcing tonight at 8:00 p.m. here are the top two contenders. we have judge gorsuch and judge hardiman. interestingly, president trump's sister sits on the court with judge hardiman. she knows him and likes him. who do you think mr. trump will be naming tonight? >> i have no idea. i'm going to do what i've done throughout this process. i'm going to listen to the hearings. i will probably go to the judiciary committee hearings, even though i'm not a member. i did that with rex tillerson and jeff sessions, for example. i'm going to listen. i don't know these two

gentlemen. i don't know their judicial temperament and record, i'm going to make an independent judgment whether i believe they will interpret the law and constitution rather than trying to make law. that's my criteria. >> thank you very much for being on "new day." president trump's travel ban has sparked a global uproar. what do his supporters think? are they standing by their man? next. are you ready?? you gotta be ready. ♪ oh, i'm ready i mean, really ready.

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all right. there's lots of criticism over president trump's immigrant travel ban tarring -- targeting seven muslim countries. sean spicer says there's also plenty of support. >> this is about the safety of america. there's a reason that the major of americans agree with the president. they understand that's advertise number one pirate and number one duty of anyone to keep our nation safe from abeing at that. these are common sense steps that the president is taking. >> majority of support for the band. where do they get that?

let's discuss with selena dito and reporter and columnist for the new york post and national political reporter for "the new york times," mr. alex burns. selena, you are the cell appointed -- self-appointed trump people whisperer. do you believe that sean spicer says a majority of the country agrees with the president about the immigrant ban? >> i will agree that the majority of his supporters agree with the ban, and i did go out and drove around pennsylvania and ohio over the weekend, talked to a lot of people on the amtrak train yesterday from pittsburgh to washington, and there were a lot of people that did not vote for him who like the idea of the sort of stoppage, the pause. they like the idea of a more

rigorous vetting. they are not particularly thrilled with the way that he did it, nonetheless they -- you know, they like the idea -- they believe that we need to do a better job of vetting, and they didn't see it as a religious ban. i think the problem trump got into with people calling it that and feeling it is that way is because of the rhetoric that he used during the campaign. >> one more question for you before we get to alex. when you point out to those people there's never been a refugee who has been involved in a terror attack here, what do they say to the facts? >> good question. they don't look at it as it's targeting any one person. they look -- you know, they understand that a refugee has never done that or, you know, a currently refugee. i think the guy from ohio state was actually a refugee from

somalia. i'm not positive, but i think that he was. they don't look at it that way. they look at it as a stop-gap way to check everyone, whether they are refugee or christian or muslim, whatever their motivation is. >> jeffrey lord joins us now. is he in there? tried to duck us, jeffrey lord, not today. jeffrey, it is impossible to say through any series of interviews that you know where all the trump supporters are on anything. we take that and we stipulate that as a notion. there was always a disconnect with people who are voting for trump. people who are sick of the system, sick of the status quo and wand somebody to go in there and try and change things and agreement about how he spoke and how he felt about people, especially when it came to muslims. how do you think that's going to play out with this ban which by the president's own words was a muslim ban in its inception? >> well, it's not a muslim ban.

i mean, he's going after terrorists is basically what he's doing, and i have to tell you, chris, i mean people here in this part of pennsylvania at least and pennsylvania voted for him, get it. they understand it. they are concerned. they are concerned for safety, and it's as basic as that. there was a great piece on cnn last night where randy kay went into a pennsylvania diner and talked to folks. these are the kind of folks that i talk to all the time, and it's a pretty basic thing with them. they are not anti immigrant. i mean the whole country is filled with 100% deextended from immigrants. they want something done. they understand at a basic level, he's trying to protect them. >> alex, what are you hearing? >> when you talk to washington on both sides of the aisle, folks in the state who are not

representing the core trump constituencies in the rust belt that they are talking about, there's an enormous degree of uncertainty how the public is going to react, not only to the substance of the order but the spectacle that's unfolded over the last few days. there's a significant share of the electorate who support restrictions on immigration. taking those views on an abstract level is very, very different from seeing things implemented exactly the way they have been implemented, and in a lot of way the focus on trump's base misses the larger point that he cannot govern the country with just his base's support. >> they get what the reality is, but they like that he's protecting them. i don't know how those two go together because we just had

congressman chris collins on. you can't defend the ban on the basis of fact, jeffrey. you can't do it because the threat doesn't exist from the groups that are being band right now. you know this. you heard the stats. i get that people are afraid because you are making them afraid, but i don't get where the threat is articulated in fact to encourage this ban. >> chris, wow. my friend. these are people living their everyday lives and they look at the collective here. they look at 9/11. they look at what happened in san bernardino. >> this would not have stopped 9/11 on san bernardino. >> chris, chris, they are looking at threats. they are looking at threat. this is what they see as reality. >> but you are selling them a solution that wouldn't have saved them from those threats. >> chris, chris, chris, they are looking at the fact that -- and it is a fact, that he wants to protect them. that's what they are looking at. they are looking at this and

they are seeing that it could be them, it could be anybody any day. >> i know -- >> the fact -- the chris, you are dancing around this. >> no. i think -- honestly, i think i'm stopping the music to be honest with you. because i'm saying -- >> chris, that's what they think. [ simultaneously speak being ] >> from any of the people in those countries that you are stopping right now? >> chris, chris, chris, chris. my friend, i'm not sure you hear how you sound. the way -- the way what you just said sounds, it's like people are hearing, okay, let's wait until we get a whole bunch of dead people and then we'll do it. they are not going to go down that road. >> i get that that works for you. i get it and i applaud your efforts. do that. that's what politics is about. >> chris. >> here's what i'm saying, if you are going to ban people, if you are going to keep me safe, keep me safe from the people who want to hawrt me -- hurt me.

put saudi arabia on the list that's where all the 9/11 people came from. you didn't do that? why? make me safe from the real threat, jeffrey. if someone is trying to break into the house, don't take my house cat and throw it out the window. stop the guy at the window. >> how many times has he said that the real threat is radical islam? radical islam. so it -- >> fine, use the language that you like. >> you want to divide people geographically, i'm saying what he's targeting is radical islam, something he has talked about endlessly. >> and how do refugees fit into that argument, jeffrey? >> because we're not being attacked by a bunch of emissco palians. >> you just said it. there is a difference. >> selena, give us the last word. >> i interviewed several people that are current, you know, people that have i am grated

from the past 20 years from the middle east and they also -- they were all of muslim faith, and they also are very concerned about isis and about the impact that -- the bad guys have on them. they don't mind the ban. they really don't. but they don't like the way he did it. they would have rather have seen a muslim cleric standing there with him and talking about it, you know. optic are everything, and that -- >> optics should not be everything. alex, last point. >> this notion that there's a huge community of muslim immigrants out there who would be totally fine with this policy if there was a cleric standing next to donald trump. my experience in dealing with people in those communities, that's nowhere near a representative view. >> i didn't say huge. i said i talk to a handful of people. >> that's a handful of people. >> we will continue this

conversation and debate. thank you very much to all of our panelists. >> we do it for you. what do you think? tweet us at "new day," post your comments on facebook.com/"new day." she refused to defend president trump's travel ban and was shown the door. what is next for the acting attorney general, sally yates? a friend of hers joins us with what she's thinking today. america's favorite potatoes, and donating to local charities along the way. but now it's finally back home where it belongs. aw man. hey, wait up. where you goin'? here we go again. uhh, this is never easy, sugar, but your position here has been made redundant. what? who's replacing me? splenda naturals? well...

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dana boente, the newly installed acting attorney general vows to defend the president's immigration executive order. he was sworn in last night just hours after the president fired

acting attorney general sally yates who defiantly refused to enforce mr. trump's travel ban. paige pate is a friend of sally yat. he joins us now. tell us about sally yates who is this symbol of sort of standing on her convictions and who lost her job as a result of that. what do you know about her? >> well, i think what sally yates did yesterday is entirely consistent with the type of lawyer and the type of person she's been for many years. my relationship with her was primarily a working relationship. she was an assistant united states attorney here in atlanta for many years. she became the number two in that office. was first united states attorney and became our united states attorney when she was confirm by the senate after president obama was elected. so we're all very proud of her in atlanta. she's always been a person of principle, a very strong moral

compass and it doesn't surprise me at all that she refused to follow through and defend an executive order that she personally believed was unconstitutional. that is the commitment she made to the senate when she was first confirmed for deputy attorney general. >> well, she's being painted by the white house as something of a renegade now, as well as a political appointment. here's what they say about her. the acting attorney general sally yates has betrayed the department of justice by refusing to enforce a legal order design to protect the people of the united states. ms. yates is an obama administration appointee who is weak on borders and very weak on illegal immigration. what's your response? >> i don't know what that means. when she was a prosecutor here in atlanta, she certainly prosecuted immigration cases, unlawful entry cases, illegal harboring cases. she's not a politician. i think a lot of people certainly here in georgia wish

that she would become a politician and perhaps run for office after this, but that's not who she is. she's been a career prosecutor. she served both republicans and democrats and done so faithfully and more importantly she served the american people. >> have you talk to her in the past 12 hours? >> i have not, no. >> so you don't know what's next for her and if she's reeling from this crucible that just happened? >> i don't. but she certainly anticipated that she's not going to be serving president trump once senator sessions is confirmed, if he is confirmed. she's a native atlantan. she went to the university of georgia law school. the same law school i went to. she has very strong family ties in this community here. she used to work for one of our large he have law firms. she will have many opportunities and she will have her future open to her whatever she decides to do. >> you brought up senator jeff sessions and there's a very interesting exchange between sally yates and senator sessions. this is from 2015 where he asks

her what she would do if she ever found herself in a situation like this under president obama. listen to this. >> if the views the president wants to execute are unlawful, should the attorney general or the deputy attorney general say no? >> senator, i believe that the attorney general or the deputy attorney general has an obligation to follow the law and the constitution and to give their independent legal advice to the president. >> how do you see that exchange now? >> well, that's exactly what she did. i think she gave her honest commitment to senator sessions and the senate when she went for confirmation and she decided that was the principle she was going to stand on. so no one who knows sally yates or anything about her professional working history should be surprised by the decision that she made. she looked at this executive order after the fact unfortunately. i think someone in the white house should have vetted this thing with her and the other senior folks at the justice department before the president decided to sign it. once she saw it, realized the

way it was rolled out, not well thought through, legal problems, constitutional problems, she did what she promised she would do and she decided she could not defend it. >> mr. page pate, thank you very much for joining us with your particular perspective on her. >> thank you. >> president trump says the point of the travel ban is to keep americans safe. but that assumes that this ban directly addresses the real threat in our own backyard. that threat is called home grown terror. we give you the facts ahead. y a. for a non-stop, sweet treat goodness, hold on to your tiara kind of day. get 24/7 digestive support, with align. the #1 doctor recommended probiotic brand. now in kids chewables. bp engineers use robotic ultrasound technology, so they can detect and repair corrosion before it ever becomes a problem. because safety is never being satisfied.

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travel ban barring immigrants from come into the country will keep you safe and put america first. others believe the real threat to our lives here at home is from homegrown terror, not from that which is imported from abroad. let's talk about the facts with cnn terrorism analyst, phil m mudd, and aaron dillon. what do you see in the order that you do and do not like, mr. mudd? >> this is a disney world order, this is goofy. let me give you a couple angles. if you want to stop people from coming in, this order has two problems with it. we talked about seven countries, and what about saudi arabia and turkey, and what about the foreign fighters go into syria, and what about the european countries that have been the --

>> let's put some meat on the bones of what you are saying. put up the list of countries and the number of fatalities. those are the seven. now put up the fatal attacks on americans in the u.s., zero. and let's put up other countries and who have been the nation of origin and have been killed here. none are on the list, and why? >> because i think one of the reasons, obviously, some of these are close u.s. allies. the other problem we have, chris s. a problem of numbers. i question what is going to happen on the back end of the review of this process. if you put 20 or 30 or 40 countries on the list do you expect for their to be full vetting of the individuals coming in. the president used a broad phrase about vetting. some say are you a member of isis? you have talked to somebody from

isis? no. the question is about what somebody thinks, whether there is a radical islamist. >> and aaron david miller, and that's where the president says the answer is a van because you can't vet them and you can't know and we want to keep people safe here and the way to do that is to keep people out? >> bucking up security procedures and vet something warranted. the problem is, i think phil laid it out well. none of the elements of this executive order do that. look at the three categories. no syrian refugees committed terror attacks here. since 1980, i think you may have had one refugee, an iranian involved in a terror attack, i think, in north carolina, and the seven countries, again, a handful of people involved on that list, and afghanistan and pakistan is not on the list, and

the trump administration wanted to use the same list that the obama administration identified in 2011, and phil is right, the reality is on the back end of the review, i am not persuaded these restrictions will not be lifted because these seven countries may not be able or willing to provide the degree of vetting the administration has, and deal with it functional, and one more point, homegrown jihad, peter laid it out, hundreds of attempted attacks -- not attacks but involvement in these activities that the fbi has identified. 4 out of every 5 were implicated american citizens or permanent legal residents, and this executive order doesn't deal with that. in fact, it risks, chris, alienating the first and second line of defense against these attacks, which is the prospects of alienating america's 3

million muslims, and you don't want to do that. >> an important point that does not get enough attention so thank you for that. >> there's been a lot of pushback from those that work within muslim communities and are lawmakers here that deal with terror policies saying this ban is going to hurt our efforts at home. is that true? >> i think that's correct. think about book ending this with the kind of situation we had after 9/11, and versus the situation we had today. we were looking at a core al qaeda problem with i was at the cia out of afghanistan and pakistan that was pushing people into the country to conduct attacks. flip that on its head in 2017, and isis is telling people, hey, we will be recruiting you via twitter, and stay home and you never have to touch an isis person or visit syria. how do you find those people? you have to have somebody not in

the federal government but somebody saying, hey, my kid is going south. we need to recruit those to pick up the phone and call. >> a great piece you can read on line at cnn.com that the greatest risk to the security operations is stopping homegrown terror trying to hurt us here. i want your take on something else not getting attention. steve bannon, a self described lennonist. >> the reality is i work for half a dozen secretaries of state and a few presidents. knowing what you don't know and being in a hurry to find out is clearly important for a president and the people around him. so what you want at the table, it seems to me, are not ideal

kwraugz or politicians, you want people that know what they are talking about. and the joint chiefs of staff have to be there and not on an episodic business, and it undermines and not enhances american foreign policy and security interests. >> is it a red herring, and that's what he puts up, do you think he's just throwing it out there to bait us or is that a real detail about this man that deserves review? >> no, i think he's out there to divert the conversation. let's understand, the american people don't know how profound this decision is. let me explain in a moment why. the president asked the pentagon for options on iraq, and in a typical system, if you are sitting in a leadership position, you want those oppositions vetted by experts, and then you want people from

the political side to say which of those options do we think is palatable and pursue, and in this case before it gets to the president it will be filtered through political eyes and i think that's profoundly dangerous for the president to consider, and you want the political guys like mr. bannon can determine how to proceed but you don't want to cut off ideas before they get to the president. >> i can't think of two gentlemen that do better on this issue than you two. thank you for helping us this morning. >> thank you. there's a lot of news. let's get to it. >> the american dream is back. >> he fired acting attorney general because she disagreed with his executive order? >> this would give the democrat -- >> we're not going to wait and react. >> it's an executive order masked as a ban on muslims. >> you don't know when the next threat is coming.

>> encouraging people to go into the streets because trump has obstructed american principles. >> mr. president, i am trying to end the war we're in. >> announcer: this is "new day" with chris cuomo and alisyn camero camerota. donald trump has created tension with his party and democrats and several key departments all in just 12 hours. the acting attorney general was just fired for not defending mr. trump's travel and refugee ban, and the trump administration demoting and replacing the acting directing of immigration and customs enforcement, and we call it i.c.e., and there's

confusion on how to implement the lingering ban at u.s. airports. >> democrats say as a result of all of this they are ready to challenge the president's nominee. this is day 12 of the trump administration. we have every angle covered for you with jeff and he's live at the white house. >> reporter: i just talked to somebody from the administration, and they said they are trying to keep the nomination secret until then, and no question this white house is consumed by the extraordinary series of events that happened over the last 12 hours or so and it's not just criticism coming from democrats. this white house is also listening to republican criticism that is threatening to consume this young presidency. in an extraordinary move, president trump firing acting attorney general, sally yates, her dismissal coming