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 via a

letter hours after she said not to defend the travel ban. she cited the department of justice is to always seek justice and stand what is right. >> we had a monday night massacre, and 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 boarders after she instructed the justice department to not defend the president's order on the refuge refugees. yates's replacement directing the department of justice to, quote, defend the lawful orders of our president. appointed by president obama, yates had support in 2015.

and she was asked if she would bend to political pressure from then president obama? >> if the laws he wants to execute are unlawful, should the deputy attorney general say no? >> i believe the deputy attorney general has an obligation to give their independent legal advice to the president. >> in another swift move on monday night, president trump naming a new director of i.c.e. >> only ten days after leaving office, former president obama weighing in, and saying the protest are exactly what we

expect to see when american values are at stake, and trump's white house slamming any opposition, and telling white house officials to quit their post if they disagree with the policy. >> they can get with the program or go. >> all of this as president trump moves up his supreme court nomination announcement by two days and scheduling a primetime address tonight. >> there's no more important position that the president can appoint somebody to the supreme court, and this is to replace the vacancy. neil gorsuch, he's on the federal appeals court in colorado, and thomas hardiman. alis

alisyn, those issues will be front and center, and the democrats say they will fight whoever this president nominates. donald trump abruptly firing yates and naming a new acting attorney general. how is this playing inside the justice department? let's bring in evan perez live from washington. >> all weekend long sally yates wrestled what to do about an executive order that the white house did not consult her on, and she was among other attorneys that didn't feel she could defend the ban. the rollout led to emergency court hearings. the white house officials anticipated monday that yates might resign, and instead she wrote a memo ordering justice

department attorneys not to defend the ban. she was fired about four hours later. and dana boente, like yates, was also an obama appointee and desceissented her memo. on the other hand you have justice department lawyers that are uncomfortable about this situation. >> president trump's top pick for attorney general, senator sessions, is about to be under the spotlight as his final hearing gets under way in a few hours. many are wondering if sessions is becoming a referendum on the president's travel ban.

i have no crystal ball, but i know jeff sessions is going to be asked to answer the question that he asked sally yates, will he tell the president truth when it comes to what is lawful and unl unlawful. >> reporter: that moment was notable given all the questions of senator sessions. the president's immigration executive action certainly is handing democrats up here on capitol hill more fuel to their fire to push back on him, and you have top democrats like senator schumer who is saying senator sessions should go on the record one way or the other what he thinks about trump's travel ban. we know sessions, according to a written answer that he submitted overnight, he said he had no direct role in president trump's recent executive order, but that

answer likely doing a little to quell the democrats' concern here, who are frankly feeling emboldened by the public backlash over the immigration order and will be certainly asking the public questions today. now the senate judiciary hearing gets under way at 9:30 today and sessions will not be there and we will hear from many democrats airing their grievances and asking the public questions of sessions today and then it will go on to a committee vote. >> thank you for that. let's bring in a man that understands this situation better than most anybody, former attorney general, alberto gonzalez, a conservative and compassionate approach to immigration reform, and the dean of belmont university college of law. enthuse f thank you for being here. what do you think about what happened in the last 24 hours? do you think yates should have been filed? >> it's been extraordinary, and

let me for a second, i don't know sally yates but by accounts she has done a tremendous service to the department of justice and the american people, and having said that i think i tend to agree with those concerned about the fact that she should have resigned. this whole episode has some very bizarre facts. as a typical matter, of course, the department of justice signs off on any executive order because they will be the ones to defend it, and the fact that the attorney general and the deputy attorney general is not aware of what advise the olc was given. >> let's talk about that, because if she was not consulted -- i mean, if the reporting stands that she was not consulted, this blind-sided her and she was not part of these discussions, then what does that tell you about how things are operating in the trump white house? >> well, of course, it may be

more of an indictment of what is going on in the department of justice. when i was in the white house we dealt with a lot of sensitive terrorism issues, and asking olc to provide advice on classified information, but we always made it a point to allow olc to consult with the attorney general or the deputy attorney general. i think that's vitally important. and the fact that that might not have occurred here to me is very troubling indeed. also interesting, of course, is the notion that the white house is dealing with congressional staffers and not dealing with the principles themselves on the capitol, and that is very puzzling to me. >> should the white house have reached out -- >> i know you said that might be a problem with the justice department, but should the white house have reached out to her? >> i think there may have been expectation that olc would have a discussion with the head of the department. that's what normally happens. once the attorney general has an

issue with an order from the white house, there should have been discussions between the attorney general and the white house council and the chief of staff, and then ultimately the president of the united states to advice the white house that she had serious concerns, and at that point if the white house said we still want to move forward i think it would have been appropriate for sally yates to resign as opposed to sending out a blanket order to department of justice orders that they are not going to defend the executive order. >> you, obviously, are well-equipped to talk about all of this, and you resigned and you are no stranger to controversy. help us understand this, if you ever had a difference of opinion with president bush, then what? are you not supposed to be attorney general? >> no, at that point you have a conversation with the white house, and ultimately hopefully with the president of the united states, and there was one

instance where i had a very serious conversation with the president and i was prepared to resign my position as attorney general because the president is entitled to have his lawful orders carried out, and the fact you have a disagreement, and there are many lawyers have a different view, and obviously boente has a different view of the order, and others are in disagreement because this is a complicated area, and as we all know, the president of the united states uses a great deal of discretion with the protection of our country, so this is not a black and white analysis from my perspective. >> but mr. gonzalez do you have any concern mr. trump may not be seeking out or tolerating dissent? >> absolutely. i think it's very important for the president to have a diverse view from members throughout his

administration, and i think people within the administration should be confident, should be able to express freely their opinion as to whether or not something is lawful and as a matter of law and also if something represents good policy, as the attorney general, for example, i might say to the president, i believe this is lawful but mr. president as a matter of policy i am not sure this is a good idea and these are the reasons why. >> does this move of firing sally yates that he is not engaging in those kinds of dialogues? >> i don't know president trump and i don't know his views about lawyers and i don't know how he takes bad news, but i do believe it's very important for the department of justice and lawyers at the department of justice to be able to express their views freely, and i'm hoping in this particular case, acting attorney general, sally

yates, has a chance to discuss her views. and the president of the united states is entitled to have his lawful orders carried out, and i am concerned about the blanket order for attorneys not to enforce this order. >> do you think -- >> what is america? we live in a post 9/11 world, and it's a very dangerous time right now and if we don't have the capability to fully vet individuals come into this country and that -- >> but do you think we don't have the capability to fully vet? as we have heard, refugees go through a vetting process that takes 18 months. do you think they are not being fully vetted? >> what i worry about is often times the vetting is based upon a database that may not exist.

it's fine to have somebody come in and say this is who i am, but the question is what kind of records exist back in the home countries, and often times those records can be unreliable, and that's the concern that i have. clearly we are much better today at vetting individuals. i don't have a problem with trying to do more to make sure the vetting process is more accurate and complete. no question about that. >> but until then people should be banned in your mind? >> listen, i think until then what we need to do is do everything we can to make sure people are not coming into this country with evil intent. i am talking about a very small percentage. but we all know that it's a very dangerous world and there are people out there that want to do harm to the united states, and i listen to the earlier statement about homegrown terrorism, and no question about it, we have our own challenges within our borders, but that doesn't mean we ignore totally what is going on outside our borders. >> thank you very much for being on "new day." it's great to get your perspective. >> thank you for having me. >> chris? >> again, bears repeating.

refugees are hardly ignored. they are the most vetted individuals that gain access into the united states, and that's one reason the travel ban is being felt not just in the seven muslim-majority countries that are identified, but all around the world. former secretary of state madeline albright joins us with her take next. ready, go! hi, juice universe? one large rutabaga, with eggplant... done! that's not fair. glad i had a v8. the original way to fuel your day. why pause a spontaneous moment? cialis for daily use treats ed and the urinary symptoms of bph. tell your doctor about your medicines, and ask if your heart is healthy enough for sex. do not take cialis if you take nitrates for chest pain, or adempas® for pulmonary hypertension, as this may cause an unsafe drop in blood pressure. do not drink alcohol in excess. to avoid long-term injury, get medical help right away for an erection lasting more than four hours. if you have a sudden decrease or loss of hearing or vision,

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the latest drama inside the

trump white house. acting attorney general, sally yates, fired for refusing to defend the travel ban in court. replaced hours later by a new acting ag that did vow to defend trump's orders. joining us to discuss, former secretary of state, madeline albright. madam secretary, you have the statue of liberty on your lapel. what is your concerns about the ban? >> every part of it, chris. in many ways, it's anti-american and what this country stands for. we are a country that has been created and populated by people from other countries. the statue of liberty's message is, in fact, one of open arms and welcoming people, and i do think that there are tears in the eyes of the statue at the

moment. i do think the whole aspect of this in terms of deciding that are safety and security depends on keeping people out rather than welcoming people and understanding what this country is about, so i think it's just flat anti-american. >> so speak to the americans who are afraid. isis wants to kill us. they are all muslims and we need to be more careful about muslims, and these are bad countries that sponsor terror, refugees, and isis said they will infiltrate there into those programs, and then-candidate trump promised to keep us safe from the threat and now he is making good on it, i am satisfied. speak to that person. >> i think that part of it here is that it has not made america safer. let me say, i think this was the most unprepared plan that i have ever seen in terms of the lack of coordination with other parts of the government. we're seeing that every hour

where various departments were not, in fact, notified. so unprepared. also not clear about the unintended consequences of this decision. it has actually created more danger because there are countries that are now, in fact, not able to cooperate with us in terms of intelligence sharing or generally mistrust, and there's going to be tit for tat, where we have troops in iraq and we have to worry how they are going to be treated. i think it has created chaos internationally. and then i think it's all not based on facts, undocumented, and it's made up of various statements that don't make any sense. i think it's one of the worst decisions. and then blaming a whole religion for this is truly outrageous and un-american. i think the question is, there's danger in the world, no question

about it, but all the facts that you have been presenting in terms of who are the ones that commit terrorists attacks, it's not people that come from those seven countries. why are the decisions made on the basis what decisions -- does somebody have business in those countries, the muslim countries, and there are lots of questions that have not been answered. part of what really bothers me is that this country is based on diversity and respecting diverse opinions. what is happening is that this administration is making decisions based on the decisions of people that are uninformed about what is going on in the world. disruption -- >> let's talk about that. >> disruption is interesting, chris, and destruction is bad. >> i take that distinction. what is wrong with sean spicer saying if you are not on the same page with the president and

you work at the state department, leave? >> i think it's really a ridiculous statement, and there have been so many in the past few days, and part of what is important in our system is to hear people with different views, and in many ways it's sacred to the foreign service because it gives people the opportunity to disagree and to have their views heard. the secretary of state is supposed to take cognizance of that, and meet with a lot of the people that have dissent. that's what this is about. it would be useful if the people at the top of our governmentally read the constitution. >> there's a mechanism in the constitution that is about dissent and you can google it yourself, and let's go to the concept, to put steve bannon with a seat at the national

security council. what about that in terms of having a dissenting view that the president trusts in on those meetings? >> it's more complicated. i have been part of those meetings when i was in the government. they are meetings that are based on the fact that the national security adviser is somebody that wants to hear the different views of the people that are there, and people that have exspaperience in national secur, chairman of the joint chiefs and the intelligence agencies, and they come in and have discussions, and they do have diversity and dissent. that's what makes them so important. it's however, to bring somebody in that is an extreme ideal log at a level that is not there and express their opinions freely and then decide that the intelligence agencies would only be invited if wanted and it

undermines the national security council decision process that has been in place since 1947. it doesn't mean that bannon is not going to be listened to. what he wants to do is destroy the state. that's what he said. >> right, and he said that verbatim. he said i am a lennonist. it's interesting he would pick a russian, and not only a russian, but lennon, for those who have not done their homework, and he put people to death for not agreeing, and interesting for him to offer that up. this holocaust remembrance day, near and dear to your soul and that of all americans, and what did you make of the white house not mentioning the murder of jews on holocaust remembrance day? >> i found that stunning also.

because everybody knows how many jews died in the holocaust. there are those who want to deny that. i would be kind of surprised if people in the white house really thought that. i think that it was really -- really unbelievable in terms of what day it was issued in holocaust memorial day and not to understand the suffering and, by the way, that one of the things people remember about the united states is that during the '30s a ship of jews was turned away from america. is that the things we want to remember is how we turn people away from this country when they need help? so the combination is pretty bad, chaotic and disgusting. >> appreciate the perspective as always. >> thank you. >> alisyn? there are plenty of questions surrounding president trump's immigration travel ban,

and the white house says it has wide-spread support from americans. is that true? we will get the bottom line and the numbers for you next. if something doesn't seem right, so everyone comes home safely. because safety is never being satisfied. and always working to be better. becaupeople confuse but they're different... nice tells you what you want to hear. but kind is honest. this bar is made with cranberries and almonds. so, guess what? we call it cranberry almond. give kind a try.

sean spicer, says, quote, the majority of the americans support trump's travel ban. is that true? let's get to david khalen. do you know the answer to that? >> i don't know. >> then get out. >> does sean spicer know the answer to that? >> i doubt if he knows that is factually true right now, and it was rolled out friday, and there has been saturation coverage, and we will get first polls showing actually, but we do know that issues of border security do poll really well. this is a popular sentiment in the country, and even more so after incidents like san

bernardino. >> so 48% to 42%, people favored suspending -- it may not be relevant anymore. >> so not more than half the country? >> it's a plurality and on the winning side of the equation. that's a nonspecific question in terms of this policy, and that was rolled out for seven countries. we need to wait a little bit. >> how you do something matters? the criticism of the ban goes to its conception, and its execution in terms of not dealing with any of the agencies. you have your own eyes, and mattis is supposedly upset and tillerson is baffled in terms of this. >> i think we will see partisan divisions on this, as we see on many things. you through a partisan lens will determine how to respond to the question and implementation. >> i don't know if you have the same fault lines, and you had a

dozen of them that were not ready to endorse the order yet, and that's not the kind of cohesion we are used to on the heels of an election. >> no doubt there are fault lines within the republican party, and we saw partisanship was starting to take hold in terms of all views of trump's agenda. >> the president has been tweeting this morning. nancy pelosi and fake tears shuck schumer held a rally and the mike did not work. a mess. pelosi said that's not true, and the mike didn't work for a second but clearly lots of voices were heard about this, and what do you make about this political tactic for the president. >> let's note that the nickname for chuck schumer has gone from

crown to fake tears, so movement there. it was not the most beautifully staged press conference last night when the democrats gathered at their protest and we know that president trump is something that pays keen attention to those presentational aesthetics. >> why didn't he have better execution of this order? >> i am not so sure he's not upset. >> that looked terrible for him. >> and those around him like steve bannon and steve miller in the white house, they really want this fight. they are engaging in the fight. i agree, donald trump can be persuaded by the optics. on the campaign, it rolled out as a muslim ban and the reaction it got, it made donald trump temper it and bring it into an anti-terror policy.

it's not that he is immune to this kind of outpouring of reaction, but i do think that he is enjoying the fight. >> what happens today, david, when this flury of cabinet picks are up for votes, and what -- obviously the democrats don't like what they have seen with the travel ban, what can they do? >> make a lot of noise. they are not going to be able to prevent donald trump from assembling the cabinet of his choosing. jeff sessions likely to get out of committee and be the next attorney general, which is why what i think what we saw last night was more theater than anything else, because we are days away from jeff sessions becoming the attorney general. quitting on behalf of yates and then -- making the statement on behalf of yates that she can't defend it and the firing of trump, that was all washington theater. >> how much risk is the president creating of a pendulum affect? he got people whipped up and

people angry and those that feel forgotten and now you have the pendulum swinging the other way and there's a majority of the country that didn't vote for him and being uniquely motivated by his first actions, and how much risk is he creating? >> i pose this question. does donald trump envision himself, as he has stated, to be the president of all americans? we know he loves to be loved as most politicians do, and is he eager to become a president supported by the majority of the people he is leading, or is the people that support him his devotion, and if its just being a leader for 40%, there's inherent risk in that. >> jake tapper will host a cnn town hall with nancy pelosi.

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time for the five things to know for your "new day." president trump fired attorney general yates for not supporting his travel ban. and cnn has learned democrats may not block mr. trump's nominee in order to avoid triggering a fight that could end the senate filibuster. and then quebec calling the terror attack a lone wolf and said the terror attack would have been difficult to prevent. so far 11.5 million people have signed up for federal

insurance which is higher than this time last year. and the boy scouts of america are accepting transgender boys to join the troops. it will look at the gender on the child's application instead of their birth certificate. for more on the five things to know, go to newday.com. and donald trump tweeting this morning, and a spokesman for nancy pelosi fired back this response. >> no matter how many times he tweets or how many administration officials he fires. we want to bring in the cnn

political director on this. what is shaping up to be the battle between chuck schumer and nancy pelosi and other democrats in congress and the administration? >> you get a sense of talking to democrats who have been so back on their heels since the election not knowing what hit them and were not expecting this kind of defeat, and they see an opening in the trump administration because of the chaotic nature of what has been rolled out from the white house and they see the opportunity to jump in and have an alternative, and this is the -- the democrats are trying to figure out how to seize the energy and convert it into political energy for them, not unlike what we saw with the republicans in 2010 when they saw the tea party energy and they went in and harnessed it to

their political will. >> is trump off his game or is he just learning how to play a new game? what he is good at is exploiting opportunity, right, and using it to melt with his own message. here he seems to be motivating his own resistance in a new way. this is taking a shot at political opponents. in another tweet this morning, he said, look what the democrats are doing. no wonder d.c. doesn't work. that's a hard case to make when the whole function of opposition for the last eight years was galvanized by republicans and they were open about it. it's interesting that he seems like he's missing his mark with these ironic, right, because it echos the complaints even when the republicans were in the minority, gumming things up and not making things work, and i think you now see president trump dealing with chuck schumer pursuing the same kind of moment. you are right.

he is certainly giving a boost of energy to his opposition. there's no doubt about that. newt gingrich described it best, it's like somebody putting on roller skates for the first time and there's so much about how you can explain how it will feel and then you have to do it, and that's what you are seeing in the administration right now? >> he banked with the guy with voter fraud that is not -- >> none of that is surprising because he moved from trump tower to the oval office. this is what we saw in donald trump throughout the campaign. you certainly have to give him credit in the sense that he is delivering on the things he said he was going to do, and the promises he made -- >> the whole point is that is supposed to help you and not keep you limited to his base. tonight on cnn jake tapper hosts a cnn town hall with nancy pelosi. what will she say about all

this? that's tonight at 9:00 p.m. eastern on cnn. and then donald trump announcing his supreme court nominee. who could it be? what we learned about picks in the past, next.

this is a big moment to look out for. tonight donald trump will reveal his choice to fill the seat on the supreme court, and it's reportedly down to two candidates. who is on the trump short list

and what have we learned about the way somebody is presented is not the way they wind up being on the court. we have our cnn legal analyst and supreme court biographer here to discuss. great to have you. perfect guest. who are the main hopefuls heading into tonight? >> right now it's down to judge neil gorsuch, and he was a george w. bush appointee, and he has a pretty solid conservative record. certainly in the mold of justice antonin scalia who he would be succeeding. and the other man is named thomas hardiman from pittsburgh and on the u.s. court of appeals for the 3rd circuit. two different stories. thomas hardiman paid his way working as a taxi driver, and

neil gorsuch was a page here in d.c. and has inside the beltway credentials. >> the smart money, i guess s. on hardiman, and we have been told he sits on the bench with trump's sister, and she likes him, and trump likes loyalty and maybe that's who he will go to. >> possibly. if he does. he will be able to roll out a narrative of somebody that is not an ivy league skwraourist, but it's tough. i think it's neck and neck. in going to what you said in the opening about how do these things turn out in the end, i think what the trump team is looking for is not just a personal story but somebody who they can count on to rule in the ways that they want their appointee to rule, you know.

they want the solid credentials. one thing about judge hardiman, we are not sure. >> yeah, and so talk to us about what this means to be conservative? it's not the same thing as it means politically. how does it play out with some of the big names in the past? >> there's a mantra out there from some conservatives that says no more david suitors, and david suitor was appointed by george bush in 1990, and the chief of staff said he will be a home run for conservatives and knew him from new hampshire, and it turned out that he was one of the most liberal members of the modern court and voted to uphold abortion, and uphold affirmative

action on campus, and when he required in 2009 he left behind quite a liberal legacy. going back before that, president eisenhower was reported to have said i made two mistakes and they are both sitting on the supreme court, earl warren and william brennan, and i am not sure he said that, but it goes to your point to show that sometimes presidents don't have the conservatives they thought they had. >> look at john roberts. he ended up making decisions people did not anticipate. >> yeah, and obamacare would be the one. he twice voted to uphold president obama's health care overhaul, but i have to say that has been a litmus test for chief conservatives. >> you have, of course, anthony kennedy, who has become such a

pivotal player on the court, despite how he looked coming in under reagan as a rock conservative politically. >> if you remember from 1987, the first nominee that reagan put up was robert bourque, and it was only have three tries that he was able to get kennedy on the bench but he was approved unanimously, so probably there were enough democrats that thought maybe under that exterior we might get a few votes we like, and they have. >> that's a big question for tonight, once you get the name will the democrats go all in on this time or wait for the next one and not waste their firepower and change the filibuster and getting mcconnell to change it. what is your take on that? >> it's going to be a really tough question for them, and tonight, coming down the pike,

it could be kennedy, who is 80 years old, and those seats are much more consequential, and it would give donald trump a very strong conservative majority without the leverage of swing vote, anthony kennedy, to give liberals, for example, on same-sex marriage, he was the crucial vote on that. i think it's a tough call for democrats. >> thank you for being here and walking us through all this. >> a lot of drama. how about some good stuff? >> okay. >> that's next.

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america is a place that helps. a utah man ends up homeless after he loses his job. take a listen. >> rejection after rejection. >> rejection after rejection is the bad stuff. he looked relentlessly to find a job mostly because of his appearance. he found a store giving away suits for those desperate for a job. here's the store's president. >> you can't put a price on confidence. >> and how you look. right? first impressions are always the most important. brian gave it another shot and applied for a job and showed up

in a suit and hired on the spot. >> these last ten months i have lost faith in humanity. i didn't think it would happen to me, and it did. i owe them so much. >> that's a beautiful story, and you can look online and figure out where you can donate suits and dresses because they help people. time for the "newsroom" with carol costello. >> nice way to end the show. thanks so much. "newsroom" starts now. good morning. i am carol costello. thank you for joining me. a wild morning in washington today. key notes a donald trump picks about to kick off, after he files the attorney general sending shock waves. yates, an obama hold over, said her justice department lawyers could not defend the travel ban