court, by the way, since clarence thomas. the prime time event was hoped to distract from the travel ban debacle but it won't now hundreds of state department diplomats are calling it wrong headed as well insisting the highly charged executive order will make america less safe. we're entering day 13 of donald trump's presidency. we have every angle covered. >> good morning, chris. there are fewer bigger decisions a president can make than appointing justice to the supreme court. well this judge, neil gorsuch will be on capitol hill this morning meeting with mitch mcconnell. he will be escorted by the former new hampshire senator. and chris, this confirmation battle will be a tough one.

>> in a primetime reveal president trump unveiling judge neil gors b uch. >> democrats and republicans come together for once as the good of the country. >> i look forward to speaking with members from both sides of the aisle. >> setting up a battle and democrats vowing a confirmation fight after the late justice anthony scalia was blocked for ten months. >> if i conclude he is on issues like privacy rights including women's health care or roe v. wade or worker and consumer protection i will use everything at my disposal to block his nomination.

>> the fall out continuing with more than 900 state department diplomats signing a memo of descent against the travel ban. house speaker paul ryan admitting the roll out was unusually rough. >> it was confusing but on a go forward basis i'm confident that secretary kerry is going to make sure that it's done correctly. >> john kelly is in charge of implementing the action. a action he defended despite chaotic scenes. >> it wasn't a surprise it was coming and then we implemented it. >> the white house is trying to reban the order. >> ban is exactly how the president and his press secretary describe the action. >> we're going to have a very, very strict ban. >> that is a 90 day ban. >> the ban deals with 7 countries. >> pressed on the point he provided no clarity. instead taking aim at a familiar

target. >> i'm not confused. the words that are being used to describe it are derived from what the media is calling this. >> despite legal challenges and protests the administration is signaling it has no plans to change the order. three high ranking republican senators saying they were told the white house will not be rewriting it's controversial travel ban. now speaking of protests, there are protests that are planned in milwaukee wisconsin. that is where the president is scheduled to go tomorrow to give an economic address. scheduled to speak at the harley davidson plant there but that trip is not on the schedule anymore. it was cancelled because of the protests but one thing that will unify republicans more than anything else is the supreme court nominee. watch for that to start happening as soon as he hits capitol hill later this morning. >> all right, jeff, appreciate it. it was interesting to see ryan there acting like the democrats did during the obamacare roll out. where it was just not about the

law itself. senior columnist for the daily beast matt lewis, david gregory and cnn supreme court analyst and biographer. joan, i start with you. i have bags under my eyes because i was reading gorsuch opinions and the good news is there aren't that many that go to hot bed issues that may come up before the court but what is your read on him? >> well, they're well written aren't they? they're actually a delight to read but i'll tell you one thing about the fact that he is such a, so handy with rhetoric is this is a man who is clearly a win for president trump at this point and democrats and liberal allies is a set back in two ways because he is so effective. he's got the kind of background

that will make him not a conservative vote to replace justice scalia and he has a broader approach as justice scalia did and i do not think there's going to be a battle royale over him. might be a strong hand full of democrats that break off only because his record isn't super controversial on the issue you were referring to about finances. he has not written yet on abortion extensively. he has not written on gay rights extensively. death penalty. all of those issues that are more accessible to the public. he has it but what he has done is he has taken a narrow approach to federal regulators and how they can protect consumers and those things don't translate as well for his

opponents. >> jackie, what is their strategy. >> they're going to demand 60 votes. >> not going to listen to ted cruz? >> so weird, right? they're under so much pressure from their base to not only take vengeance for merit garland but also to resist president trump at every turn. they got heat for confirming general kelly and general mat gattis for their positions. they're not going to go quitely. will it end up a supreme court justice? probably. they're going to make a big show about opposing him for sure. >> david gregory, you live with a brilliant lawyer yourself. this debate politically is if you go all in on gorsuch that got a good pass. he wrote a decision that people

that would have known about it. he walked through on a vote last time. how much momentum did that put in his favor? >> when he got on to the d.c. circuit he was blocked and i think jackie is exactly right. democrats don't want to have some sort of bipartisan fever here after what was an obstructionist move by any measure. as i mentioned judge garland say close friend of mine and i think the support while not having him on it. this is extremely qualified. what's happening here is a very strong moment for president trump. a strong leadership moment. he kept that promise right out of the box. the roll out was done very effectively and he has a very qualified nominee and what's more just like in the campaign

what the president benefitted from was conservatives coming home. a lot of conservatives came home in anticipation of last night. did they get a conservative nominee to the supreme court? >> now you're going to get a battle that suits the president very well and helps him unite his party that's not united because of russia and the travel ban and other things. this is a good old fashioned fight. >> let's talk about the travel ban. you heard in the piece there they're changing their lingo. it's not a travel ban but the president says it's a travel ban. what else do you call it when you block people from 7 countries from coming in but i think that the largest question is what does this tell us about the inner workings of the white house, that they're trying to do all of this back pedaling? >> i'm a little more sympathetic

with them on this one. the problem is the lynn gingo i muslim ban. one is obviously it doesn't ban all muslims. people come in from other countries. >> they change it from muslim ban, travel ban. the second part is i think suggests it's indeft and i know in most cases this is 90 days to 120 days. it's easy to saban is shorter. if you're tweeting something ban is easier to tweet than a temporary pause or whatever. the trump administration is guilty of helping propaganda. but they have a point. when you call it a ban it suggests it's indefinite.

>> that's true. it's fair to say that. that will be more precise but the other six countries it is not indefinite. >> except we know what is going on here. ban is biting them in the behind right now so they're trying to change it to be something else to make it seem more about extreme vetting and putting the procedures in place but when they wanted the police cal capitol seeing harsh on muslims they wanted that and when they wanted capital making it seem like a strong move, they did that. the facts are the facts. let's play sean spicer. this isn't about the media twisting what it is. this is what they have called it from the beginning. play the different pieces of sound. >> it can't be a ban if you're letting them in. that's not a ban. >> it's a 90 day ban to ensure that we have further vetting restrictions so we know who is

coming into this country. the safety of our country has to be pair mount. >> if you say he's just a mouth piece and it's about what the president wants, listen to president trump. >> we're going to have a strict ban and extreme vetting which we've had in this country for many years. >> talking about it on the show and criticizing what it means if it's a ban or security. here's what he tweeted. >> if the ban were announced within one week notice the bad would rush into our country during that week. a lot of bad dudes out there. he calls it a ban and then makes a point which is just demon stra bli untrue because the idea of notice providing for a flood of bad dudes would mean that there's no vetting in place and that's not the case. especially with refugees you have the most strict vetting applied to anyone gaining access to our country. >> that's a really critical point because the feel good

aspect for trump supporters of this executive order is that oh, we stopped all of these terrorists from coming in and they were rushing into the country and there's all of this that goes on. there's a question about whether parts of it or all of it might be unconstitutional. that will be challenged in the courts. there's the implementation where you've heard from people across the board from governors to members of congress and even from administration cabinet officials that was hastily put together and then there's an insult factor for people to go through this. it certainly effects a lot of muslims and they were -- how about the fact that this is just the beginning and we want to

recast who should be able to come into america and a fear where you let more and more immigrants in and you can have a european-like terror threat because you have subgroups that wouldn't be part of it. >> we want to talk about the cabinet votes that may be happening or may not today. democrats are holding out votes for several of president trump's key nominees so how long can that last? our panel discusses next.

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democrats are blocking confirmation votes for trump cabinet nominees but why, republicans did manage to push through secretary betty devos. how much of this is politics and how much is it going to play ultimately. what do you see?

>> to give you a sense of just how intent it is you have a noncontroversial nominee. including very notably the senate democratic minority leader chuck shuker against her and two of donald trump's nominees and tom price for health and human services and they feel misled they say by nominees and republicans here are crying foul. they say they are trying to slow down and delay the process. he's reacting to that boycott yesterday in his committee. >> they ought to be embarrassed.

it's the most pathetic treatment i've seen in my years in the united states senate. >> they are idiots. anybody that would do something like that. it's a complete breach of decor rum and committee rules and complete breach of just getting around here. >> it's very likely that we'll see rex tillerson being confirmed by the full senate for secretary of state and also attorney general nominee jeff sessions after democrats dragged that out again. today he'll likely face a committee vote. >> okay. thank you very much for all of that background. let's bring back our panel to discuss it. jackie, matt lewis, and david gregory. so david, is this payback? you heard him say i've never seen anything like this in all of my years. well, merit garland they didn't even want, they refused to vote on for 11 months. is this democratic pay back where they're boycotting these votes or what is happen

somethi something. >> there's nothing harder to listen to than self-righteousness on capitol hill from one side or another. this is a real blood sport and leaves a lot of americans dis disgusted with washington and you see that played out on social media. democrats are in the middle of a strategic choice about how they want to handle the trump years. whether they want to imitate what republicans did which is really stand in the way, they argued on principle but they did obstruct the obama administration and now there's energy that wants democrats to respond in kind and play just as tough. there's limits to what they can do be it on a filibuster or denying nominees but i think they're in the middle of a battle of figuring out how far they want to go in their

opposition. >> some democrats are arguing that they have more leverage than the republicans did because the republicans were purely political but they have high ground when it comes to the executive order but they're not applying it to the executive order. they're plieg it to the confirmation points. what do you make of that argument? he says he's going to vote for tillerson because watching what happened with the executive order trump needs a secretary of state that will give him independent thought. >> but not sessions he said. >> no, sessions. although it would be interesting to see sessions. i want the democrats to show up at the hearing because i want to hear sessions answer the question that he asked salary yates about what do you do if the president asks you to defend something unlawful. how is this playing out in terms of what leverage democrats perceive verse what is they have. >> democrats are going to use whatever they possibly can to beat republicans over the head and to delay the nominees. it's because they are so in the minority they really do, they

really do need every piece they can get. but the people that are going to be interesting to watch throughout the entire process are the red state democrats. democrats from states that trump won because they're the ones that will be pulled in every direction she was getting tons of calls from her constituents about betsy devos. they're going to be the ones to watch and the deciders attend of the day lawmakers posed a thousand questions to her and some of the answers seemed directly verbatim from other

places. what do you think is going to happen. is turn about fair play now that the democrats are in a position to try to obstruct? >> she will be confirmed and at this point i think all of the nominees will be confirmed. democrats just don't have the leverage. they can try to make a stand and show they're tough but they don't have the leverage to stop anything of course both sides are now playing politics. i don't think either side has the moral high ground. it's a different time. there was a time when people went to dinner together and republicans and democrats their families knew each other and there were more moderate democrats and moderate republicans and people in power

will say one thing and out of power they'll make the other argument. >> if it's still true that tone starts at the top it will be this way for awhile both sides are going to dig in. as jackie said watch the red state democrats. they're really working trying to claw back power and that's where a lot of the energy is. these red state democrats up in the senate are the ones already going to be targeted on him saying you have to vote for this guy. that's why the vote on this pick would be interesting. >> there's something interesting happening and that's the protest or the descent we have seen already to the trump administration. we see it publicly in terms of the protests in new york and

washington d.c. and around the country and then there's this underground level of descent that we read about. >> trump just can't rule and crack down on all of the workers in all part of the federal government. it doesn't work that way.

you need to foster some sort of good will because it's a complicated bureaucracy out there and they can make your life very hard. >> it's a partisan bureaucracy. a lot of people in the justice department there's some that view, you know, say sessions is a good law and order guy on criminal stuff but this is a lot of liberals in the department that lashed out against push as well. the fbi has a lot of conservatives in it. that's the thing about the bureaucracy in washington. >> this is one of the things that the election spoke to most clearly is people that came out for trump and people coming out for bernie sanders don't like the status quo and i don't know that these federal workers will have a very sympathetic year with their fellow americans. what's your take? >> no, i think that's right and partly explains why the trump administration is purging people who don't agree.

he has unique problems and i wonder if marco rubio were the republican president as much as he would try to be a kinder, gentler employee, how much of this is a sign of the times and not of donald trump's being outside of the mainstream. >> thank you very much. great to talk to you. so the trump administration is moving to complete the dakota access oil pipeline and a group is threatening to sue to stop it. we have the latest on the high stax environmental battle, next. find a lower price and we'll match it. plus 50 bucks off your next trip. travelocity® wander wisely™

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>> the israeli government approving the construction of 3,000 new settlement homes in the occupied west bank. more than 5,000 new settlement homes have been approved since president trump took office. trump signalled a more accepting approach to israeli settlements. the new homes address a growing demand for housing and a quote, return to life as usual. >> another legal battle shaping up over the dakota access pipeline. they're vowing to fight the project after the acting secretary of the army directed the army core to complete the project. under president obama they denied the permit needed to complete the pipeline. last week president trump signed an executive order reopening project. >> president trump's highly charged refugee and travel ban is running up against lawsuits. do the legal challenges stand a chance? we have a closer look.

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so the trump administration is free to blame the media all at once but the fact is the travel ban has problems. people come out from around the country and around the world

frankly to protest what the brand says about american values. but there's also legal protests. attorneys general from four states for suing the trump administration over the executive order restricting immigration. is there anything to the legal side of this. joining us with answers is laura, cnn legal analyst and former federal prosecutor. it might be helpful for people to get the two statutes in place. some would be constitutional arguments but let's look at the 1962 immigration act. it gives the president in the interest of the country. that's followed up by 1965 immigration act where there was a little bit of a prohibition put it where you can't get preference or priority and race, sex, nationality, place of birth or place of residence.

what's your take. >> it's important and critical in any legal argument that challenges tim grahe immigratio. when the courts consider whether or not this ban is effectively unlawful they had to figure out whether or not the power of the president, the presidential prerogative to deny industry was curtailed by congressional action to say we're talking about the issuance of visas. one can't get a visa if denied entry and vice versa. you're overriding theme here is that presidential prerogative will problem undermine any argument against using that ina. >> what about the idea of in 1965 they changed the reconning of what the president's discretion was and that you can't just keep people out because of where they are fro. obama's law in 2011, his executive order was to keep

people out from those countries on the basis of travel to them in select cases, not simply being from there. will that matter in court? >> it will. national discrimination is the heart of that particular statute and what we were trying to curtail curtail. this was to try to figure out how we could avoid having that system and complete preference of people from certain regions of the world and that will be a good challenge to make in court. and it's the religious aspect of it. >> well, the actual ban is banning all refugees for the 120 day period but after 120 days the homeland security office has the discretion to try to allow people that are the minority religion in a particular state

in the country. we are neutral and do not prefer let alone endorse a particular religion whether it be a minority religion or otherwise. >> is there a question about whether or not this applies to laws. it's self-selecting to deal with people in extreme circumstances. >> that is the spin that is being cast by the white house saying you're talking about it being a muslim ban, quote unquote, because of the rhetoric on the campaign trail. >> that's what president trump called it. that's what we know he was asking for and they found a legal way to do it. >> that's the key. and also apparently the way they were trying to legalize and otherwise discriminatory law so that will be looked at by the courts. however, the bigger argument is

his statements there's a territorial ban and there's no indication on its face besides that 120 day clause and it will benefit most nonmuslims and certain areas of the world. however it's clear there's a preference for a particular religion and that in and of itself is problematic. >> one of the things i think i was able to figure out looking at case law over the last two days is duration is irrelevant. we keep hearing it's temporary, it's temporary, that's all spinning politics and in the eyes of the law what i found, tell me if i'm going to be wrong on this. it doesn't matter if it was one day or forever if it was on the basis of something that's illegal, it's illegal. >> that's the foundation of the boston and virginia judge's order saying even if it's a temporary inconvenience it's still offensive to the

constitution perhaps. if you offend the rights of any person that has rights and access to the constitution of the united states of america it can be temporary or indefinite, it's unlawful. >> we saw after world war ii, about the jews, the 30s about what happened with my ancestors and italians and the wave of ethnics that came in. thank you for setting up the whole picture for us. >> thank you. >> up next, this bud's for them. they take on the immigration issue in the super bowl commerci commercial. we have a preview and we'll show it to you. ver, that help them save on their car insurance. any questions? -yeah. -how do you go to the bathroom? great. any insurance-related questions? -mm-hmm. -do you have a girlfriend?

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>> critics of donald trump say they see signs already of authoritarian tendencies. he tackles the topic in this new cover story. it's a fascinating read. and author of the war for late night. great to have you here. i want to start with you. let me read a little excerpt from your big cover story in which you say by all early indications the trump presidency

will corrode public integrity and the rule of law and also do untold damage to american global leadership, the western alliance and democratic norms around the world. the damage has already begun and it will not be soon or easily undone. david we're only on week two. what are the troubling signs that you see. >> well, it's already true. donald trump's family members are sitting in on meetings with foreign leaders. and those three gentlemen from india are showing up and alerting people back home that they had better do business with those business partners because they had access to the president. the flow of money into the trump organization is accelerating. announced plans to triple the number of hotels in the united states. it wasn't a popular successful business before and all of this was happening with no way for anyone to keep track of what the president is receiving from interests at home or abroad except through the very

inadequate white house disclosure forms because the president uniquely for the first time since jimmy carter will not publish his tax returns. we will not know if he gets ten times richer over the course of his presidency. >> we told you this during at the election. we told you a lot more about it after the election. there has been no uprising or real shift in his base so if people don't care -- >> it seems to be there's not much you can do officially about it because the checks and balances that we normally have are not in place. the congress is not going to do anything about it so then it becomes incumbent on the press and the media to do something about it and this huge push back against that. i don't think unless there are leaks that really get into this, the issues that david is talking about, we're going to know a lot of this information ever. i think certainly the congress isn't going to have a hearing to demand it as long as the republicans are controlling congress. >> why do you think people are comfortable with signs that you see as quite troubling? >> i don't think people are

comfortable at all. obviously not but there's a great deal of public apathy and that's one of the resources that they're counting on. this is not a country of joiners anymore. i talk about that. we have an image of political activity going to protest rather than the pta meeting so when the society demobilizes it becomes possible for leaders to bend the rules. i'm not predicting here some kind of dictatorship. it's not going to happen the way it happened 80 years ago. modern authoritarianism in plac places, it proceeds by corruption and deceit rather by violence. >> are your hopes raised by some of the palace intrigue surrounding push back on bannonfor how terribly the travel ban has gone early on and this say big strong move of him.

it has his fingerprints all over it and maybe his influence and maybe what you're worried about may wind uptaking a hit over something like this. >> the problem is the president and donald trump has attracted bad characters. and he will be replaced by another bad character and the problem comes from the top. >> this is unique. i've never seen a guy with bannon's background brought into the seed of power and the guy said it. >> and that has some political play so the author of a guy. >> you own what they are. that's really what makes this

guy special is that he's willing to throw out ideology for his big purpose. his big purpose is to just blow things up and start over and he keeps talking about this being a movement. it's not really politics. >> it's the guy in the navy with an establishment and he worked at goldman sachs and hollywood. he worked in everything. he worked in big political moves with breitbart. >> but he always had a fixation with war and strategy of war. he liked reading books about war and that he sees himself as a nationalist. i mean, let me just read a little portion so that we know a little bit more about him. this is from a speech he gave in 201. it was obtained by buzz feed. strong countries and strong nationalist movements in countries make strong neighbors and that's the building block in western europe and the united states. i think it's what can see us forward. he doesn't like globalization. >> right.

it's an america first thing with him and it fits with trump and david's unique with trump in a way because he's not a politician. he doesn't have a background of work with legislators. he was a ceo and he is totally the right figure to work here. >> i'm going to make the connection and putting this out and hard not to see the political implications. >> you don't look like you're from around here. >> you're not wanted here. go back home. >> they did pick a white guy but, you know, the message seems to be a little obvious, especially for a beer

commercial. especially something as american as budweiser. what is your take on that. budweiser seems to be saying this bud is for them. >> i think it's going to be very important as we see what unfolds. that people react to it in ways that are destructive and intelligence. one of the things that donald trump was going to try to do and i warn about in this article is certain protests are not a problem for him. they're a resource. if he can drive his opponents to extremes as unacceptable as his own, random enforcement or discrimination in immigration is to have open borders. it's open immigration that creates these parties in the united states and europe. >> it's fantastic. >> every day. >> thank you for watching us here on new day. cnn newsroom. let's get right to it.

>> our president is reckless. this administration is incompetent. >> it is not extreme. it's reasonable and necessary to protect our countries. >> it's steve bannon's words put into policy. we are already in a crisis of confidence. >> democrats are holding up both for president trump's key nominees. >> they ought to be embarrassed mr. president. >> i am honored and i am humbled. >> he's a home run. >> i only hope democrats and republicans can come together for once. >> this is new day with chris cuomo. >> all right. good morning, welcome to your new day. up first president trump's long awaited pick for the supreme court is here and now we're going to have a big capitol hill show down. the choice is neil