Skip to main content

tv   Smerconish  CNN  February 4, 2017 6:00am-7:01am PST

6:00 am
6:01 am
♪ i'm mike cell smerconish coming to you from philadelphia. we welcome our viewers in the united states and around the world. last night a federal judge in seattle halted the refugee travel ban nationwide. president trump already tweeting that this means, quote, unquote, big trouble. where does h leave them and where does it leave us? the ban was already sparking campus outrage, not just from students but from presidents, as 48 college heads wrote president trump a protest letter and eight institutions joined a lawsuit to end it. and is the reason the president promised to destroy the rule preventing non-profits including churches from making political endorsements because ivanka and,
6:02 am
jarrod kushner made him dial back his anti-lgbt stance? and not even the super bowl is safe from politics. our new commander in chief happens to be the a pal of the patriots owner, coach, and quarterback. i'll ask espn's steven a. smith how this will all play out tomorrow. but first, permit me to advise our new president. mr. trump, a federal judge appointed by george w. bush has just given you an out. you kept your campaign pledge. you initiated a muslim ban. or as you would say, a ban on seven majority muslim nations. but now comes a temporary restraining order staying the travel ban. look at it as a gift. the ban was ill conceived. it was klumsly rolled out. it provided recruitment fodder for our enemies and focused on the wrong threat. it addressed refugees who hear hear to for have not been
6:03 am
response i believe for terror on our shores. the kato institute estimates america's chance of being killed by a refugee is 1.64 billion annually. so where the ban was intended to be only temporary the prudent path would be to tell your supporters you gave it a shot. and then move on. but instead the white house has already vowed to fight what it initially called an outrageous ruling before deleting the word outrageous from the statement. that's a mistake. where the full litigation of this issue could easily take longer than the ban itself would have lasted. what do you think? tweet me @smerconish. i'll read some during the course of the program. joining me now a constitutional scholar, jeffrey rosen, is the president of the national constitution center. jeffrey, a tro comes with a high threshold. explain that to the audience. >> yes. in order to get a temporary restraining order there has to be a likelihood of succeeding on
6:04 am
the merits and a risk of irreparable injury. in judge concluded there was a high chance that the plaintiffs would succeed on their constitutional claims. he noted especially that the order bans christians and seems to engage in religious discrimination and for that reason he said it was necessary to issue the ban nationwide. >> the order is at odds with another order from a federal judge ask in boston. so how to reconcile those two competing views? >> well, ultimately the supreme court could weigh in but what is so significant is a single federal judge can ban an order for the injury nation. in this order the judge cited the order banning president obama from deporting the parents of illegal immigrants. and the transgender policy by president obama was also blocked by a single district judge, so until lower federal courts can disagree, this ban will remain in place, appellate courts will
6:05 am
hear it and if there's a disagreement among the appellate courts they can step in but the litigation can absolutely take longer than the ban itself. >> jeffrey, we're having this conversation at the end of a week which saw the new president make his selection for replacement for the seat that had been held for antonin scalia. is it ultimately the supreme court that will have to determine the outcome in this case? >> well, the supreme court could choose not to get involved, but if there is a serious disagreement among the lower federal courts, and there are suits going on here in hawaii and michigan, washington state, california, virginia, where there's a separate challenge to the order to deport people at dulles airport, given the likelihood of disagreement among the lower federal courts, that's the kind of situation where the supreme court ultimately usually does step? >> and before we goto that step, jeffrey rosen, you know the different circuits in the nation. so with regard to the travel ban that has just been stayed by the judge on the west coast, to what
6:06 am
circuit is this going and what search warrant the is their reputation? >> i can say the majority of the circuits are controlled by democratic appointees and majority of federal district judges are democratic appointees and it will take a long time for the senate to tip that balance. so there are many, many potential blocks to the implementation of this travel ban as we move forward. >> confusion has reined since the order was initially put into effect by the president. do you expect that there will now at least be uniformity of approach and that all will be respecting the fact that the ban has been stayed? might some clarity come from this? >> it's possible and it's significant the customs and border patrol did order the issuance of visas which had previously been blocked. the administration told virginia court that first 100,000 and then 60,000 visas had been revoked. and that will change now. but the real drama is will the
6:07 am
president comply. there are some reports the government is not complying with the virginia courts order to stop the deportation of people at dulles airport. you could see a confrontation between the president and courts of the kind that we haven't seen since cooper, the case where governor stood at the courthouse door to stop african-american student from being admitted. ultimately the supreme court unanimously ordered the admission and the president did comp comply. the president of whether president trump will comply with the orders will create a constitutional drama of the most high significance. >> and to that point, final question, equally interesting will be to see what the response is from rank and file government employees where already there seems to be some blowback toward the president on a variety of his proposals. >> absolutely. you know there's a lot of confusion about what the state of the law is, but face with the possibility of this order that may embolden employees who are not inclined to enforce the travel ban and will make it all
6:08 am
the more difficult to get national uniformity. but it's a huge deal and it's just a really dramatic example of how a single district judge, one federal judge, can enforce the constitution for the entire nation. >> jeffrey rosen, president of the national constitution center. thank you so much for qulour time ande erxpertise. >> thank you, michael. how will president trump respond to this latest setback? here's a tweet just in this morning. quote, the opinion of this so-called judge, hey, can i stop right there? hold on. just freeze the image. so-called judge? it's a federal judge appointed by president george w. bush. i try and show the office of the president respect in the way that he ought to be showing respect for a member of the federal judiciary with a lifetime appointment. that's not right. frankly, i lost track of whatever the second half of that
6:09 am
tweet was. celina zito is here, thank goodness. she writes for the "washington examiner" and "the washington post." come on, you're the commander in chief. you can't be disappointed with the out come of a federal case and say, well, the so-called judge. he did that with judge curio in the trump university case. i thought it was appalling. >> are you really surprised? i mean, this is the way that he communicat communicates. you know, every day, every minute, every hour we are, you know, we're breathlessly reporting on how surprised we are by his behavior. and while it is completely different from president obama, president bush, president clinton, so on, this is exactly what people voted for. whether you like it or not, the people that showed up to vote in the states that count, they wanted this disruption. they wanted this guy that talks the way he does. now, that might not sit well with a lot of people, but this
6:10 am
is who he is. and it's not going to change. he's 70 years old. >> i get it. i get it. yeah, that's a good point, too. it's hard to teach an old dog new tricks. i love dogs. don't beat up on me for that. but the thing that bothers me. i'm an officer, thank you for the laugh. i'm an officer of the court. it's one thing if yurk taou're g about rosie o'donnell but a senate, and live time appointment, it troubled me in the case of trump university and i don't like it in this. let me ask you a different question. maybe you heard my commentary at the outset. isn't it time for him, prudently, to fold his tent? he gave his supporter what's they wanted. he delivered as best he could on that campaign promise. and now he should move on rather than litigate this for a time period that would extend beyond the ban itself. >> you gave a really good point, actually. it might be something he considers. when i interviewed him last april, i talked to him about all
6:11 am
the lawsuits and all the litigation that he faces as -- that was when he was a businessman. and he said that, you know, he doesn't go into a lawsuit or he doesn't go into a fight that has to deal with litigation, with money, with consequence, that he it isn't think he's going to win. that actually might be an option that he considers. i thought it was a really good point that you made. >> cnn has a brand new polling out that shows most americans, i think the margin is 53-47, oppose his ban. that's part of the reason why i would say it's politically prudent to, otherwise it bogs down the remainder of his agenda. >> i think that this could have been handled better. i think he could have gone out there and said, look, i really apologize for my harsh rhetoric during the campaign but as your president, i know things that i think this will keep us safe and it's time to take a pause and
6:12 am
relook at how we screen people. that would have been much better shaved. instead we're facing all of this chaos. >> i recognize the backdrop from pittsburgh, pennsylvania. thank you, salena. >> thank you. >> what do you think? tweet me @smerconish. i'll read some of your responses throughout the course of the program. anything coming in worthy yet? smerconish, your reasoning regarding the ban is sound but you are trying to appeal to an unreasonable man. i think it makes sense all around, right? good for the country and frankly good for him politically. mr. president, if you're watching from mar ro lag go, i just gave you the out. up ahead, college campus us have always been a hotbed of activism from the student body but this week four dozen college and university presidents turned activists sending a letter to president trump against the refugee ban. were they out of line? and, it's super bowl weekend when our nation unites to watch
6:13 am
our warriors on the gridiron. but this year one team has close ties with the president and politics have spilled on to the field. luckily, steven a. smith is here. if you're searching other travel sites to find a better price... ...stop clicking around... the lowest prices on our hotels are always at hilton.com. so pay less and get more only at hilton.com. justice is spelled b-o-x. say hello to a powerful tool that gives you options to fit your budget. ♪ oh, i'm tied to this chair! ♪ dun-dun-daaaa! i don't know that an insurance-themed comic book is what we're looking for. did i mention he can save people nearly $600? you haven't even heard my catchphrase. i'm all done with this guy. box him up. that's terrible. they keep telling me "drink more water."
6:14 am
"exercise more." i know that. "try laxatives..." i know. believe me. it's like i've. tried. everything! my chronic constipation keeps coming back. i know that. tell me something i don't know. (vo) linzess works differently from laxatives. linzess treats adults with ibs with constipation, or chronic constipation. it can help relieve your belly pain, and lets you have more frequent and complete bowel movements that are easier to pass. do not give linzess to children under 6 and it should not be given to children 6 to 17. it may harm them. don't take linzess if you have a bowel blockage. get immediate help if you develop unusual or severe stomach pain, especially with bloody or black stools. the most common side effect is diarrhea, sometimes severe. if it's severe stop taking linzess and call your doctor right away. other side effects include gas, stomach-area pain and swelling. talk to your doctor about managing your symptoms proactively with linzess.
6:15 am
z282uz zwtz y282uy ywty i just want to find a used car without getting ripped off.
6:16 am
you could start your search at the all-new carfax.com that might help. show me the carfax. now the car you want and the history you need are easy to find. show me used trucks with one owner. pretty cool. [laughs] ah... ahem... show me the carfax. start your used car search and get free carfax reports at the all-new carfax.com. but i keep it growing by making every dollar count. that's why i have the spark cash card from capital one. with it, i earn unlimited 2% cash back on all of my purchasing. and that unlimited 2% cash back from spark means thousands of dollars each year going back into my business...
6:17 am
which adds fuel to my bottom line. what's in your wallet? president trump's refugee ban suspended last night by a federal judge had already received some strong criticism on college campuses, understandable, since more than 17,000 u.s. college students come from the seven impacted countries. but the shocker was that much of the criticism came not from student activists but from the top. dozens of university presidentings came out strongly against the ban, first in statements to their own communities and then a letter to the president which says, in part, quote, if left in place the order threatens both american higher education and the defining principles of our country. among the 48 signers, washington university at st. louis which has about 50 students from the
6:18 am
country's on the list, and which you will recall, hosted the presidential debate between trump and hillary clinton last october 9. joining me now, it's chancellor mark righten and from vanderbilt university, chancellor also signed that letter, carol swain, professor of law and political science who wrote this at cnn.com. quote, trump's order is a balm for christians, not a ban for musl muslims. i broadcast my radio show twice this year from your paul harvey facility. i love your campus. why did you step out of the ivory tower and get so politically active along with 47, 48 others of your brethren. >> my colleagues and i believe that american higher education is a great asset of this country. this great asset attracts talented people from all around the world. we're fortunate to be able to work with some of the finest students and i might note that we've recruited a great many
6:19 am
faculty members from other countries. about 30% of our faculty were born in another country. america is a great country. our research university enterprise is world class. the executive order issued by the president undermines our effort to strengthen our ties internationally and undermines our effort to build collaborations that are going to contribute to a stronger, more vibrant u.s. economy. >> can i pick up on that word collaboration because something that occurred to me is the fact that we have 17,000 of these students studying in the united states. more than 12,000 alone come from iran. who would we rather iranians get their news and information about the united states from, the supreme leader or those 12,000 who come here and study and go home and spread the word about the united states? >> it's very important that we
6:20 am
draw students from all parts of the world. it's important for american education. the u.s. citizens who come to washington university benefit enormously from this interaction with international students. those students who come from other countries are our ambassadors. in fact, under the leadership of president bush and secretary of state condoleezza rice, they embraced international higher education in the national interest. i think we need to affirm the importance of working collaboratively. there are global programs that we need to address together and the talented people from the united states and talented people from around the world should work together to address these problems. >> mr. chancellor, thank you so much for your time. >> thank you. >> professor swain, to my point about the fact that we are casting aside the use of 17,000
6:21 am
ambassad ambassadors, right? they come here, they get a taste, exposed on wonderful campuses from vanderbilt. by the way, i have a daughter who graduated from vanderbilt. and then they go home and spread the truth about the united states. that's what's at risk here, no? >> michael, i disagree. i think there's a false narrative that this is a ban against muslims. that's not true. and i believe the president operated fully within his executive authority. what i see coming from the universities is an astonishing amount of hypocrisy. some of these -- the president's ban is not that different from the one that president obama put in place. we did not hear screaming from these leaders when that occurred. we also did not hear them speaking out when the obama administration had a policy that resulted in syrian christian refugees making it almost impossible for them to come to
6:22 am
the united states. and so there's been a discrimination against syrian christians by the obama administration, the obama administration when it comes to cuba, it's changed its policy in a way that disadvantages refugees. why weren't these leaders speaking out? and i think the university presidents are terribly wrong that they -- 28 colleges have announced their sanctuary campuses, they get federal funds. they're supposed to follow the federal law. they need to be teaching all of our students about the constitution, about executive orders, about separation of powers. i believe that they're failing in their mission. and right now they're engaged in a huge distortion. everything is not about them and their mission. i agree that we are enriched by students from all over the world. but at the same time, i don't believe the president's ban jeopardizes any of that. that's what i have to say. >> i appreciate your perspective. listen, you're here for the
6:23 am
umpteenth time because i want to hear what you have to say. even if i don't agree with it. i'm worried about the young scientists, the aspiring scientists in one of these countries who maybe has already applied to your school and been accepted for next year. and now, you know, maybe early decision. and now they're saying, geez, am i still going to go to the united states? the turmoil that's been created surround the people who don't -- who don't cause a risk to this country. they're not the ones. we have more problem from people who are here in the states and are americans and have become radicalized through the internet. >> michael, whenever there's a policy change, someone is going to be inconvenienced. i agree that the policy was rolled out very poorly. it could have been better done. >> right. >> but it was fully within the president's authority. i think his executive order is constitutional. and that it will be upheld by the courts. a lot of partonship has taken
6:24 am
place in debate, the media issic whatting it seem like it's a muslim ban. it's not a muslim ban. again, it's a lot of hypocrisy and the people including the media need to do more studying of the issue. >> all right. let me, a, say the media today is whatever you want it to be. the media is fox and breitbart and a.m. talk radio and it's an an alternative. >> right. >> let me just say if i might to this. prakt cat advice to the president. i hear everything that you just said but is it really worthwhile to litigate this for a time period longer than the ban itself would have lasted? >> well, i think that -- if i were president trump i think i would slow down with the executive orders and do more -- take more time with some of the actions that he's trying to accomplish. but i think if you look at president obama legislated using executive order when he put dhaka in place and various
6:25 am
things. no one complained. his actions were unconstitutional. >> everyone complained. come on. come on. a lot of people complained. >> the liberals complained. >> i complained? who am i. i complained, who cares? >> professor, thank you as always. appreciate you being here. >> thank you. let's see what some of your are thinking. tweeting me @smerconish. what have we got, catherine? smerconish, we the people wanted this 90-day pause. he ran on this ban. we the people voted for him because of his promises. okay, ron, i get that. i totally get that. elections have consequences. but now we got to respect the rule of law. and i'm making a practical observation which is to say do we now want to duke it out over this for longer than 90 or 120 days? that's does not make sense. it's not wise for the president to spend capital on it. that's my thought. want to escape all the politics? it is super bowl weekend but this year politics have spilled on to the gridiron. steven a. smith is up next.
6:26 am
about credit scorecard. give it. sure! it's free for everyone. oh! well that's nice! and checking your score won't hurt your credit. oh! i'm so proud of you. well thank you. free at at discover.com/creditscorecard, even if you're not a customer. we'your most extraordinarybut withmoments happenses when you feel small. when you're completely outnumbered, overshadowed, and outshined. so what if you dared to explore this great big beautiful pond. what if you dared to feel small. celebrate our princess anniversary sale with award winning itineraries. 7 day fares from $799. visit your travel agent or princess.com. princess cruises. come back new. (vo) do not go gentle into that good night, old age should burn and rave at close of day; rage, rage against the dying of the light.
6:27 am
do not go gentle into that good night. ♪ ♪ ♪ ♪ shocked by your wireless bill every month? additional fees. tacked on taxes. come on! with t-mobile one, taxes and fees are now included! get 4 lines of unlimited lte data for 40 bucks each. that's right - all unlimited. all in!
6:28 am
and now, for a limited time save more than you pay in taxes on all smartphones. so switch to t-mobile and save hundreds vs. the other guys. it's better than a tax holiday! and it's only at t-mobile. sugar, we're letting you go. what? who's replacing me? splenda naturals? look, she's sweet, she's got natural stevia, no bitter aftertaste and she's calorie-free. so that's it? we made you a cake. with sugar? oh, no. (laughing) so that's it? we made you a cake. abdominayou may have ibs. ask your doctor if non-prescription ibgard is right for you. ibgard calms the angry gut. available at cvs, walgreens and riteaid.
6:29 am
6:30 am
♪ tomorrow's a big day in america, an annual right of passage on which we gather in our homes and family an friends and watch football. historically the day has been a respi respite, a break in our own conflicts of life so as to watch warriors on the gridiron. sure, we would wager against one another and root for our favorite teams but with a sense of camaraderie and celebration. now, politics have permeating a national past time, just as they're showing up in every other aspect of life. you can't buy a cup of coffee at starbucks or get it at uber without thinking about the political post cure of your vendor. and yornt even think of turning on award show unless you're
6:31 am
ready for a political speech. in the nfl colin kaepernick turned the national anthem into a congress song of controversy season. president trump will be interviewed by bill o'reilly on the pre-game show and trump is well-known to be a friend and fan of patriots owner robert kraft, coach bill belichick and quarterback tom brady. when players have a press availability earlier this week there were questions raised about trump and commissioner roger goodell that went curiously missing from the transcripts distributed to the media. vice president mike pence will be in attendance tomorrow. former president george h.w. bush and first lady barbara, both recently released from the hospital will participate in the coin toss. no controversy there. but, lady gaga who supported hillary will be the halftime entertainment. remember at the 2010 mtv video music awards she wore a dress made of meat. so anything can happen. all that not to mention a controversial commercial from
6:32 am
budweiser highlighting the immigration path of founder busch during his journey he's taunting with cries of you don't look like you're from here, go back home, or you're not wanted here. despite a rather timely political message, anheuser busch claims they had no partisan agenda. their vp of marthing said they believed beer should be bipartisan. well, if it is, it's one of the only things left. enjoy the game. joining me now espn's steven a. smith. i remember frazier ali '71 at the garden. i was just a kid. it had a lot of political ramifications to it. do you feel the same way about this game? >> i don't think the game itself has a lot of political ramifications. i just think that went you talk about president trump and his relationship with tom brady, his relationship with owner robert
6:33 am
kraft and bill belichick it's well documented. goodell as well, which is not the greatest relationship in the world. remember that president trump before he ever ran for office wanted to own an nfl team. in particular, the buffalo bills from a few years ago. and that's something that fell through. you have some people who have speculated that's actually what spearheaded trump to run for the presidency, had he ultimately captured an nfl franchise he may not have even run for president. look at it from that perspective, there are certainty ten tackles i'm mating into the world of sport. in the end is it as political 1971 at the time of frazier and ali, some would argue against that, some would argue for it simply because of what's going on. i don't think that as it pertains to this specific weekend that it applies in that regard. >> the nfl seems to be swimming upstream in trying to keep politics far away from houston. and i'm thinking of those transcripts from earlier in the week where they left out reference to trump and goodell.
6:34 am
>> well, it was very, very weak on the part of goodell as far as i'm concerned. it's something that he's been really ducking and running from in the eyes of some people. and i agree. i tend to agree with that. trump has had a lot of things to say. he's had a lot of things to say not just about his relationship with brady, belichick, and kraft but he's had things to say about rouger goodell in the past well documented. roger goodell is about the business of making money for the national football league and we do live the polarizing times right now, no question about it. as a result of that the nfl, which is always about guarding its money, its shield, its brand, doesn't want to do anything to alienate an audience. it's been a rough year for them. if you recall earlier in the season everybody was talking about ratings, whether they were television ratings or the like, looking at the nfl in a way where you found yourself asking questions about as to whether or not the nfl would continue to prosper. even though i thought it was a foolish question at the time and i still think it's a foolish question now. there were some people asking that question. in the end if you're goodell
6:35 am
you're sensitive to all of that, in anything, anything that will remotely create headlines to take away from the on field performances of the atlanta falcons and new england patriots. it's something that he's going to try to avoid. i just think it's a shame considering the history with donald trump in some capacity that he would try to get away with something like that because it came across as incredibly weak again. >> do you think goodell has his fingers and toes crossed for a falcons victory? how awkward would it be for him to present that trophy to kraft? how awkward could it be if brady is the mvp and he's presenting that trophy to brady? >> well, i think it would be very, very awkward. but nothing compared to what it would have been last year even before brady's official four-game suspension handed down. if rouger goodell had to present the trophy to robert kraft and bill belichick and tom brady in the throws of the deplate gate investigation that a lot of people particularly in the massachusetts area felt was bogus it would have been
6:36 am
incredibly awkward. it still would be because, again, tom brady served a four-game suspension this year and then came out after the four-game suspension, dropped 28 touchdown, only threw two interceptions, through over 4300 yards and bona fide candidate. if you're looking eight it from that perspective he shut up the naysayers to some agrdegree but you've got to believe there's a part of him that feels like roger goodell needs to be called to the carpet because his father was saying rouger goodell should be ashamed of his. there's no doubt what the feelings are in the brady household which obviously would make roger goodell very uncomfortable because the folks at foxborough and new england fans everywhere have definitely being asking where is roger. you heard those chants during the afc championship game. >> stephen, help me win money on my prop bets. husband l does lady gaga get political at
6:37 am
halftime? >> yeah. i don't think she can help yourself. i think musicians lef by a different creed. they've got renegade tendencies and they're the type of folks that always are looking for an opportunity to make a statement for whatever cause they vehemently support. lady gaga certainly falls under that category. and it would not surprise me at all if she tried to make a political statement but it also would not surprise me at all if the national football league did everything to incentivize her not to. i think she will give the impression that she will listen but not totally. >> all right. final subject. i know you've seen the budweiser commercial. they say, hey, come on, beer is bipartisan. what did you make of the commercial? >> i definitely thought they were making a statement. i think to say they were making a statement is just spitting in our face, telling us it's raining. they clearly were making a statement against our president and his policies on immigration, building a wall, et cetera, et cetera. they wanted to make sure that
6:38 am
they came across as very inclusionary. that may very well be their conscience and most people may feel a willingness to applaud it. but for me, michael, it all comes down to the almighty dollar. whatever positions you to make the most amount of money is what position you're going to adopt in corporate america. that is my experience covering big business in the world of sports. whatever works for the bottom line is something that you're going to support. and clearly budweiser feels that that's probably the situation in this particular instance and that's why they did the commercial that they did. they can deny it. they might be right. i just don't think so. >> safe travels to houston. you are rocking the turtleneck getting ready for super bowl. thank you, stephen. >> no problem. take care. a lot of reaction already@smerconish. keep the tweets coming. smerconish, i was a diehard brady fan and found out he was
6:39 am
cozy with trump. rooting hard for falcons. politics are everywhere. i've seen polling data only a third of the americans are rooting for pats. i was wondering about that. smerconish, i have never felt more proud to be a canadian. listen, i'm proud to be an american. we have our disagreements here. as frank sinatra said, that's what makes it so much fun trying to fix this country. up next, president trump promised to, quote, totally destroy a 60-year-old irs law which prevents tax exempt organizations including churches from political endorsements. was he just throwing a bone to evangelicals because his daughter and son-in-law made him reverse his anti-lgbt stance? ru, so how can you can get up to $1300 today? at jackson hewitt, you can get an express refund advance - a 0% apr loan. can't get that online! visit jackson hewitt, and you could get up to $1300 today.
6:40 am
when you're close to the people you love, does psoriasis ever get in the way of a touching moment? if you have moderate to severe psoriasis, you can embrace the chance of completely clear skin with taltz. taltz is proven to give you a chance at completely clear skin. with taltz, up to 90% of patients had a significant improvement of their psoriasis plaques. in fact, 4 out of 10 even achieved completely clear skin. do not use if you are allergic to taltz. before starting you should be checked for tuberculosis. taltz may increase your risk of infections and lower your ability to fight them. tell your doctor if you are being treated for an infection or have symptoms. or if you have received a vaccine or plan to. inflammatory bowel disease can happen with taltz. including worsening of symptoms. serious allergic reactions can occur. now's your chance at completely clear skin. just ask your doctor about taltz.
6:41 am
now's your chance at mom,on my car insurance of money by switching to geico. i should take a closer look at geico... you know, geico can help you save money on your homeowners insurance too? great! geico can help insure our mountain chalet! how long have we been sawing this log? um, one hundred and fourteen years. man i thought my arm would be a lot more jacked by now. i'm not even sure this is real wood. there's no butter in this churn. do my tris look okay? take a closer look at geico. great savings. and a whole lot more.
6:42 am
that ride share? you actually rode here on the cloud. did not feel like a cloud... that driverless car? i have seen it all. intel's driving...the future! traffic lights, street lamps. business runs on the cloud... and the cloud runs on intel. ♪ i wonder what the other 2% runs on...(car horn) see me. see me. don't stare at me. see me. see me. see me to know that psoriasis is just something that i have. i'm not contagious. see me to know that... ...i won't stop until i find what works.
6:43 am
discover cosentyx, a different kind of medicine for moderate to severe plaque psoriasis. proven to help the majority of people find clear or almost clear skin. 8 out of 10 people saw 75% skin clearance at 3 months. while the majority saw 90% clearance. do not use if you are allergic to cosentyx. before starting, you should be tested for tuberculosis. an increased risk of infections and lowered ability to fight them may occur... ...tell your doctor if you have an infection or symptoms... ...such as fever, sweats, chills, muscle aches or cough. or if you have received a vaccine or plan to. if you have inflammatory bowel disease, tell your doctor if symptoms develop or worsen. serious allergic reactions may occur. see me. see me. see me. on my way. find clear skin... and a clearer path forward. for a different kind of medicine, ask your dermatologist about cosentyx. is religious freedom under threat? that's what president donald trump claimed this week and he vowed to appeal the johnson amendment, 1954 irs rule that
6:44 am
regulates what tax exempt organizations like churches can do in the political arena. >> i will get rid of and totally destroy the johnson amendment and allow our representatives of faith to speak freely and without fear of retribution. i will do that. remember. >> but today's "new york times" suggests he was really throwing a bone to evangelicals when he said that because they had wanted him to roll back president obama's lgbt protections. the times says trump pulled back an executive order to end those protections after being swayed by his daughter ivanka and her husband jared kushner. so, what's going to happen in this tricky interplay of church and state? joining me now tony perkins, the president of family research council, conservative policy and lobbying organization, and rob boston, director of communications at americans united for separation of church and state and the author of "taking liberties, why religious freedom doesn't give you the
6:45 am
right to tell other people what to do." rob, let me begin with you. back up a step. what's the premise, what's the idea behind giving churches a tax exempt status to begin with? >> it's a long tradition, long custom, goes back to western europe and maybe even the roman empire before that. it's something that the idea is that these are charitable institutions. they are providing something good for society. they are beneficial. that's why they're not supposed to be partisan political. they're providing a benefit. they're politics is not their job. >> in other words, it's a social contract. hey, we want people to do, pun intended, god's work, so we're going to make it's yes for you. we're going to give you a tax exempt status to go out and pursue those endeavors. >> tax exempt is extended the other organizations, artistics societies, literary societies,
6:46 am
various types of advocacy organizations. my own organization is tax exempt. we are not supposed to be telling people they ought to be vote for or against a certain candidate. also restrictions on the lobbying with we can do. there are a lot of controls that come with the benefit of tax exemption because it is a benefit. >> great. so this is a perfect example. your organization, as i understand it, played a role in the immigration ban litigation that i've been talking about throughout the course of the program. if i write a check to your group, i'm getting a tax break, right? but if i write a check to your group and now you get partisan, not a church but your group gets partisan, what of the tax consequence of my donation? >> well, what concerns me about that is it can turn our houses of worship into little political action committees. why would anybody give money directly to a campaign and find that to be not tax exempt when they could give to it a sham non-profit or church and have them launder it and suddenly it's tax exempt?
6:47 am
the dark money aspect of this has not been fully explored. i think it's extremely troubling. we don't want our houses of worship turned into political action committees. in fact, all the polling data on this shows the american people are absolutely against the idea of churches being able to endorse or oppose candidates and being partisan because they don't think that's what churches are for. in fact, the one thing people like about a church or house of worship is that you can get away from the red/blue divide in this country. you can put that aside for a while. to allow the church toes do that would be legally a mistake but affects their basic culture and their function. >> rob boston, thanks for the expertise. we appreciate it. >> thank you. >> that tees up perfectly my next guest. tone my perkins of the conservative lobbying group, the family research council. tony, welcome back. let me ask you about this "times" report today. do you feel that the president came to that prayer breakfast and stressed his desire to get rid of the johnson amendment
6:48 am
because you're not getting what you were looking for from him on the lgbt rollback from president obama? >> not at all. the president talked about this throughout the entire campaign. it was in the republican party platform. i was on the platform committee. actually amended the platform to make clear the repeal in the johnson amendment. by the way, it was reintroduced into congress by the majority whip on wednesday, the day before the prayer breakfast. that's the reason the president mentioned it. it has nothing to do with money being expended on political campaigns. this is about speech. it's about allowing pastors, other religious leaders and organizations to speak freely. yes, on candidates but more importantly about issues. we had 99 churches in 2015, the irs opened investigations on them for various reasons. look, where would this nation be if we did not have ministers like the reverend dr. martin luther king who spoke out on
6:49 am
political issues that were spiritual at their core? >> right. >> and that's what we're talking about here. >> okay. but any religious leader can say whatever he or she wants to say including politically, but you're asking me as an american taxpayer to continue to provide you with a tax exempt status as you do so. i mean, right now i as a taxpayer am supportive of all of the efforts of all of the churches in this country. but if they get political, i don't think it's fair for me as a taxpayer to continue to provide them that benefit. >> it depends. look, we have issues that are inherently moral and spiritual, life, human sexuality, marriage, those are spiritual issues. they've been made political. and so what we have, like we saw in houston a few years ago, where those issues were declared strictly political and pastors had their sermons subpoenaed by government officials. look, these issues predate
6:50 am
government. the church predates government. and longstanding tradition in this country has been until the 1950s when the johnson amendment was added, was that pastors and churches can speak freely. this goes back to the a pos stale paul or peter and john who said, look, you're not going to regulate what we say. we're accountable to god, not to some government bureaucrat. >> . . . . >> final point. i don't know it says this in the good book. be careful what you wish for. has it determined that in a case like this, you could be outplanked by liberal churches and liberal nonprofits who then get politically energized? >> i have defended liberal churches right to speak when george w. bush's administration. i believe in the freedom of the pulpit to speak what it declares biblical, no matter it is left or right. >> i agree with you. i believe in the ability of anybody to speak their he was.
6:51 am
whether i as a taxpayer should be subsidizing it is a different question. i appreciate your being here. >> all right, michael. have a great day. >> still to come. your best and worst tweets. hit me, katherine. what do you got? >> smerconish, you are an asshole you only respond to tweets that align with you. trump is right and you are too stupid to realize it. rsvp. hey, lynn, i think i just did. have you noticed on balance, the tweets that get put on the screen are not the ones that kiss my -- well, the word you just used.
6:52 am
6:53 am
6:54 am
6:55 am
you can follow me on twitter if you can spell smerconish. what do we got? smerconish, a bunch of lib college presidents don't like what trump does. here's my shocked face.
6:56 am
>> 17,000 students were caught in the switches on that, 12,000 plus from iran. those 17,000 are the best ambassadors we have. to jam them up is a big mistake. >> buzz wiser says beer should be bipartisan. that's why i switched from yuengling. they rb rubbed my nose in their par continue san ship. >> give me a pale ale that's hoppy and i don't care about the partisanship. >> expect trump to tweet during super bowl. he can't stand any show that gets better ratings than him. >> so sad. >> sad is a word he would probably use. >> thanks for watching. next friday night, back into people time at 9:00 p.m. circle that on your calendar and i will see you then. we're told to live large, but with princess cruises
6:57 am
your most extraordinary moments happen when you feel small. when you're completely outnumbered, overshadowed, and outshined. so what if you dared to explore this great big beautiful pond. what if you dared to feel small. celebrate our princess anniversary sale with award winning itineraries. 7 day fares from $799. visit your travel agent or princess.com. princess cruises. come back new. (vo) do not go gentle into that good night, old age should burn and rave at close of day; rage, rage against the dying of the light. do not go gentle into that good night. ♪
6:58 am
♪ ♪ ♪
6:59 am
7:00 am