that's not the only comment that is offending some. >> do you respect putin? >> i do respect him? >> why? >> because i respect a lot of people, but that doesn't i will get along with him. he's a leader of his country, and -- >> he's a killer, though. putin is a killer? >> there's a lot of killers. you think our country is so innocent? let's go back to the legal fight. laura, explain what happened overnight. >> good morning. the u.s. justice department filed an emergency motion in the ninth circuit court of appeals just after midnight and they were asking to essentially press pause on the seattle judge's decision that temporarily halted the enforcement of several key

provisions of president trump's executive orders, but just three hours later the ninth circuit said no. the federal court of appeals has denied the u.s. justice department's emergency request, and in a short order just early this morning instead the court of appeals is asking both sides to file legal briefs before it will make a decision on the emergency ruling, and what this means is the federal ruling in seattle that saw spepbuspended will remain in place for now. >> for now. >> for now. and then let's bring in tkada danny cevallos, and mrs. stern. what evidence does the department of justice and president trump, what evidence

did they need to make their argument successful? >> they had a very high level burden, and to understand we had to take a bit of a step back and understand what exactly is happening here. i mean, when you put it in perspective, there has been no adjudication on the merits. the fact that the white house administration and the department of justice did not get a restraining order on the restraining order, and it doesn't mean they lose. if you take -- if you go back to the district court, that was not an adjudication on the merits, and that was a hitting the pause button on the injunction, and so these briefs that are filed, none of them are truly being ruled upon because all the appeal's court is deciding is whether or not to stay the stay

at the lower court level. we are far away from the actual hearing on the merits. >> jessica, what would you expect to be in the briefs that the washington attorney generals will submit? >> this appeal process is going to involve really what the emergency is at this state, because the reason why the federal court issues the halt on the ban in the first place is because the state of washington showed that right now immediately there is an affect on people who are being banned into the country and how that affects the state of washington. but the issue is going to be whether or not the government can show that it, in fact, has an immediate harm and that the country will face an immediate harm if this restraining order is not restrained from enforcement. it's tricky because it's moving so fast and the reason why we are following this so closely is

because it has such an immediate imprabgt on people's lives, and the government will have to show that instead the harm the country faces by not being able to exclude certain people is equally at wreus risk or more s. >> i want to ask you, danny, about something in the department of justice appeal. they are essentially arguing that, look, there's classified information out there that we can't share to you to prove what we are saying about dangerous people come into the country. how do you counter that? >> it's a compelling argument because you can anticipate the state of washington saying this information isn't part of the record at the district court level, so whatever this classified information is is sort of a last-minute effort to get a stay on the district

court's stay. i think the state of washington will stick to its main arguments, which without addressing necessarily too strongly the argument of national security, they will stick to their guns of the equal protection clause and the establishment clause and the due process. these are all constitutional claims in addition to federal stat statutory claims, and they did persuade that judge to believe, the plaintiffs, the state of washington had a substantial likelihood of success, and it's just a pause on the state of affairs. >> so laura, because it's a pause on the state of affairs, and because as we understand it, they are asking for these briefs by monday afternoon, is it safe to assume that people are free

to travel at least up until that point? >> that's at least what we are understanding from the advocates representing people getting on planes right now, and we saw a flury of e-mails going out yesterday from advocacy groups saying if you have a legal authorization to be here you should get on a plane right now is what we heard from advocacy groups. there's still a new york court order in federal district court there that adds an extra layer of protection, so if somebody came over right now and landed at jfk, they can't be deported under that court's order. >> let me ask you this, then, and i'm going to send this to you, jessica. if somebody flies into the country, and everything turns around, will they be forced -- how safe are they at the end of

the day? if somebody is able to fly into the u.s. during this window, and even when something is decided in the courts, will those people, because they are here, be able to stay based on the visas they were initially submitted? >> some may, and some may not. that was a large part of the government's argument in their brief filed late last night, is the government -- the executive branch does have the -- really have the supreme authority on deciding who can enter the country and who cannot. ultimately if there's a decision that their visa is cancelled, there's no judicial review of that usually unless there's some other constitutional violation involved which is the basis of what we are talking about today. so some people may not have enough of a permission for being

here in the united states that's strong enough for some sort of judicial protection, if it was maybe a temporary entry into the u.s., but if people have more long-term residence here in the u.s., or if they had already been admitted prior to this time they are on the plane, the constitution applies to them if they had previously been admitted on that visa. some people may and some may not. >> i want to listen to the thoughts of one law professor because he says it's all a sticky situation. let's listen. >> what's odd is for a stay to be granted so quickly based on so superficial an opinion. the judge's opinion in this case from washington is extremely superficial and doesn't go into the merits of the constitutional issues very well. he made a statement from the bench saying that this doesn't protect us at all, and that's

not the job of the judge, and we are seeing over broad generalizations from the president and the judge. this is not the finest hour of american legal history from any point of view. >> what is your reaction to that, danny? >> it's hard to disagree with the professor. we are on the same program when he made some of his comments -- and one of the things in the absence of the opinion in washington, and i think that's problematic. but on the other hand, you know, that judge probably was thinking, look, it's not my job in deciding a tro to decide the merits, therefore my job is limited, i am to find if there's a substantial likelihood of success and he did that, and the problem going forward is it doesn't give us a whole lot of

guidance at the ninth circuit level or going forward about which constitutional or statutory claims were persuasive and which were not, so the courts reviewing this will be doing so in a way with fresh eyes, although they have to give deference to the lower court's decision. >> looking ahead, what do you expect? >> i think we should see some legal filings later tonight, and the court of appeals has ruled that the state attorney general in washington is going to have to submit a brief at 11:59, so it will be another whirlwind for us, and on the following day, monday, we will see a brief from the united states government again explaining its reasoning, and then there will likely be a hearing held by the ninth circuit. >> jessica, last thoughts? >> we are in an interesting time where our president and the courts are in active disagreements and we will see ultimately how the separation of

powers is respected in our country and where we are headed next. >> thank you all so much for being here. we appreciate it. so we have learned from that conversation it's too soon to claim a legal victory by one side or the other, but what about a political victory? our political reporters and insiders are coming up next. (vo) maybe it was here, when you hit 300,000 miles. or here, when you walked away without a scratch. maybe it was all the times it got you safely out there. or all the times it got you out of there. maybe it was the day your baby came home. or maybe the day you realized your baby

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we're following the breaking news this morning, the appeals court denied the justice department's initial request to immediately restore the president's travel ban, and that means the president's travel ban will remain blocked for now. the ninth circuit court of appeals asked both sides to file

more information by 11:59 tonight, to respond and then by 3:00 p.m. on monday for the doj to offer support to lift the block of the travel ban. let's discuss this now. i will bring in sarah westwood, white house correspondent with the "washington examiner." >> i want to go to you, sarah, and with the question that i ended the last segment with, and too early to determine if there's a legal victory here. is there a political victory for one side or the other? >> this does seem like a situation where the trump administration has lost the battle but they could still win the war. clearly this is not an ideal situation for the trump administration because every day

that this executive order remains in legal limbo, the white house is losing ground politically. their credibility is being eroded, to make the argument this is a lawful act. even if a judge takes their side three weeks down the road, that's a lot of time the order remained in limbo, and democrats and the opposition have the upper hand in arguing that their argument that the order oversteps the authority of the president and is unconstitutional. >> this gives sort of a political victory to president trump because it reinforced the theme that was played in the campaign trail n. which a lot of republicans talk about which is the idea that there are activist judges on the bench with the appointment of the new supreme court justice who is more in line with the type of judge that

justice scalia was, it helps the president and the president's agenda by saying, look, there are judges out there that are overreaching, and this is this should have been limited to the states who brought the suit and not the nation, and there's a judge that is acting broadly and outside of the scope and we have to put an end to this type of judicial activism by appointing judges who are strict constructionist. so it's a victory in the sense of the political aspects of politics versus the judicial branch. >> scott? >> victor, you know there are no political victories in the law, if you will. as you know, i'm a lawyer. the activist judges, that's interesting that paris would bring that up because anthony scalia was one of the most activist out there whether he was a strict constructionist or not, and the skwrajudiciary wil the buffer now, and maybe the

politics isn't democrat or republican responses to the travel ban, but it will be judiciary in pushing back on the a activis activist, and the ninth circuit rejected in the immediate restoration to it because they want more briefing. it doesn't look good for the trump administration, but watch this go to the supreme court. remember, we still only have eight justices. this will carry over on one political victory at this point. >> let's put up graphic number three, guys. i want to read to you from the doj's appeal and they are asking to immediately block this pause on the ban, and they write this, unlike the president, courts do not have access to classified

information about the threat posed by terrorists organizations operating in particular organizations, and the efforts of those organizations to infiltrate the united states or the gaps in the vetting process, so this judge could not have made a correct decision because the unknown of unknowns, he doesn't know what he doesn't know about these countries? >> but the judiciary system operates on the facts and the law, and if there's a threat the government has to show an immediate threat and harm if you don't have the travel ban in place. none of the countries banned have had individuals that caused harm to u.s. citizens here, one, and more importantly, and because there's no imminent harm

there, the government will not be able to show the results there, unless you go in a review of the national security issues, and the government put this ban in place and they have to own it and defend it because right now it's indefensible according to the most recent federal judge's decisions. one other thing about donald trump, he is attack these judges and that's going to be a problem because he is attacking the judicial independence and the supreme court is not going to like any of that. >> we will continue the conversation on the other side of this break. and donald trump praising putin in a new interview, and we'll talk about that in a moment. ir . any questions? -yeah. -how do you go to the bathroom? great. any insurance-related questions? -mm-hmm. -do you have a girlfriend? uh, i'm actually focusing on my career right now,

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our panel is back on the breaking news. we have sarah westwood, and scott boldin and paris. listen to part of my conversation with pennsylvania republican congressman about the executive order about the travel ban. >> the threats can come from anywhere, not just the seven countries, and there are problems in the seven countries and others that we have to contend with. let's take a broader perspective, and the ban was overly broad and not properly vetted. >> we have seen there were protests yesterday near the home of the speaker of the house, paul ryan. what are you expecting will be the response as this protracted

fight as the executive orders continues? >> there will always be a difference of opinion. we are not a phaupb hreutic group so you will have republicans that may disagree with the tactics or the rollout of certain things just like there were those that did not like the rollout of obamacare, and we will let the judicial system run its course and at the end of the day i believe republicans are unified in the intent behind the temporary restriction which were the seven countries identified by the past administration and the congress and that the president has been given broad authority through -- by congress to do things such as this temporarily restriction, so they understand that, and i think that is why the republicans are going to, at the end of the day, support what is going on but may disagree with some of the tactics and the rollout of the measure. >> it's noteworthy this is happening so early in the

president's administration, and we are just about two weeks in now. sarah, to you, what do you make in the claim to the doj appeal that the president has unreviewable authority in this area? >> he has national security issues and immigration issues, and president obama had dapa blocked by a supreme court, and 26 states challenged that order compared to just five challenging trump's order, and you are right this is happening so early in trump's administration, and political temperatures are so much higher, and democrats are viscerally opposed to this order, and you are seeing this all around the world that peoples' issues are

high on this order, and it's having a larger political affect. >> let's shift to another story here. i want you to listen to president trump in a new interview with fox news. let's watch. >> do you respect putin? >> i do respect him because -- >> why? >> i respect a lot of people but does not mean i will get along with him. he's a leader of his country, and will i get along with him, i have no idea. >> putin is a killer, though? >> there's a lot of killers. you think our country is so innocent? >> scott, when you hear that, you think what? >> i think he is legitimizing and rationalizing killers and comparing america to russia whereby russia and putin are verifiable killers, and this is the commander-in-chief and he is

supposed to be defending america and he is comparing america to putin and his bad acts over the years that have been verified. >> paris, when you hear that, and senator mccain has called putin a killer and a thug, i don't expect the senator would have then soon said we have killers, too. >> with all do respect with the defender, he's not the president of the united states, and what i heard was the president trying to be as diplomatic as he can in engaging with world leaders. he's trying to restore a relationship with russia, and he's trying to restore the credibility of our country across the world, and i think what happens is the media and some of these anchors like bill

o'reilly are trying to needle the president to get him to say something that is going to go against any type of world leader to derail his diplomacy. i believe his response was one of him trying to be as diplomatic as possible acknowledging the fact that yes, you can call putin, quote, a killer, which is a broad statement without any facts or proof or specific reference, and say, you know, there are actually killers in this country as well, so you cannot cast the first stone. look at the needle in my eye before you go pluck it out of his eye. >> who are the killers in america? donald trump wants to drive this narrative and you want to blame the media and others and the democrats. we have verified information that putin is a killer and thug. what are you talking about? this is the danger of the trump

presidency and the danger of trump supporters that defend this nonsense when you compare russia and the bad acts -- >> no, it was a directive -- it was a direct statement about putin and not the entire country and it was about putin being a killer and he said there are killers in the country, and there was a difference. he was not saying that all of america as a country are killers. >> we can't hear both of you at the same time. >> thank you all. >> thank you. we are following breaking news this morning. we have heard from the ninth circuit court and the president's travel ban is still blocked, at least for the time being. what is next in this legal battle over this controversial executive order. we will explain that.

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it's so good to have your country, and i'm christi paul. >> and i am victor blackwell. >> here's what we understand, the ban is still in place and intact, at least for the time being, and overnight the court of appeals asked both sides, both washington attorneys general and the department of

justice to file briefings on the court, and we want to get an analysis on the ruling from jessica stern, criminal and immigration defense attorney, and danny, first of all, what has happened overnight, where does it stand -- where do things stand for people trying to get into this country right now? >> well, in the court, the stay on the travel ban stays exactly where it is. it seems if you are going to travel, now is the moment because things are changing by the hour. these briefs were filed and the motion was denied overnight, and people are waking up to find that significant developments have happened in the last few hours, so there's always the possibility that somebody could get on a plane and things could change while they are mid flight and the nation is in a different status when they land, and given

the appellant court denied the motion for the immediate stay, and at least for the next few days or so the status quo will probably be maintained. >> jessica, do you see this expanding all the way to the supreme court when all is said and done? >> it most likely will. we are dealing with issues of constitutionality and separation of powers and whether or not the executive branch can issue such limiting and restrictive orders on peoples' ability to travel and come to the united states, and so very likely this will be decided by the supreme court, especially because there are so many different circuits that have had conflicting orders, as we have seen. >> we are seeing something here that we obviously have never seen before, a president tweeting in the last 23 hours, i believe -- 22 or 23 hours,

president trump has tweeted no less than ten times, most of the tweets about this and most of them despairing the judge in this case, calling him a so-called judge, and we have a statement about patrick leahy. danny, do these tweets have any repercussions for the president or is it just how things are done in his administration? >> it seems that -- i mean, this is a preview -- this is exactly how things are done, but it concerns me because what the president says has a lot of meaning, and it has more meaning than when mr. trump was president-elect or candidate, because it's the executive branch, and when you call an article 3 judge a so-called judge, that's a judge dually appointed for life and for that

reason to call him a so-called trump, and i imagine trump would say he's being grip, and at the same time when you are the president those words have a lot of significance and calls into question that this judge is a validly appointed judge, which by all indications, he is. >> let's talk about people getting on planes and coming here in this window of opportunity, i guess we would call it, and i know you have been able to clarify for us, most likely will last until monday afternoon when briefs are from the entities here, and this is what they are saying, jessica, we encourage all travelers from the seven affected countries to rebook travel to the united states immediately while the stay in executive order remains in place and visas are valid.

would you give that same guidance to somebody holding a valid visa and wants to come to the united states to get on that plane now, and how safe are they from being deported once they get here, and this moves forward, the legalities of it, and things might change? >> i would advice if a person has a visa to get on a plane and come to the united states now. it's important to remember the people that have been affected in this last week are people who have had their visas approved in a period of time prior to now. these are not people who are going to the consulate and u.s. embassy applying for the first time, and those who have came have been vetted and their travel plans and ability to

enter the united states is what is affected at this point, and many of these people have been admitted to the united states and may have been away on temporary travel and have been restricted from coming back in, and it's important to get back to their lives and the reasons why their visas were granted in the first place. >> some are not just rskwrujust but tourists and others. >> we just received the u.s. embassy official in baghdad that the united states has determined it's in the, quote, national interest of the country to allow iraqi special immigrant visa holders to travel into the united states. if you don't know what those are, those are issued to iraqis who worked with the united states government or the military as translators or

interpreters, and you will remember, since the signing of the executive order, even people in washington who supported the merits of the executive order questioned why there was no exception issued for those people who worked with the government. so now even as the government continues to argue that this ban should be put in place, there will be this exception in the national interests, the words they use here, for those holders of the iraqi special immigrant visas, and 50 of those are given out per year. as we get more we will give it to you. a quick break and we'll be back. there's a denture adhesive that holds strong until evening.

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time for kickoff of super bowl li. >> and andy is ready for the whole thing, and in a sense, matt ryan already won in a sense, and i know he will talk about that. good morning, andy. >> reporter: good morning, guys. that's not the trophy matt ryan wants. it's a beautiful morning in houston -- actually, i'm kidding. it's rainy and gloomy and thunderstorms all day, but lucky for us the stadium has a nice roof on it so the game will not be affected whatsoever. the story of this super bowl is two different stories, and you have one last walk through, and you see brady with giselle by his side inside the stadium, and later on instagram, brady

posting this picture with his dad and him kissing his mom, and his mom is in houston and earlier this week, brady and ryan spoke about what it would mean to them to win the super bowl. >> i think it's special. it this year. the fact that i have been able to do it before means i have been part of really great teams and this is one of the team that wants to finish the job. >> this is what you dream about as a kid, playing in a -- playing in this game and winning this game. that's where your thoughts are when you are in your backyard and you are 10 years old and playing with your brothers. >> reporter: and matt ryan was named this seasons mvp award, and since 2000, mvp's are 0-7 in

the super bowl, so we will see if the falcons can stop that trend later today. it's set for 6:30 eastern. i have asked people all week long, who you got, and i stopped by the 30th annual super bowl party yesterday to get expert picks. >> who do you have on sunday? >> the patriots. >> i like atlanta. >> i think the best quarterback will win, whoever plays the best. >> i think it's a 45-43 game. >> you are not leaning either way? >> no. >> given belichick two weeks to prepare against a defense is not really fair. >> i will go with the falcons that. >> who gets gold? >> i don't know. i don't want to say because it's mean. >> i had a lot more patriots this week than falcons, but one better put $1.1 million that the

falcons would cover the three-point spread, so for their sake, root for the falcons. >> a million dollars. all right. 1.1. >> all right. andy, thank you so much. up next on your "new day," "snl"'s alec baldwin is back with his impersonation of trump. >> and then steve bannon at his side tag teaming calls with foreign leaders. (vo) data plans aren't one size fits all. and since most people use less than 5 gigs, the last thing you want is to end up paying for data you don't use. now verizon introduces the one plan that's right for you. switch, and for just $55 get 5 gigs on america's best network. that's the right amount of data at a great price. plus, get our best moto droids for $15 a month or less.

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you know, when we are on this shift and getting up at 2:00 in the morning, we miss it, and maybe you did too because you are out and about, and alec baldwin was back. >> and bannon was portrayed as the grim reaper by your side, but melissa played sean spicer, the press secretary appears to lose his mind on members of the press. brian, i look at this melissa mccar thank you impersonation, and she reminds me of charlie brown, but she's doing a good sean spicer. >> i don't know who thought of this to bring on melissa mccarthy, but this is the first

time they portrayed sean spicer since the trump administration took over, and some who studied this show for decades said this could be the best political sketch "snl" has ever had. >> before we begin, i know myself and the president -- all right all right! in the sense and i said rocky start, i made it in a sense of "rocky," the movie, and also in the sense i don't talk so good. i want to begin today by apologizing on behalf of you to me. how you have treated me these past two weeks, and an apology is not accepted. >> when i read it with her, i thought how are they going to do that? >> chewing gum and taking names.

>> "snl" is going for broke. these left-leaning writers for sure have a lot to say about trump, and alec baldwin was back playing trump, and there's a play on bannon. >> maybe you should call germany. >> okay. >> hello, is this my sweet barack -- obama, i have missed you. >> no, it's donald trump. >> oh, gross. hi, donald. are all of your people still protesting? >> yes, everybody is marching in the street, and they are so upset about how bad "the apprentice" has gotten, and pretty close for that joke, and "snl" continues to mime the

president's tweets and also a joke about australia, saying australia sucks and your reef is failing, and steve bannon has talked about -- joked about being darth vader, and he played up the idea that he's a darth vader character, like dick cheney 15 years ago, so there's some element of that "snl" is taking to the next level by having the skel tore out there. >> melissa mccarthy was so fantastic. i don't know what she doesn't do well. and alec baldwin, for a time people thought this could be short-lived, but maybe not so much? >> yeah, it was for the debates, and the idea was maybe after november it wouldn't be much use for a trump character, and of course baldwin was surprised by the election results, and this

satire show which is tough on republicans more than democrats, and i think we will see mccarthy return later this season. >> brian stelter tur, thank you so much. we appreciate you keeping us company this early in the morning. >> we have a lot more ahead in the next hour of your "new day," and new details and fresh analysis after a quick break. w. make sure the germs they bring home don't stick around. use clorox disinfecting products. because no one kills germs better than clorox. we'vand here...here. and here. the answer is 8. bottom line, life is hard. that's why godaddy created website builder...

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i am christi paul. >> i am victor blackwell. breaking news, no travel ban for right now. >> instead the court wants both sides, the washington attorneys general and the trump administration to file legal briefs before making any final decisions on this. and the government as we know is arguing the ban should be in place, and they are saying that it is in the national interests, their phrase, of the cup treeou and those special visas for translators or interpreters, and there was no questions why there was no exception put in place for those, and even as they argue as the