american football. they just -- tom brady is the best quarterback. >> ever. >> welcome to viewers in the united states and around the world. this is "new day." monday, february 6th. 6:00 in the morning in new york. so who will decide what happens with travel to america? the courts one court stops the travel ban. another refused to undo the order now. the justice department does have 12 hours to put in defense why the travel ban makes the america safe. the law could go either way. >> president trump on twitter is going after the federal judge that temporarily halted the ban suggesting that americans should blame him if something bad were to happen. the president also making news in a big super bowl interview. it's day 18 of the trump presidency. let's begin our coverage.

hi, jessica. >> good morning, allison. president trump's tweets were relentless this weekend. they range from defiant to derogatory and also target that federal judge out in seattle but the entire judicial process. >> mr. trump launch ago tacks against the judge that temporarily halted his travel ban accusing the judge of opening up the country to potential terrorists even suggesting americans should blame the judge and court system if something happens. all of this after alling him a so-called judge when the ruling was handed down on friday. >> the president of the united states has every right to criticize the other two branches of government. >> defending the president's tirade against the judiciary and saying the white house believes the ruling will be overturned. >> we're confident the president is operating within his

authority as president. >> this intensifying legal battle comes as president trump faces criticism from comments he made in an interview. equating it with russian president putin's regime. >> do you respect putin. >> i do. >> why. >> i respect a lot of people. >> putin is a killer. >> we have a lot of killers. do you think our country is so innocent. >> putin is a former kgb agent. he's a thug. i don't think there's any equivalency between the way the russians conduct themselves and the way the united states does. >> there is no moral equivalency between the united states of america and the murderous thugs that are in putin's defense. >> president trump also announcing that vice president pence will head a commission to investigate voter irregularities but providing no proof that

millions voted illegally despite repeated claims. >> you take a look at the registration. you have illegals, you have dead people it's a bad situation. it is. >> the timetable to replace obamacare could take longer than promised. >> i would like to say by the end of the year, we should have something within the year and the following year. >> president trump spending the weekend at his state. a little bit later this morning. he'll make his way here to tampa to mechancdill air force base. he will receive a briefing and then sit down to lunch with the service members here before making remarks to coalition reps and u.s. commanders. >> thank you for bringing us all of that. and unleash chaos again.

the justice department now has 12 hours to defend the president's order. outside of the ninth circuit. >> the ninth circuit has to decide whether or not to keep this suspension in place. the next step in this process is for both sides to file their legal briefs and the states of minnesota and washington have already done so and argued it would unleash chaos if this ban was restored and if the federal government has until 6:00 p.m. eastern time to make their position. in addition to all of this you have a lot of other parties sort of weighing in. you have nearly 100 technology companies. they filed a brief saying this ban was unconstitutional. and you also have this unprecedented move now by former federal government officials ranging from leon saying they're not afraid of any specific

threat around the world that would justify this ban. and they can decide whether or not they have a hearing. they could have a hearing done by person or by phone or they could simply rule. we don't know what they're going to decide but the bottom line here is everyone seems to think this is one step in the process. >> back to you. >> good reporting on this. no guarentee that they would take this by the way. let's discuss. cnn political director kept it simple everybody has to have the same name this morning. let's put up the next steps to get everybody's head around

today. that's why there's a new round of briefing called by both sides of this litigation. the brief people are talk about having come in from all of these former government officials has no legal effect it's just advisory for the court. so all the arguments get in today at 6:00 p.m. eastern time. the judges are going to decide, in bench, all three of them are going to hear this. they're going to decide whether they're read do rule, they need a hearing, or it's going to go away. that will be the big moment to see what they do. if there's a hearing that's going to be very impressive. what's at stake? >> the order itself is at stake. the very question about how much authority the president has, that's in him to determine who comes in and out of the constitution and determine a national security threat and that's why this could of course be decided by the supreme court. that could take as long as months. if they get involved and the

fate of the order in the interim is the real question since this was never really organized on implementation. the president knew, the white house knew presumably that they were testing the bounds of that presidential authority. most time they're differential. here it's being tested. >> do you get the sense that it's been a rid of a rude awakening. it's been the king of the trump organization for decades and now he's confronting the checks and balances of the american democracy. >> what we learned is to watch them try to rush things through to make good on campaign promises and make sure that you have checks and balances between

the judicial branch and congressional branch but you have a sprawling executive branch bureaucracy and make sure that all of your ducks in a row. this order didn't quite work. there's legal ramifications but as we now know the white house didn't communicate with the executive agencies charged with carrying this out. that lead to indecision and chaos as to how it was supposed to work and even though those sorts of things are not supposed to matter when you go before a court, when there's an argument the executive branch doesn't know who they're doing. >> just disability of this case whether they're standing, whether the court will check all of the boxes it needs to to review the case is up in the air. it's not an easy call but politically how did it play for the president so far, especially

with his comments. is it written off the way the vice president wants it to be. he is allowed to criticize other branches of government. that's all it is. >> mike pence was playing the role again of what president trump meant to say was he wasn't just criticizing the ruling. he was calling this judge a so-called judge. clearly he was trying to attack the judge personally as well and we've seen this before in donald trump's track record. as a way we saw him operate in this business. one advantage he has now is marshalling his army of supporters to see his way of thinking of it even if it's not within the bounds of tradition. i think donald trump's potential problem here is that it's one thing to have his army of supporters but when he stops crossing the line where is his

own party in washington, congressional officials on the republican side start questioning whether or not he's stepping out of bounds where his vice president has to go out and say he's just questioning the ruling i think it shows that donald trump is not fully comfortable yet in how he interacts with the other branches. >> and david gregory, because it is going to the court system and may go as high as the supreme court, all of mr. trump's tweets become part of the record. and could end up hurting him. here's one tweet that is significant. just could not believe a judge put a country in such peril. if something bad happens blame him. people pouring in bad. of course people are not just pouring in. unchecked. that's not our system. but what do his tweets mean. >> he sounds like an old man sitting on his porch yelling at

somebody to get off his lawn. that's just the reality. we'll do well to start separating his rants as president of the united states from the action the administration is taken. now you've had in the first 18 days successive weekend where is he has completely derailed what his administration is trying to do with a personal indulgence by attacking people personally, launching an attack on the separations of powers but what it really comes down to this is this obsession with himself and that's going to start to wear thin. >> all right. stand by please. we have many more questions for you but we have to get to this big news. the new england patriots pulling off a wild and historic win to become super bowl champions. tom brady is the first quarterback to win five super bowls. live in houston with all the highlights. >> how are you feeling?

>> wiping my tears away this morning. not feeling good at all but i'll talk about the positive. tom brady is the greatest of all time. a fifth super bowl title more than any quarterback in nfl history. it wasn't just what he did. it's how he did it. they were down 28-20 the patriots were in the fourth quarter. two minutes to go and julian would go houdini pulling arab bit out of a hat. how does he catch this? i don't know. watch it again in slomo. this is incredible. but tom would then have to go for two. they score a touchdown but still have to go for two to tie it. tom would find danny amendola that runs into a wall of humanity but fights that across the line. so we go to the first ever super bowl overtime. this is the moment the pats would claim victory. james white on the toss around the edge. capping off the greatest come back in super bowl history.

they were down by 25 points at one point in this game. no team had ever come back from being down by 10. brady was overcome we motion after the game. heres brady letting out those emotions and some answers from some big named folks i spoke with moments after the game about tom brady. >> thank you to all our fans. everyone back in boston, new england, we love you. you have been with us all year. we're bringing this sucker home. >> i think what happened the first four games engaged fans even more because they know we weren't treated fairly and now we had a chance to go through the year and i think results speak for themselves. >> he always steps up and plays unbelievable. to bring that back is just unbelievable. >> brady is the best ever and belichick is too. >> well said gronkowski.

one crazy note after the game brady's jersey is stolen. it is gone. he said afterwards i'm sure it's going to show up on ebay but oh my goodness the most incredible come back in super bowl history by the greatest quarterback of all time. >> the jersey is missing says coy wire with an unusually puffy sports coat. you're looking a little puffed up today. is there anything in your coat you want to show us. >> i don't have the jersey you better check that story. great game. thanks for bringing it to us. >> coming up we're going to talk live with the running back that did it not on the first effort but the second. james white scored the game winning touchdown. that's a moment he'll have for the rest of his life and he'll share it with all of us. >> president trump claiming once again that millions of people

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millions of people voted illegally. >> has to do with the

registration and when you look at the registration and you see dead people that have voted. when you see people that are registered in two states that voted in two states, when you see other things, when you see illegals and people that are not citizens and they're on the registration rolls, look, we can be babies but you take a look at the registration, you have illegals and dead people, and this, it's a really bad situation. >> let's bring back our panel for fact checking. i'll begin with you. president trump doesn't draw the distinction between problems with voter registration and voter fraud. there might be voter registration fraud where somebody is registered in a couple of different places as is mr. trump's own senior staff but dead people, it's very hard for dead people to vote and he doesn't seem to recognize that. >> you have to be uniquely

motivated. >> yeah. >> very in tuned ears and you can hear his administration officials when they talk about this really have been focussing on this issue of registration. that is not what donald trump has been harping on. he muddied the waters after that with bill o'reilly. he was telling them to move away from the totally unsubstantiated claim that illegal votes were cast. there's zero evidence of that whatsoever. you hear sean spicer from the podium. and talking about the registration rolls and if that, indeed is this blue panel commission now headed by mike pence that donald trump is going to put together if that's what they're looking and cleaning up the registration rolls.

>> everybody knows there's problem with the system. mitch mcconnell came out and put it the right way. don't spend federal money on this. let the states figure it out because that's what runs on the election process at the level where we're seeing the problem. o'reilly let the president waveway the suggestion. so you really think 3 million people -- forget about that. let's go to registration and he let it happen. o'reilly has to focus on bigger problems. he has the kremlin insist he apologize for calling vladimir putin a killer. this seems to be the biggest exchange of the interview. >> do you respect putin? >> do you? why. >> i respect a lot of people but that doesn't mean i'm going to get along with him. he's a leader of his country. i say it's better to get along with russia than not. >> putin is a killer. >> a lot of killers. you think our country is so innocent? you think our country is so

innocent. >> i don't know of any government leaders that are killers in america. >> take a look at what we've done too. we made a lot of mistakes. >> did you hear david gregory to your ear the president of the united states putting the united states on par with the action of putin and other bad factors in the world. >> that's exactly what he was doing. this continued flirtation with putin, it seems to me at one level that the president doesn't want to give into the news media, to his critics that would like him to take a different line with putin. he probably harbors some desire to pull off some deal with putin that's in america's interest that would make the president look good. but it's so undisciplined and so untrue to start comparing america and our system to russia's system or to russia's leaders and it's embarrassingly

so to the republican party who had to go out there and disagree so publicly with the president and this is another issue where the white house is either maybe not competent enough to reign him in or they have no ability to reign the president in. both of chi think is going to be a concern to supporters and republicans and opponents to the president. >> i heard something different in that statement for years fox news had a favorite expression when somebody like president obama was seen as criticizing the united states. they call them the hate america first crowd and they applied that liberally to people that criticized america and they did it on bill o'reilly's show. hate america first was an expression on bill o'reilly's show and the idea that bill o'reilly let president trump put the u.s. on par with putin and say we're killers too, we made a lot of mistakes. that would have been called hate

america first. >> i think what's interesting here is that donald trump now is the united states. he's talking about the u.s. in the third -- as though it's this other entity. he's now the president of the united states. we just had a raid in yemen where we were going after some very bad people. there was collateral damage and to take donald trump's standard you could apply that to a raid that he okayed because some people got killed that we didn't intend to. first of all he has to get used to the fact that he is the president and he is now part of this story and he's not just a guy criticizing the government for things it does wrong. the other thing here though and we have talked about this a lot. we want to get along with moscow. they're a major power and they have nuclear weapons but the question needs to be asked by the administration do we want them to get along with us on our terms? and what seems to be going on here is the desire for a new russian reset. that's a mistake president obama

made and a mistake george w. bush made on his terms and now a mistake that mr. trump has maken. >> the time line for replacement. obviously extended. >> i heard a president trump that's trying to reset expectations for the american public and he can repeal obamacare on day one of his administration. we now hear a president say maybe even to next year and republicans on capitol hill trying to explain their rhetoric and here's the reality. in 2010 republicans won a house majority in 2014 they won a senate majority and in 2016 they won the white house largely on the promise to their voters that this bill would be repealed and replaced and would be done so quickly. i think you're seeing

republicans in a bit of a mind right now because of how complicated the health care system is trying to unwind from obamacare. it's far hardener reality than in campaign trail rhetoric. >> thank you very much. a new poll revealing how americans feel about president trump two weeks into his term. he'll walk us through the historic numbers. >> plus the white house press secretary gets the snl treatment. what did sean spicer think of melissa mccarthy? we'll tell you. (vo) this is not a video game.

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53% disapprove. there's no honeymoon here for donald trump. look at that 44% number through history. how it compares to all the previous presidents. look at these honeymoons they had. president trump no honeymoon whatsoever. and oppose the travel ban 47% in favor and 47% by party. 46% of independents. 88% of republicans where you sit is how you see the travel ban issue and then the supreme court. he nominated gorsuch last week. 49% of the country does believe gorsuch should be confirmed. this is about where they were

when those presidents first rolled out those justices. >> very interesting david. appreciate it. >> coming up she scored the winning touchdown in the super bowl. >> president trump's travel ban is now in legal limbo. we have the man on this process is going to tell you which way it could go, next. the future of business in new york state is already in motion. companies across the state are growing the economy, with the help of the lowest taxes in decades, a talented workforce, and world-class innovations. like in plattsburgh, where the most advanced transportation is already en route. and in corning, where the future is materializing. let us help grow your company's tomorrow - today at esd.ny.gov

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what happens next? how does this turn out? let's discuss with allen, a professor at harvard law school. do you believe that trump's lawyers did him a disservice and set themselves up for early failure in this process. >> absolutely. they foolishly tried to get the

reversal of the stay in washington. they know they will be turned down and they should never have done that. they should have simply asked to schedule an appeal. which is what the court ultimately did. either the entire executive order is unconstitutional or the entire executive order is unconstitutional. parts of it are probably unconstitutional. all of it are terrible policy but they do not get equated when you get litigation in courts of appeals. >> to i want to give what you think happens here. do you believe or do you agree with any of the criticism that the president didn't just

criticize the judge by calling him a so-called judge or blaming him for any negative outcomes. that is a profound wrong. >> i do. i have an oped on that today. it shows how our system of checks and balances though it's not efficient and often not pretty is so essential to protecting our country when you have one party controlling the white house and one party controlling the senate or the house, at least over a many, many year period by many judges and serves as a really effective check and balance but it causes confusion and difficulty and inefficiency and that's what the framers had in mind. if you're an originalist you should be praising our system of checks and balances and praising the judiciary from becoming involved.

here you have one judge in washington state ruling one way and you have a judge in boston massachusetts ruling another way. you have different opinions coming out. the case comes probably to the supreme court which sits divided 4-4 because the republican senators wouldn't give a hearing to the previous nominee, president obama. that's part of what is causing the mess and will not get to the court in time to become the ninth justice to resolve the dispute. >> interesting to your points about checks and balances i think you'll have a carter and obama and h.w. bush nominee. and how do you think it comes up. >> well they all have one thing in common. they're all law professors. they all taught law. i think they tend to be on the quote, liberal side of this issue but, you know i do think that they're going to strike

down some of the provisions as unconstitutional as they relate to american persons. people in the country lawfully and people that are permanent residents but i think they'll have difficulty striking down some of the provisions that apply to strangers. a family from yemen that's never been in the country that applies for the visa and american conciliate. there's no constitutional right to get a visa. it doesn't only talk about constitutional rights. congress shall make no law respecting an establishment of religion and a good lawyer and there will be good lawyers in this case can argue that this is a prohibition not only congress but on the president and here we have a law that establishes religion by preferring christianity over islam. now the executive agreement doesn't say that but obviously president trump made it clear that the statute is designed to

protect christians. the answer on the other side is christians are a persecuted minority in some of these countries so it's a rational distincti distinction. it's far from over and not easy to predict and nobody should believe people that say in broad terms this is either completely constitutional or unconstitutional. it gives something to both sides. >> thank you very much appreciate it as always. >> now to this story there's been a spike in language across the country but love still shines through. we'll tell you where this is happening and how people are responding. ten? paul, pauline... is pauline a guy? sorry. mike, mike, mike and mike. michelle. okay, you need uniforms, work gloves, goggles, hard hats, all the safety gear. i'm on it.

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vandals breaking into synagogues some communities are banding together to combat hate with love. on the new york city subway among all the advertisements hateful messages targeting jewish people. who wants to see that right now. >> he did something about it. >> who has hand sanitizer. >> the skrubing of the drawings was captured by a fellow new york that posted pictures on facebook commenting. i've never seen so many people reach into their bags and pockets looking for tissues. it went viral getting the attention of chelsea clinton. he tweeted this picture about a separate found on a train adding this is what new yorkers do. we turn hate into love.

vandalism reported in other major cities this weekend as well. police are trying to track down this person they believe broke out synagogue windows and placed decals on the front door. >> more of that going on these days. school officials at rice university in texas trying to determine who scrolled this symbol under the name trump under a statue in the quad. and over the past month. >> it is significant we have not seen things like this before. isolated incidents may be nothing like this. >> he hopes even his small act erases the hate he says he is now seeing more than ever. >> if we all come together. and pool what we have we can get through this. we can fight this. we can resist. >> it wasn't a small act.

if not for that first action no other one follows. that's what we are. we are our diversity for strength and always have been and always will be. >> the subways in new york are the melting pot exroadianire. >> that's two of the main ingredients. >> that can mix a lot. >> saturday night live taking on another member of the trump white house. where does melissa mccarthy show stopping imitation of press secretary sean spicer rank in snl's long line of political spoofs. >> yeah i wanted to ask about the travel ban on muslims.

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available to assist you 24/7. call for a free quote today. liberty stands with you™. liberty mutual insurance. here it is. >> go ahead. >> i want to ask about the travel ban on muslim.

>> the travel ban is not a ban. >> in your words. you said ban. you said ban. >> the president tweeted if a ban were announced with a one week notice. >> you just said that. >> it's your words. >> he's using your words when you use the words in the back. >> we have more to show you. okay. melissa mccarthy. i mean, she imbodied sean spicer. she became a man. she took on some of his expressions. it was really --

>> she became sean spicer and we don't know yet how long this was in the works. whether it was her idea. i'd love to find out exactly how it became about because we're going to remember this for a long time. she will win awards for it and i'm sure she will be back. >> but we have her -- >> split screen. >> let us just enjoy this moment. but we have heard bill that it wasn't long in the works. >> no, it only apparently was done very late friday when they did rehearsals the first time people saw it but she is so perfect for it. why did they think of her? how did they come up with it and the audience didn't realize it was her right away. it was amazing that they could pull that off. she wasn't supposed to be on the show. it was a surprise appearance. everything about it was spectacular. it played off the extremes of what happened in the press breefg. >> some of it is verbatim. >> it shows a problem for the white house. we have known this white house has a credibility gap and this

now showing that spicer is a punch line at least to some people it's a problem for the white house going forward. >> snl is very relevant and they're plague on the polarization. they get a lot of heat for things as well. here's another part of it where she uses props to make a point. >> my words too big? i got to show you in pictures. here we go, when it comes to these decisions, the constitution gives our president lots of power and steve bannon is the key advisor and our president will not be deterred. >> she then holds up a bulwinkle and lamb to say muslims. they have never done it like

this with any other president and it shows us and them that divided the country. >> the show is always critical of presidents but more so republican presidents. >> more so but they have done staff before. ron hosted the show. they have done that but a little rare to do a press secretary because people don't know who he is unless you watch cnn during the day and see a performance like that. >> also steef ba-- steve bannon >> i'm steve. you look rested. >> thank you. >> i had a long day and tired and cranky and i feel like i could just freak out on somebody. >> maybe you should call australia. >> thank you for still accepting our refugees. >> say what? >> president obama said america would accept 1200 refugees. your countries compassion will

not be forgotten. no refugees. america first, australia sucks, prepare to go to war. >> it is interesting that they -- really going all in on this. the show was heavily, they did an ad about the people coming to the airports and the rules changing. kristen stewart comes out and first thing she talks about is the crazy looney tweets trump sent about her and her boyfriend. it is unrelenting. >> there's been a theory and i believe you are on it as well that they know that president trump watches snl and that they're almost like telegraphing it directly to him. >> that they're programming this for one person. the idea that, you know, they know that the president has to tune into snl. they are crafting these segments, for example, the bannon one directly for him. let's point out though the

president declined to tweet about it. >> that was impressive because this image of bannon pulling his strings has got to hurt because he knows it's widely believed. that some of these early controversial moves seem as being his agenda in full effect and that it's hurting the president. >> sketch ended with him at the desk, bannon at the desk and trump at a baby desk. >> there you go. >> the interview this is never a tour deforce but did you feel that o'reilly did himself and his audience a disservice by how light he went. >> he also got news out of the guy. >> not a high bar. >> the stuff he was saying was

so provocative. when he interviewed obama at one point he said does it disturb you that people hate you. >> and what donald trump said, so he goes 3 million people, forget about that. forget about that. he waves off bill o'reilly. bill o'reilly shuts up and lets him keep talking about the registration thing. >> may i just piggy back on this and say bill o'reilly said i'm not there to be a fact checker. now if your a journalist, aren't you there to be a fact checker? >> yes you are and you should drill down a little deeper on some of these issues. there is 30 minutes we vn seen yet so maybe there's some news but in that voter fraud segment o'reilly seemed to agree with trump. and he said that's right but you need the data. eventually trump said forget about it. we'll have an investigation and the vice president is going to run it. they said that's good. we need to get to the bottom of

this. o'reilly was supporting the president. >> we didn't go back and say those are registered. he could have said like your daughter was registered. >> we haven't seen him going back to each of those topics and pointing out obvious mistakes. >> i agree he was a more subdued version of o'reilly. >> have to tell you i don't think you do the president any favors either because we both interviewed him. he is at his best when challenged. >> thank you. >> thanks. >> okay thank you so our international viewers and cnn newsroom is next. for our u.s. viewers new day continues right now the intensifying legal battle over the travel ban. >> what matters at the end of the day are the results. >> you think our country is so

innocent. >> i respect a lot of people but that doesn't mean i'm going to get along with them. >> this guy is a fraud. >> you have illegals and dead people it's a bad situation. >> good morning, everyone. welcome to new day. we begin with the legal fight over president trump's controversial travel ban. >> he is even suggesting americans should blame the judge or the courts if a terror attack happens. we're 18 days into the trump presidency. we begin our coverage live in tampa florida. you're there because there's a teg lunch with the president