right now, i need a big big nap. >> president trump hasn't tweeted anything about snl since the show. spicer took it in strayed and defended his boss, saying alec baldwin in his portrayal of trump has gone from funny to mean. wolf? >> thanks sara, erin burnett out front starts right nowp. out front next, breaking news, all eyes on the ninth circuit court of appeals, will the court strike down president trump's travel ban. terror attacks aren't being reported. is the president suggesting a cover-up. more breaking news on capitol hill, democrats holding an all night protest on the senate floor. breaking details ahead, let's go "outfront." good evening, i'm erin burnett, we begin "outfront" with breaking news.

the justice department's lawyers arguing "the executive order is a lawful exercise of the president's authority over the entry of aliens into the united states and the admission of refugees. it also asserts that it is not a ban on muslims. and all eyes tonight are on the san francisco ninth circuit court of appeals, three judges are holding a hearing on the travel ban, each side will get 30 minutes to argue its case. now, trump signed the executive action just ten days ago, the ban targeting immigrants from 7 muslim majority nations, it was issued with little warning and not nearly enough explanation unleashing massive confusion at airports and protests across the country. the president is now on his 17th day in office has a full blown legal battle on his hands already. a battle that now, tonight is expected to go all the way to the supreme court. pamela brown is outfront.

this is a crucial brief we just got from the justice department. >> reporter: just moments ago, the justice department filing this brief, saying the district courts nationwide injunction was simply wrong and vastly over broad. it says that the president has broad discretion under both the constitution and the law to manage immigration. particularly when it comes to national security and the refugee program, because the president has access to classified information among other reasons, and it talks about the refugees and citizens from those countries, those seven countries listed in the travel ban, who have never stepped foot into the united states, and the lawyers for the department of justice argue, they should not be afforded constitutional rights, that's not an issue, basically, according to this brief that was just filed. what's interesting here, at the end, there's this carve out, the justice department lawyers give the ninth circuit judges an option, if they wanted to limit

the injunction to those previously admitted to the united states if they wish to travel to the united states. tomorrow we expect oral arguments at 3:00 p.m. pacific time. that will be over the phone, each side will have 30 minutes. beyond this, we expect the losing side to appeal and for this to make it up to the supreme court. >> thank you very much. and now let's go to sara sidner. she's outside the courthouse where those hearings will be. >> reporter: the scenes of tearful reunions from san francisco to washington, d.c., as people from seven predominantly muslim countries rush back into the united states. >> even though my family already came here, we feel for all those who are still in limbo. >> after being temporarily banned by donald trump's executive order. hundreds of visa holders are trying to legally get into the u.s. after a federal judge

temporarily stopped the president's travel ban. >> good afternoon, everyone. >> reporter: washington and minnesota sued the department of justice, arguing the ban discriminates on the basis of religion and harms the states irreprese irrepresentarabl. >> the state has met its burden that it meets irreparable injury. >> with that, the travel ban came to an abrupt halt, albeit only temporarily, as the court hears the merits of the case. president trump quickly responding toed order. the opinion of this so-called judge, which takes law enforcement away from our country is ridiculous and will be overturned. the department of justice is appealing to the ninth circuit court of appeals. the doj asking for an emergency stay to put the ban back in place while the case goes through the court system.

>> they say that their harm, the harm to the public is the process of judicial review, the harm is that the court intervened and issued a stay. you don't usually see that as harm. our constitutional process is supposed to let judicial review happen, almost always. >> of course, you did hear that there is a much more substantive argument by the doj talking about the president's right to control the borders and, of course, saying the federal judge overstepped his bounds. everyone on pins and needles, the families who want to come to this country, of course worrying about this, watching the court, we should hear something. there are oral arguments scheduled for 3:00 california time, 6:00 p.m. new york time. >> thank you very much, 24 hours from now, we will have a verdict. "outfront" now, the man at the center of this case, noah purcell, he argued the case in court. thank you for being with me. let me start with this, we're

awaiting this decision from the ninth circuit, three judges there, one appointed by republican, two by democratic administrations, a lot of people thought we would have a ruling immediately tonight. now we know oral arguments will be tomorrow. at this exact hour. does it concern you that they're going to ask for those oral arguments? >> no, not at all. i think they're taking this case very seriously as they should, and it's not unexpected they would ask for an argument on a case of this importance. so we're not concerned, we're looking forward to answering their questions. >> at this hour, of course, you have 16 states, pennsylvania and iowa on the list, both of those states voted for trump. they have now filed a memorandum with the ninth circuit court in support of your effort. how did this come about? >> well, states often file amicus briefs in support of each other when there are issues that matter to states. washington took the lead in

filing amicus briefs in the united states versus texas briefs. we were defending in that case, president obama's zpangs of the daca program for immigrants and we worked with a number of other states to file an amicus brief. states have come together arguing that we have standing to bring this claim, and supporting our side, which we appreciate very much. >> the trump administration filed their replay to you moments ago. there are several key points, i wanted to ask you about a few of them. the first is this, they deny this had anything to do with religion. i want to read for the viewers, what's in their reply. the order violates equal protection principles. the order temporary suspends entry of aliens from seven countries previously identified by congress and the executive branch being associated with a

heightened risk of terrorism. at least one muslim majority country bansed. clearly not religious in their case, it's one muslim country to another. does this hurt your argument that this is religious? >> no, to prove that claim, we don't have to claim that every single person harmed by this order is muslim. we don't have to prove that some muslims are unaffected. the argument is that one of the motivating factors behind the order was an intent to target islam and muslims, and that's the standard, that's the legal standard. and to favor one religion over another. we believe that already at this early stage of the case, there's strong evidence to support that claim, given the president's statements, the statements of his advisers, the complete lack of any tailoring of the order to address national security concerns. we have strong evidence it was

motivated by a desire to target muslims. >> on that front in boston, a judge refused to extend a court order that blocked the travel ban as you're well aware. in that case, the judge wrote in his opinion, the rich immigrant history of the united states -- the public interest and safety and security in this ever more dangerous world is strong as well. he, of course, refused to extend the temporary ban, he sided with trump. does that worry you? >> no, you know, he certainly is entitled to issue the opinion that he thought was appropriate. but we agree with judge row barred who made a very reasonable decision here in our favor. he did not downplay the importance of national security, neither are we. it's an important interest. it's just that this order does nothing to further trgs as evidenced by the declaration that was attached to our brief yesterday from former heads of the cia and state department

saying the order harms national security. if the order were motivated by national security, one of the points i made in the oral argument was, why didn't they figure out in advance, whether to apply to lawful permanent residents that are green cardholders from these seven countries. there's roughly half a million people from these seven countries. the white house had not made up their mind before they issued the order about whether the order applied to them or not. either those half a million people are a threat or they're not. the white house had concluded that they were a threat, and the order should apply to them. but by wednesday they changed their mind after going back and forth several times on that. it really seems to be a political decision more than a national security one. >> i appreciate your time. thank you very much. i know you have those arguments tomorrow. 24 hours from now, we may have that formal ruling from the ninth circuit court. we're learning new information tonight about that high risk raid in yemen.

we now know who the navy s.e.a.l.s were after, exactly who it was, how crucial this person was, and why he got away. more companies uniting, more than 100 now, apple, facebook on the list, supporting the suit against the travel ban. we're live on capitol hill, where democrats are vowing to protest through the night, all the way to tomorrow morning. trump's nomination for the education secretary position. one senator leading the charge. and then melissa mccarthy and sean spicer on when a ban is not a ban. >> this is not a muslim ban. it's not a travel ban. people spend less time lying awake with aches and pains with advil pm than with tylenol pm. advil pm combines the number one pain reliever with the number one sleep aid. gentle, non-habit forming advil pm. for a healing night's sleep.

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breaking news, the two sides in the challenge to president trump's travel ban up against the clock. they've been given less than 24 hours to be ready for oral

arguments, they're going to begin in less than 20 hours from now. it is now, of course, in the hands of the ninth circuit court of appeals. the court's three judges reviewing a number of documents, including a motion by some of the biggest companies in america, including apple, google and facebook. all opposing the ban. kyung what are you learning, it's not 100 companies, the vast majority of them are tech companies joining the fight against the immigration ban. >> we learned this is a legal brief they have filed with this court, the court that we spend all hour talking about, the ninth circuit court of appeals this is a broad coalition of tech companies, many of the big ones you named. tech start-ups, this is a rare move, a rare joining move

coordinated by these tech companies, it's a symbol, a sign of the animosity between silicon valley to this executive order, it's something that sentiment has been brewing for some time ever since the executive order was put into place. it runs counter to the culture that many of these tech companies were founded by immigrants, run by imgrabts, they have to rely on immigration, some of their best talent comes from overseas, and also, we have seen protests on their front lawns by their own employees urging their companies to do something more definitive certainly this legal brief is that. >> the ceo of uber dropped out of president trump's advisory council. push back during the super bowl? >> you could not have picked a more public venue to draw that

opposition between corporate america, at least here, the corporate america that's in silicon valley, to this executive order. we saw it most starkly in that air bnb commercial. there were shades of it in the going emad. what we are seeing is these companies based in california, a progressive state, a state that's expected to lead the opposition against the trump administration, saying publicly to people who are watching the super bowl, we don't agree with this. >> thank you, kyung. "outfront" now, steven larson, former united states district judge appointed by george w. bush. let me start with you, i know you've been designated to serve on panels with the ninth circuit, they've taken this on tonight. some thought it could give a ruling at any point this

evening, now they're saying, 23 hours from now, they're going to take 30 minutes of oral arguments from each side. you heard the solicitor general say, this doesn't concern him at all. what does it tell you about where their mind is right now. >> i don't think it's going to be an easy decision, it's a hard decision. it recognizes the fact that we need to get a decision on this quickly. we are moving quickly on this matter. it shows how serious the court has taken this. >> on this issue, as i pointed out, you have two of these judges, that's three. two appointed by democratic presidents. how do you suspect they will rule? will this then fall down those party lines or not? >> if it does fall down party lines they rule in favor of the state of washington and the ban continues to be held at least for the time being

unconstitutional. bear in mind this is a federal court, an institution in and of itself, i don't think party lines always dictate in these situations, i think they're going to be looking carefully at the law. >> i want to talk to you about this issue here, about whether this discriminates against muslims or not. the solicitor general said they absolutely believe it does. i raise the point of some muslim majority countries who essentially ban the same seven countries from coming into their countries. donald trump has talked about a muslim ban. repeatedly during the campaign. here are a few examples. >> donald j. trump is calling for a total and complete shutdown of muslims entering the united states. >> it's a temporary ban, it hasn't been called for yet, nobody's done it, this is just a suggestion, until we find out what's going on. >> ideally you won't have a ban very long. we just have to find out what's happening.

>> so those are things he said. then he changed his view, he said, no, it's not about muslims, it's about extreme vetting. are those things that can be used against him? >> they can. there's a series of supreme court cases that have set out a road map for how one might consider a claim of discriminatory motivation. that became important in racial cases. it's not enough to show a constitutional violation, have you to show intent. how can that be shown? you can look at past statements by key players, that's clearly relevant, the statements we saw. you can look at whether the decision violated the normal procedural process, which would seem to suggest that there's something else going on, besides normal decision making. or it violated the normal substantive rounds for decision. they have a basis, more than one would normally see in any kind of case like this.

for getting to the next stage. >> to get it to the supreme court? >> the plaintiffs would like to see that the stay remains in place, it's remanded to the court for a more complete proceeding on the facts. and the government i think if that happens, the government would ask the supreme court to step in and stay it. >> what happens if this ends up in the supreme court as so many anticipate it will. you have the possibility of a 4-4 134ri9. >> the court might split 4-4, liberals against conservatives, that means that the ruling of the lower court would prevail, the state of washington's ruling would in theory prevail on that scenario, i think we're forgetting about one thing with the supreme court it's an institution of government, with trump attacking judges now as he did in this case, by calling the federal judge in this case a

so-called judge. you have to wonder if the supreme court will consider the judiciary under attack. and will he say, you know, we need a decision, not a split court here. i think you'll see a decision from the supreme court. >> paul raises this point about trump attacking judges. he did. he sent several tweets out about this this weekend. cannot believe a judge would put our country in such peril. people pouring in, bad. when you read that, as a judge. what do you -- what is your reaction? he's saying if there's a terrorist attack, it's going to be this judge's fault? >> it's very disconcerting the way that both political sides have basically used attacks to in my view undermine the judiciary. rule of law is very important in this country. it's inappropriate for the president to be called about so-called judges when you're talking about judge robard and

any of our judges. it's equally inappropriate for the democrats to say, we have a so-called president. this has got to stop, it's important that we debate these issues, it's important we let this judicial process play out. this is not the first time the president and the congress have gone head to head. you go back to franklin roosevelt. there's any number of instances where this happens, we can't undermine our judicial institutions by resorting to attacks on judges or for that matter, attacks on the president in terms of his legitimacy. it's got to stop. >> thank you all. and next, the breaking news at this hour, new details on that commando raid, a navy s.e.a.l. dead, civilians dead, we know who the target of that raid was, and you're going to need to hear this. trump charges the dishonest

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breaking news, we have just confirmed the primary target of the president trump ordered raid in yemen last week that left a navy s.e.a.l. dead and civilians dead, that target was qassim al rimi. he survived the raid and is mocking trump in a real tape criticizing the president about jim sciutto is "outfront." this answers a lot of questions, why you would put a whole

commando team in, why you would go in in person. what else have you learned? >> it explains the enormous risks, including the loss of the u.s. navy s.e.a.l.,ed aqap leader was the target of this deadly raid in yemen last sunday. al-rimi not killed he since released this audio message, as he taunts donald trump. the senior u.s. military official telling cnn the raid still gained valuable intelligence that could help lead the u.s. to the terrorist leader at a later date. a quote from that audio recording now, he says the white house' new fool, referring to president trump has received a painful blow at your hands, speaking to his supporters in his first outing on your land. that's al-rimi's records according to his follower

there's. the big point is, you and i were talking about this, erin, this was a risky operation, lots of american boots on the ground. you had the cooperation of special forces from the united arab emirates. you had u.s. aircraft involved, including an osprey that was lost. seemed like a great idea for intelligence gathering. >> thank you very much. jim sciutto, and also new tonight. president trump claiming that the media is refusing to report on terror attacks. here's what he said during a visit earlier today to u.s. central command. >> you have seen what happened in paris and nice. all over europe, it's happening. it's gotten to a point where it's not even being reported. and in many cases, the very, very dishonest press doesn't want to report it. they have their reasons, and you understand that.

>> senior white house correspondent jim acosta is outside the white house at this hour. the white house standing by those comments? >> they are. as a matter of fact, sean spicer was asked about this claim that the president made earlier today, and he said that while the president believes that these events are not covered enough, here's more of what he had to say. >> look, i think the president's comments were very clear at the time. he felt as though members of the media don't always cover some of those events that other events will get covered. a protest will get blown out of the water and an attack or a foiled attack doesn't get the same coverage. >> to back up this claim that the media are not reporting or devoting enough coverage to these attacks. they would produce a list of these attacks that they believe were not covered enough. we just got our hands on this list. our producer just obtained this from a white house official.

there are 78 attacks listed on this list. and i have to tell you, erin, it's a head scratcher, several of these, we here at cnn and other international news outlets, covered these extensively, mentioned on this list, the november 15 terror attacks in paris. yes, the paris attacks were 129 people were killed, the san bernardino terrorist attack. the brussels/belgium terrorist attack that happened last year, istanbul. even the nice truck attack, erin, all of these, you'll recall, we covered these extensively. it's puzzling as to the white house would include these attacks on the list, when they were covered for days on end. we have not gotten any explanation from the white house as to what the president said, the dishonest news media are not covering these terrorist attacks for some reason, and you know what i mean, he said to that military audience earlier today. >> yeah. >> a real head scratcher in

terms of a comment coming from the president tonight. >> thank you. mo brooks, member of the house foreign affairs committee and armed services committee. thank you for being with me tonight, you know, we are just trying to understand what the president means, i mean, what's your response to donald trump. he says the media isn't covering these events, and then he said, you know what i mean. is he alleging a cover-up? the media is sympathetic with the terrorists? do you have any idea? >> well, i haven't talked to the president on this particular issue, it's hard for me to extrapolate from what i've heard from the folks in the news media, what his intent may be. if i had to guess, it would be something to this effect, he wishes people would stress more so than they have been, the types of terrorist attacks have occurred, and what may be the cause for those terrorist attacks, and how those kinds of things interrelate to the policies that president trump is

trying to implement in order to better protect americans from those kinds of terrorist attacks on american soil. >> they just did supply this list of 78 attacks. they put brussels there, the paris attacks in november of 2015, orlando, media obviously covered those extensively. i happened to be among the many on the ground in all of those cases. we talked to the families of the perpetrators, the families of the victims, we talked about u.s. visa policy, what that meant. and we did this for days and days and days and days. i am at a loss. frankly it's absurd. >> i don't know if there's a question in there, i heard your comments, all i can say is, if i had to guess what is in the president's mind, that's the position you're putting me in. he wants a greater stress than the amount of emphasis that you

all have given on these terrorist attacks and the motivations behind them. i understand where you folks are in the media. you have a short news cycle so many things are happening, you have to shift focus from one topic to another. if you're asking me to extrapolate any more than i can, i'm afraid i'm going to disappoint you. >> i think you've answered it as best you can, i will say, for the record, i think we cover terror exhaustively, and one of the biggest criticisms we get is that we cover those sorts of stories too much. >> i've watched you on cnn many times, and i watched you give coverage to a number of terrorist events where people are killed. i'm appreciative of the coverage that you have given. >> i want to ask you about some other things as well. president trump is also facing criticism today for what he said in an interview, 12 million people watched it yesterday, it was a big and important platform he had.

and he -- in that interview also talked about vladimir putin. i wanted to play what he said. >> if russia helps us in the fight against isis, which is a major fight, and islamic terrorism all over the world. >> right. >> major fight, that's a good thing. will i get along with them, i have no idea. >> he's a killer, though. putin's a killer. >> we have a lot of killers. you think our can't is so innocent? you think our country is so innocent? >> is it -- is he right to say the united states has a lot of killers equivalent to russia's putin. >> i don't know if he was emphasizing an equivalency, certainly america's armed forces over the decades have been significant forage enormous amount of life among our enemies. it's a good thing, if you believe in what america's trying to do. so if you're talking about deaths occurring -- america does have a substantial role in that,

and the planet, at the same time we're trying to defend ourselves, that's part of it, we try to liberate kuwait, that's part of it, afghanistan after 9/11, we tried to take out the taliban and successfully so. from our standpoint i believe there's a difference in the moral equivalency of what russia has done in crimea and the ukraine, and what the united states has done as we try to protect freedom loving people's from oppression from bad actors. >> congressman brooks, thank you very much i appreciate your time tonight. appreciate it, sir. "outfront" next, you're looking at a live picture, senate democrats planning to hold the floor overnight, a last ditch attempt to derail trump's pick for education secretary. jeanne moos on the new sheriff in town, cleaning up white house press briefings.

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democrats in the middle of holding the senate floor for 24 hours. it's a last ditch effort to stop president trump's nominee for education secretary. she's expected to get that job, only because mike pence will vote as the tie breaker. democrats are trying to get one more republican to come on their side and deny her of the job. is there a chance?

>> we're not getting any indication that there's a republican senator who's going to flip. republican leaders are confident that their party is falling in line over all, just going to lose two senators tomorrow. what democrats are trying to do is energize their party who wants a fight against donald trump's nominees, and betsy devos being front and center. this is a nomination that has united democrats who are actually -- have a lot of different views, i'd yo logically, you have very conservative members of the democratic caucus, people like joe manchin of west virginia, up for election in 2018. and a very liberal wing of the party led by elizabeth warren and bernie sanders. i've had a chance to talk to the top democrat, he believes this fight over betsy devos is something that's bringing his party together and will help them politicalpy. take a listen. >> i think these senators have said that they're going to fight trump on things like the betsy

devos nomination, whether you live in montana or maryland, you don't want to voucherize our education system. >> at the end of the day, all of these senators are going to look out for the best interests of the people of their state. they have a record of doing that, the people of the state trust them, they have confidence in them. >> now, the question is, how united do democrats stay when we start talking about other nominees, including donald trump's supreme court nominees. in a key development, senate republicans are planning on pushing forward to get them confirmed to the cabinet post this week. they're planning to move to jeff sessions. and also, steven mnuchin. planning to keep the senate open late at night to get those nominees done. democrats are trying to stall the process as long as possible. betsy devos first and foremost tomorrow. first time ever the vice president coming in to

confirm -- to break a tie and confirm a cabinet nominee. >> thank you. i want to go straight to debbie stabenow, she's part of the stand in in the senate, going through the night. senator, thank you for calling in to talk to us. what is it about betsy devos that makes her the one worth doing this for? >> you know, erin, this is something that actually has galvanized citizens across the country. and we know in michigan, better than anybody else, because betsy devos is from michigan, she's been able to put forward her ideas that have cost us funding in public education, and set up very unaccountable for profit as well as nonprofit charters, you have a company running a charter, they believe they're a private business and don't have to have public accountability. people across michigan have been overwhelmingly opposed to having what has happened in michigan

public schools happen across the country. originally, back in january the republicans wanted her nomination to move forward the second week in january. and what we have done is really pushed to have the time for citizens to be able to engage. and they have. hundreds of thousands of people across the country indicating this is not the direction they want for our children and schools. >> do you dispute what senator cornen just said. i don't know if you heard our reporting, it may take until the midnight hours on saturday, but this week, betsy devos will be confirmed. jeff sessions will be confirmed, allen mnuchin will be confirmed. we will have four new cabinet secretaries this week. >> we know we don't have the votes to stop these nominations by ourselves. but people, parents, teachers,

administrators, community leaders across the country have power and are weighing in, and they've already had an impact, we have two republican colleagues now voting no as you said, 50/50 historic tie breaking vote, and we may in fact have an additional republican colleague voting no, which would stop her tomorrow. >> you believe you have that? you think you could have a republican, you could kill that nomination? >> i think there are a couple folks still thinking about it, obviously, this is -- we don't know at this point. we didn't think we would be at 50/50 a week ago. it's only because the citizens engaging, and parents carrying about their children that we're at this point tonight. >> can you tell us which two? >> i can't. i bet there are definitely places in this country where people have been weighing in with their senators and it may

make a difference. >> thank you very much, senator stabenow, good to talk to you again. i appreciate it, and my apologies for misspeaking there, i meant steven mnuchin not allen. a replacement for obama care could be more than a year away. and melissa mccarthy impersonating sean spicer. >> they gave him a five minute standing ovation at the end. >> the crowd greeted him with a standing ovation, which lasted a full 15 minutes. oh yeah sure... ok, like what? but i thought we were supposed to be talking about investing for retirement? we're absolutely doing that. but there's no law you can't make the most of today. what do you want to do? i'd really like to run with the bulls. wow. yea. hope you're fast. i am. get a portfolio that works for you now and as your needs change. investment management services from td ameritrade.

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breaking news, a top republican pushing back on president trump's time line for a replacement for obama care. >> can americans expect a new health care plan rolled out by the trump administration. >> in the process, and maybe it will take until sometime next

year. we are certainly going to be in the process. very complicated. obama care is a disaster. you have to remember, obama care doesn't work. >> just moments ago, republicans need to move a lot faster than that. >> the president has said he's committed to repealing obama care, republicans in both houses have said we're committed to repealing obama care. >> you want to do it this year? >> absolutely. >> would you be concerned if the time frame slipped to 2018? >> i think we need to move as expeditiously as possible. this was a promise made to the american people and we need to deliver on that promise. >> this leaves question for the 20 million people who are on obama care. what's the human meaning of repealing obama care. >> this is his breathing treatment. >> in the fight for obama care, the most powerful voices, those like cedric clatores, the

29-year-old paralyzed from the neck down can't utter a word. >> you're okay. >> ten years ago, cedric was an avid gymnast, healthy, handsome, a rare blood disease required a liver transplant, then he contracted a neurological disorder. after four years, it paralyzed him. >> we're pretty much from 6:00 do midnight. >> the family has insurance through howard's job, but obama care did one thing for them, and everyone else, remove the million dollar lifetime limit on care, anyone whose ever dealt with serious illness knows how rapidly the bills can mount. >> you can go through a million dollars, believe me, we want through 600,000 in a month. >> before obama care, most insurance policies had lifetime and sometimes annual limits on care.

the affordable care act got rid of all of it, affecting everyone with insurance regardless of whether they got it privately, through their employer or from medicare or medicaid. >> if obama care goes away, do you know what will happen? >> no, you don't really know what's going to happen, nobody has said what's going to happen. >> if we can't afford his medicines, we don't know what's going to happen. >> his medications, ground up, served intravenously. cost in the thousands. >> we both work, we make good money and it's still hard to get by. if it weren't for obama care, he would be dead a long time ago. >> the family has transformed themselves into nurses, a full time effort, their sons health as uncertain as his health care. their message to those rushing

for repeal. >> come and sit with us one day and see what we go through. that's all you have to do. >> i think what they need to be able to do is put faces to what they're talking about. >> cedric claytor, his body devastated by disease, still loved and a cause worth fighting for. >> that is emotional and hard to watch. >> if we think we have problems. >> you point out they have insurance, they're not on obama care, but there was a lifetime cap of a million dollars, they were approaching that as obama care took effect. >> that's their biggest concern are if they get rid of obama care, caps are ream posed or they consider their son having a pre-existing condition, suddenly their care could go away, they're not sure what is going to happen, and all of the talk about repeal without a sense of what will replace it is putting another level of stress on their life and many others. before obama care there were

many, many people whose lives were financially destroyed, even with good insurance, because they went over that million dollar limit. >> you put a face to it, and i think it makes everyone realize, these aren't just words of repeal and replace, but lives. senator bernie sanders and ted cruz are going to debate the future of health care. it will be a live debate, tomorrow night at 9:00 eastern. next, jeanne moos on why sean spicer says melissa mccarthy needs to dial back her impersonation of him. >> wall street, are you okay? get off the computer traitor! i won't. (cannon sound) mobility is very important to me. that's why i use e*trade mobile. it's on all my mobile devices, so it suits my mobile lifestyle and it keeps my investments fully mobile... even when i'm on the move. sign up at etrade.com and get up to six hundred dollars.

"saturday night live" takes on the white house press secretary, here's jeanne moos. >> reporter: melissa mccarthy -- >> settle down. >> reporter: sure added spice to sean spicer. >> by apologizing from you to me. and that apology is not accepted. >> reporter: a exit for the ages. there's talk mccarthy could become a recurring character, snl wouldn't comment. the writers took spicer's actual squabble over travel ban. >> he's using the words that the media is using. at the end of the day it

can't -- >> hold on, hold on. >> the travel ban is not a ban, which makes it not a ban. >> you just called it a ban. >> i'm using your words. you said ban. it's circular using of the word and that's from you. >> the actual spicer was portrayed using props. >> against radical moose-lambs. >> he's not been known to weaponize his podium. >> are you okay? >> when asked about the exit, spicer told "extra" that melissa mccarthy could dial it back a bit. he told fox news. >> it was cute, it was funny. >> reporter: one personal quirk they barely had to exaggerate. >> i'm here to swallow gum and take names. >> i think melissa mccarthy needs to slow down on the gum chewing. >> i'll get back to you many. >> reporter: spicer told the post he chews 2 1/2 packs of

orbit cinnamon gum every day before noon. >> he doesn't just chew them, he chews and swallows them. >> what spokesman wouldn't like to spout off like this p.m. >> what are you doing? >> this is soappy water and i'm washing that filthy lyin' mouth. >> reporter: jeanne moos, cnn, new york. >> i guess he's lucky they say, that's an old wives tale that it lives for 7 years in your stomach when you swallow gum, thanks for watching. hope you had a good day, thanks for joining us. we have breaking news on president trump's travel ban which could go to the supreme court. comes after a day and weekend of tweets, sound bytes and headlines from trump. he's back in washington today after speaking in tampa, igni igniting a controversy over something he said. he is drawing fire for a tweet over the weekend slamming the