justice system in action today. a federal appeals court is going to hear arguments on whether to reinstate the president's controversial travel ban. the justice department is claiming that national security is at risk. >> the two state attorneys general suing the president say his executive order is unconstitutional. meanwhile, the president making some incredible claims about the media again. in a speech to u.s. service members he falsely claimed the media under reports terror attacks. it is day 19 of the trump presidency. let's begin our coverage with cnn's joe johns live at the white house. good morning, joe. >> reporter: good morning, alison. the president's misrepresentations, false assertions over media coverage throwing in an element of misdirection from the main event, which is that hearing today to determine the immediate fate of the president's executive order on immigration. three federal judges from the ninth circuit court of appeals will hear arguments from the

justice department and from attorneys zbrernl washington state and minnesota. these two states argue that the trump administration has failed to show the country would be irreparably harmed. >> i believe strongly and my legal team believes strongly that the executive order is unlawful and unconstitutional. >> reporter: the president continuing to stoke fears, tweeting the threat from radical islam miblg terrorism is real. the courts must act fast. he maintains the executive order is a lawful exercise of the president's authority. >> he has broad discretion to do what's in the nation's best interests to protect our people and we feel very confident. >> reporter: the president using the legal battle over his travel ban to admonish the, quote, dishonest media for, quote, underreporting terrorist attacks. >> radical islamic terrorists are determined to strike our

homeland as they did on 9/11. it's getting to the point where it's not 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. >> reporter: hours later the white house releasing a list of 78 attacks they claim the media ignored but many of them were, in fact, heavily covered by cnn and other media organizations. during the visit to u.s. central command on monday the president once again touting his election victory. >> we had a wonderful election, didn't we? i saw those numbers. and you like me and i like you. >> reporter: and in an interview with fox news, mr. trump opens up about his relationship with former president obama. >> i don't know if he'll admit this, but he likes me. >> how do you know he likes you? >> because i can feel it. that's what i do in life. it's gold. like i understand. >> reporter: reflecting on the heated campaign and that historic moment the two men rode together to the u.s. capital. >> we said horrible things about each other and then we hop into the car and we drive down

pennsylvania avenue together. we don't even talk about it. politics is amazing. >> reporter: we expect to see the president in front of the cameras two or three times today including one meeting with members of the national sheriff's association in that group. a number of strong supporters of the president's immigration policies. chris? >> joe, thank you very much. let's bring in congressman jim jordan of ohio. founding member and former chairman of the house freedom caucus. good to have you, congressman. >> good to be with you. >> so the trial, the hearing is going to happen this evening. >> yes. >> the decision could very well be split, right? that part of the executive order is found to need to be reframed or redone and part will stand. what will be your reaction to any decision that comes out? >> well, we'll just have to wait and see. we have this wonderful system where we have checks and balances and the judiciary branch can decide these things. i happen to think the executive order is within the president's

rights. the common sense is we want to as the most welcoming country on the planet, we want to welcome refugees who need safety. we want to welcome them here, but we have to do it in a safe way. isis is trying to actively exploit our refugee program. we want to make sure that we can thoroughly check people out, thoroughly vet people here. that's all the executive order says. i think it makes sense and i hope that the court will decide that it's okay to move forward with the pause that president trump has put in place. >> i think part of your legal problem is that it's not consistent with what was done before, right? president obama never stopped travel from any of those places. he didn't -- you know, there was no -- there was no ban in effect. hold on, my question goes to this context which is you say you want to be welcoming and inviting. one of the reasons you didn't get the emergency stoppage that the department of justice asked for was because you couldn't show any imminent threat to national security from refugees

in this country and therefore there was no reason to allow it to stay in place until you do have a show of proof. >> well, i would -- i would say what isis has said. they've said they're actively trying to exploit this program to get bad people in this country which will do us harm. >> that doesn't give you the threshold of imminent threat. look at your stats. look what is happening. >> terrorists saying they're going to exploit our program. >> imminent threat shows proof of that infiltration, shows actual threat to you, actionable intelligence. you have none of that. >> chris, remember that this is consistent with legislation that passed the house of representatives a little over a year ago that 47 democrats supported. the president said he would veto it, but 47 democrats said after the terrorist attack in paris and san bernardino that this kind of policy made sense especially in light of what isis has said, that they're actively trying to exploit the program. so this is entirely consistent

with what we've done before, entirely, i think, consistent with the law. let's hope that today the three-judge panel will rule in favor of what the president put in place. >> why don't you do what you promised during this campaign, which was extreme vetting? that's what the president promised. you don't have anything but that slowing began right now. why don't you do what the obama administration did? you have those iraqis slip through in what was it, 2008, '09. they looked at the vetting procedures. had to come up with new ways to catch people slipping in. they inculcated it into the new policy and those countries were named. here you're doing it in reverse. you're stopping everything from those places for a limited time although duration doesn't matter for the cons be city tuesday nalt at this. >> a pause to put in the new vetting to make sure no one who's going to do harm is going to get into the country. exactly what we said last year. unless the fbi can say for sure that they know people coming into this country are not part of a terrorist organization, are

not going to do us harm, then they shouldn't get in. that's what the legislation said. it wasn't just republicans that supported it. 47 democrats supported it in the house of representatives because it made good common sense. that's the kind of policy i think the president wants. that's the kind of policy i want. that's the kind of policy the american people want and that's why they voted the way they did last november. >> the policy argument has become about how you treat muslims and how this appears to muslims and whether it mitigates a threat or it actually advantages a threat. the president making this threat says it's a problem. they under reporter rohriorepor attacks. they say we under report them. do you agree with that, congressman? >> i'll let you and the white house have that debate. >> oh, no, no, no, no. that's not why you were sent to washington. this is about truth and taking care of the people, your

constituency. this matters. what do you think about it? >> no, you're right it matters, that's why i support the president's executive order. i think it's consistent with common sense, i think it's consistent with what passed the house of representatives. >> i hear you on that. do you think the president is right to say the media is part of the problem because we under report terror attacks? i'll give you a hint. that is demonstrably false. i'm holding a ledger of those attacks and none of them have less than 100 media hits, even the remotest place with no injuries. >> chris, i'll take your word for it that you didn't under report, that you actually reported some of those. >> all. all. >> does the media have a bias? is the media out to make sure they can undermine some of the things the president is doing? i think that's pretty clear. what i understand about the executive order, i think it's good, common sense, for the safety of america and our country. america is the most welcoming country on the planet. we want to let people in here

who truly deserve it. we want to check them out before they get here. >> you do check them out, you want to say you're welcoming but you are banning them without -- >> it's a pause. it's a pause. >> the president calls it a ban. he says call it a ban. he tweets that it's a ban. it's a ban, congressman. you're running away from the word. >> 90 day pause, 120 day pause. it may be a short ban, it may be a short pause, but it's for a specified period of time to make sure that people coming into this country are thoroughly checked out. >> what does it tell you that you're not even comfortable saying what it is. what does that tell you about the policy if you're not even comfortable saying it? you wanted to call it three different things before i got you to saban. >> no, i want to call it what it is. checking people out before they get into this country to make sure we keep america safe. tell me what's wrong with that. why are you so opposed to making sure people coming into this country that 47 -- >> no reasonable person is opposed to that. >> why are you opposed to that?

>> because it's a false premise. they're getting in now and not being checked. refugees are coming in and they may be isis. we see no proof of those that xenophobia, that is a scare tactic. >> chris, what's wrong with checking it all out and double checking. >> nothing. >> particularly in light with what isis said? >> nothing, but we do it now so show me how you'll do it better and don't just scare me with what might happen when you have no way to solve it. that would be the criticism. >> i'm not trying to scare you. all i'm saying i think it makes sense when a terrorist organization says they're going to exploit a refugee law that we have that we check it out and make sure, make sure that bad people aren't getting into this country. tell me how that's not common sense and it's consistent with the powers that the executive branch has for national security reason toss do that. tell me why that's wrong. >> it's not about wrong. >> exactly. >> it's not about what i think. i'm saying does the executive order do what you're saying it should? we'll have the courts examine it. then you come back on and we'll

talk about it as policy. let me ask you one more thing while i have you here. you saw the interview with the president most recently on fox. during it he seemed to have a hard time calling out vladimir putin for the morally reprehensible conduct that is often ascribed to him. instead of taking that on he decided to create a parallel with the united states. you know what he said. he said, we're so innocent? how about the things we've done. how do you feel about that? >> look, i'm not going to get into that. i think -- >> i don't know how you duck it, congressman. how do you duck it? how do you duck it? >> i think vladimir putin has done some terrible things. i mean, i think -- i think we all understand that, but i think the president's way of engaging with russia is the same way reagan engaged with the former soviet union. it's okay to engage but you've got to be able to walk away and stand up to them just like reagan did in iceland when they were negotiating certain arms treaties. i think that's the approach he should take. i think that is the approach he

is taking. what he said about the united states and comparing russia, i don't agree with that. but i do think that engagement makes zones because that's the way president reagan handled it. >> president reagan said, mr. gorbachev, tear down that wall. donald trump just said about putin, i don't know putin, i have no dealings in russia. obama can make a deal with iran, number one in terror, no problem. do you see these two as parallels? >> i think the deal with iran was a bad deal, very bad deal. that's why i opposed it. when you have the largest state sponsor of terrorism, you're allowing them even if they follow the deal to get the nuclear weapons, that was a terrible deal and everyone understands that. >> can you explain why our president seems certain to shelter russia and vladimir putin from criticism? >> i'm not for sheltering russia. i'm more than willing to criticize russia and mr. putin but i don't think it's wrong to engage as long as you can criticize when it's appropriate and as long as you can stand up

to him which i think this stlags. >> you have no questions why our president seems to be sheltering putin and russia? >> that's your terms. >> you don't see it that way? >> i don't agree with what he said but i think it's okay to engage with people around the world as long as you're standing up for american interests. >> you don't like my characterization but you don't agree with my -- >> i disagree with a lot of characterizations. >> i'm here to test your positions. >> same here. >> you always bring it full effect and i appreciate that. thank you, sir. >> you bet. >> alison. >> he'll never be back. >> that was a lively debate and he is -- >> he believes he's smart. he'll be back. >> i'm joking because i know he is always -- he's smiling and he is always up to that challenge. meanwhile, democrats staging a marathon protest on the senate floor. these are some live pictures from the senate chamber where democrats have been there all night and they are hoping to block the confirmation of betsy devos as education secretary.

cnn's sunlen serfaty is live on capitol hill. how has that night gone? >> reporter: it's been a long night on capitol hill. despite this effort by the democrats, republican leadership is confident betsy devos is still on track and will be confirmed later on today. they do not expect any additional republican defect shuns which is what democrats are prompting with this overnightmare a thonn sessiove overnight marathon session. they need vice president pence to cast a vote to break this tie. this amounts to a last-ditch effort by democrats, a hail mary pass, if you will, to try to convince at the last moment one more republican to switch sides, break ranks and vote against betsy devos. that's what led to this empassioned speech on capitol hill. now entering its 20th hour on the floor.

>> if you cannot be a champion for public schools, you should not be secretary of education. >> i feel a personal responsibility to ensure that if i cast my vote as senator, that whoever takes that office will be tireless in the defense of all the rights and privileges and liberties of our students. >> reporter: and a vote on betsy devos is expected around 12 noon. looking past this, there are problems ahead for additional nominees of donald trump. most recently andrew kutzer coming out admitting that he employed an undocumented worker for a number of years. they do not think that will derail his nomination. by the end of the week, chris, republicans are hoping to get betsy devos and three additional nominees confirmed and in place. >> all right, sunlen.

thank you very much. there is a lot of drama going on with the senate marathon debate fest there, but is betsy devos going to be confirmed? that's what it comes down to. can they get another vote, the democrats? if they can't, this is going to go through, in historic fashion, but it's going to go through. so how do they think they stand? democrat case next. it's not a banner that goes on a wall. it's not something you do now and then. or when it's convenient. it's using state-of-the-art simulators to better prepare for any situation. it's giving offshore teams onshore support. and it's empowering anyone to stop a job if something doesn't seem right. at bp, safety is never being satisfied. and always working to be better. at bp, safety is never being satisfied. won't replace the full value of your totaled new car. the guy says you picked the wrong insurance plan. no, i picked the wrong insurance company. with liberty mutual new car replacement™, you won't have to worry

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democrats continue to hold the floor of the senate protesting betsy devos's nomination as education secretary. ahead of her vote this afternoon. connecticut senator chris murphy spoke shortly after 4:00 a.m. about his concern that devos has no public school experience. >> when i start to figure out why my office got 13,000 phone calls and e-mails with regard to this nomination, i think it's because public education is so deeply connected to who we feel we are as a country. >> senator murphy joins us now. good morning, senator. i know you've had a long night.

>> early up. that's what happens when you're a junior member of the senate and you get the graveyard shift. >> you pulled the short straw. so democrats are vowing to hold the senate floor until the vote for betsy devos. what's the point? >> well, the point is we're at a 50-50 moment where we only need one more senator to break and vote against betsy devos and she won't be confirmed, and so we want to make our argument up until the last minute to see if we can get that 51st vote. the fact of the matter is this is a nominee that is just not qualified, not prepared to do this job, who has said public education is a dead end for students. that's deeply offensive to the millions of kids and parents who have benefitted from public education. listen, i think at this point it's unlikely that we're going to get the 51st vote, but we're going to try until the last minute. >> let's remind people what happened during betsy devos's

confirmation hearing. >> do you think guns have any place in and around schools? >> i think that's best left to locals and states to decide. if the underlying question is -- >> you can't say that -- you can't say definitively today that guns shouldn't be in schools? >> well, i will refer back to senator enzy and the school that he was talking about in wyoming. i think probably there i would imagine that there's probably a gun in the school to protect from potential grizzlies. >> senator, was that the moment for you that troubled you the most? >> that was about as bad as it got in that hearing. she then immediately contradicted herself to say moments later that she would support donald trump's plan to stop schools from being able to declare themselves gun free. so on one hand she says it

should be up to schools, on the other hand she says she'll support a federal initiative to ban gun free school zones. but later in the hearing when asked about the students with disabilities act, she seemed to not have any recognition of the federal law that protects kids with disabilities in our schools. you put those two things together, lack of compassion for what's happened to places like sandy hook and an inability to just understand the basic law around vulnerable students and it was clear at the end of that hearing that this was someone who shouldn't be the secretary of education. >> so if it was clear in your terms, then why haven't you been able to sway one more republican? >> i think republicans have been very reluctant to break with donald trump in these first few weeks. they haven't been willing to challenge him on this reckless illegal muslim ban. they're not willing to challenge him on nominees that i think even they know in their heart of hearts aren't qualified. i think it's because they're trying to coopt him to get their

economic agenda done. they want to repeal the affordable care act. they want to get their right wing economic agenda through. >> you bring up a muslim ban, the trump administration calls it a travel ban. you are demanding -- as you know, the courts are going to hear this today. but you're demanding that congress take action on this. what do you think the republican led congress can do? >> there will still be legal uncertainty over this issue even if the courts rule against the ban today, which i expect they will because the president can continue to appeal it. so i just think we should settle this once and for all. congress can pass a law as i've introduced that would cancel, rescind this ban and get us back to a place in which we're working together on national security. i object to this ban because it's immoral and illegal but

also because it's making us less safe. there are terrorists online today that are using this ban to recruit lone wolf attackers to come after u.s. citizens. i've heard my republican colleagues say they don't agree with this policy. we can short circuit the court case and pass a law in the congress right now that would repeal this ban. that's what i think we should do. that would be the clearest and easiest way to get back on firm national security footing. >> have you heard enough republicans say to you that they don't agree with the travel ban to go along with legislation? >> i mean, you've heard, what, 15 to 20 republican senators that have objected to the ban. i sort of come back to the hesitancy i referenced before. i don't think they're willing to join us in any sort of frontal assault on the trump agenda this early because they don't want him to screw up their repeal of the affordable care act or their tax cut later on. this is making america less safe every day. it's making us a laughing stock all around the world if we don't

settle this sooner rather than later. it will ultimately get americans killed, i really believe that. >> senator, very quickly. you are the top democrat on the senate subcommittee on europe and regional security. it deals with u.s./russia policy. as you know, president trump has been speaking out about his thoughts on vladimir putin and russia. let me play for you about what he said about what's going on in ukraine to bill o'reilly. listen to this. >> you talked to put thyme last week. you had a busy week last week. >> busy week. busy week and a half. >> but within 24 hours of you on the phone with the russian leader the pro russian forces step up the violence in ukraine. >> yeah. >> did you take that as an insult? >> no, i didn't because we don't really know exactly what that is. they're pro forces. we don't know are they uncontrollable, are they uncontrolled? that happens also. we're going to find out. i would be surprised but we'll see. >> he doesn't know who's controlling the forces.

do you? >> everyone knows who's controlling those forces. the russians are having command and control relationship with the so-called separatists. all of their equipment, all of their fire power comes from russia. this is a russian invasion of ukraine fronted by so-called separatists on the ground, but, listen, if you want to believe the worst here, if you want to believe that putin is literally pulling the strings of this administration, then this is exactly how it would play out. you would have the president of the united states clouding the case as to whether russia is controlling this insurgency in eastern ukraine. you would have him hinting at the withdrawal of sanctions. you would be making moral equivalences between putin's killing of journalists, political opponents and u.s. military activities. this is as scary as it gets and they need to get to the bottom of what this is all about. what is this strange relationship between putin and trump? and is there something that the

russians have on him that is causing him to say these really bizarre things on an almost daily basis? >> senator chris murphy, we'll let you get back to the senate floor. thank you very much for taking the time. >> thanks a lot. quick programming note for everyone. make sure you join us tonight, senators bernie sanders and ted cruz will debate obamacare. the debate is tonight at 9:00 only on cnn. president trump is definitely sharpening his attacks on the media. he says we are intentionally underreporting terrorist attacks. is that true? let's test it next. here. giving you more time for what matters most. (team sing) safelite repair, safelite replace.

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>> breaking news. >> the second part. >> what is the president doing this. >> phillips and reporter in washington. it is false. it is patently false. i mean, it's. they poured their heart out.

>> in and out of the media. statistically speaking, there are items there. so i think it's obviously false. i would say that it's working class. and american guy. now the media wants to let foreigners in without -- you know, so they don't -- basically arguing that they have constitutional rights, they're not eastern american citizens that come here. there is a disconnect between the coverage that the media does, the breathless coverage of terrorism acts and then the commentary that follows. and i think that may be part of

what donald trump is -- the game he's playing here. >> i think there's an even clearer example and not by what the president said but what will he and his people who put together this list of several dozen events didn't say. abby, they'll say that their count stops on december 16th, but i can't -- i cannot believe that what happened in canada last week was ignored by the white house if not because demographics, who did the killing and who were the victims? you had a white guy, some people tried to say he was moroccan early on, white guy, canadian national, killed muslims. now is that killing at a mosque being ignored as representative of any of these cases of what the agenda is here? >> it's definitely telling that among that list not only was the ottawa attack not included but also several attacks all over the middle east that have killed, you know, hundreds and

thousands of muslims, some of the most deadly attacks in the last recent years were omitted from the list. i think it's telling that the narrowness of the scope for the white house is past westerners and not even so many americans because if you look at the list, a large portion of them did not happen in the united states. mostly because there have not actually been that many deadly attacks in the u.s. in recent years. but the tactic here is fear. it is about raising the specter of things unknown, of attacks that you don't even know happened even though the reality is that the media covers those attacks, i covered some of those attacks, you covered some of those attacks. we know that they happened and the american people are told when they happened. there is coverage but that's the a jekttive. >> the 78 that they decided to include, abby is on to something here, it's a bizarre list.

they include some in bangladesh, some in chad that had no casualties. now in the press we have to make priorities every day about what we are going to cover. we use our judgment every day. it feels like the end result is fear. >> i think that's certainly true. critical of the media and trump. i think in terms of the media, there has long been this notion way before cable needs that if it bleeds, it leads. if anything, i think we're bias, the media, newspapers, whatever, we're biased towards controversy and action and a lot of times it's horrible things that happen get a lot of coverage. if something doesn't happen, if it's not -- if there are not fatalities, it won't get that much coverage. that's how the media works. i do think that the media

sometimes stokes fear just like donald trump does. now the question is, is that appropriate? i would say that on one hand fear -- if you're a leader, you want people to be afraid of things that might actually happen. you need the american public to give you the political capital to do the things to anticipate future attacks and to be prudent. on the other hand, you don't want a country that is -- where everybody's running around afraid of something that, again, statistically you're probably more likely to have -- >> chris knows. you're more likely to have all sorts of -- >> hit by a meteor. >> -- peculiar things. people aren't afraid of a white guy coming into your community and blowing it up. that's not the fear. the fear is muslims. the president played on it in his election. it plays to political advantage. that's why they can't show any threat assessment that justifies the ban. the ban is justified by the fear, not the facts. >> abby, matt, thank you very

much. great to get your perspectives. look, this has been a dominant part of our american conversations, it's about the law and about the larger understandings of who we are. this battle over the president's travel ban. now how is it playing out in real time? loved ones of families affected by these countries that are now in demand, patients in need of medical care to see doctors here in the u.s. it is real. real families are going through it. we have one next. what makes this simple salad the best simple salad ever? heart healthy california walnuts. the best simple veggie dish ever? heart healthy california walnuts. the best simple dinner ever? heart healthy california walnuts. great tasting, heart healthy california walnuts. so simple. get the recipes at walnuts.org.

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okay. behind trump's travel ban are

real people. this just isn't about politics, it's about who can come in, who can't, what happens to families and students. one case led to an emotional reunion. her daughter was here to get eye surgery to save her sight. we're joined now. she has her attorneys that stepped in to try to help in this. there are teams like this all over this country. you have richard mancino and shaya. mancino, are you italian? any time. this had a good ending for you, farima. you got your daughter here. how scary was this for you as a law student?

farima is a law student at fordham university in new york. when you found out your daughter could not come, what did that mean? >> actually, i cannot describe my feelings. i had a terrible feeling like frustration and helpless. then i was in physical and emotional pain for like -- almost for few days and i was trying to figure it out, what is going on, and how that could be happen because that child needs to be here for some medical procedure and meade call procedure. i couldn't imagine that she cannot come in. so after struggling with the situation i decided to tell my

story. i told the story to my advisor and international student and then they became so sad and upset about the situation that i cannot get my child in for the very necessary medical procedure. >> it seemed curious from a legal perspective. word spread. the fordham law community reached out. you wound up getting mancino and other partners and when they came to you and you heard about this situation, what about it legally bothered you? >> well, what legally bothered me was that this executive order was preventing this young girl who was in desperate need of surgery from coming into the united states on a valid visa. we understood we were in a race against the clock. we had to devise a plan to get

alma into the united states while we had a window of opportunity while the stay of the executive order was still in place. so working with shayma and other associates at wilke, we devised -- they devised a plan which i dubbed operation alma to go and get her. >> you had a legitimate visa, it was about whether or not it would be honored. you got an experience as an attorney where you got to live out part of the controversy that you were trying to lawyer your way through. what was it like for you? because you went there, right? >> that's right. >> you wound up actually escorting the child from her father in iran through turkey and then back here. why? >> well, for us the concern was we knew that the briefing on the government's appeal of the stay of the order was going to be done by 6:00 p.m. eastern time on monday, so our largest concern was that we had at the latest until 6:00 p.m. monday to get this child in. so if we waited any longer, we

didn't know what the world was going to look like if we waited a minute longer. that's why it was important to get out there, get alma back here in time while we had the law on our side. >> you understand the conversation in the country. >> yes. >> people are afraid. muslim extremists want to kill us and now the president says we're going to keep them out and keep people safe. what do you say to people who are afraid? >> i mean, as i told you, when i revealed this story i believed and i had a strong faith this country is a special place if you just ask for help, people, they will respond to you. that's why i decided to just share my concern with the university and i got a tremendous support and help through them. fordham university and of course the wilke law firm. then i feel so confident. then i said there will be a solution, of course, for this

case. and somehow she will come, yeah. >> for this case? >> yeah. yeah. >> but now you have -- we don't know what's going to happen with the law. we'll see the ninth circuit what's going to say. your visa, do you have concerns about what if this affects me? >> yes, of course. i really have passion for this program and i already put my life in this line to come for education at the same time to pursue my child's medical needs here. so right now there is a lot of concern. it's not just me. many people like me, maybe they don't have access to the -- you know, to this platform to express their feeling, but i know every single person, every civilian, they have some main concern that -- i mean, everyone has challenges in life. maybe mine is highlighted because of the -- you know, this

wonderful people, they support me, they help me and they try to just have alma here. so i believe many people like the students, everybody who considers generally no ban to come to this country, they have their own concern and they already put their life in this field. so i think we need to just attention to this. it's very important. >> well, we're going to stay on your story. we know you have a competent legal team. you are very lucky in that regard. see what the courts say. we'll come back to you and figure out what the implications are because, as you said, there are a lot of farimas out there and almas. thank you for helping us tell the story. >> thank you for vice president, mike pence, is preparing to make history on

capitol hill today, and how pence compares to other vps, next. your insurance company

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time for cnn money now. chief business correspondent, christine romans, in our money center. what is going on? >> the trump rally on wall street has peaked according to goldman sachs. there's cooling sentiment, and among them a recent concern about where the economy is headed, and the preference for stocks over bonds after the election has fully reversed and the trade crackdowns can be disruptive for the economy. trump has filled some of the top spots for goldman sachs employees, and president trump campaigned to represent everybody. >> thank you.

vice president mike pence could make history if he has to cast the tie-breaking vote to confirm devos. and the presidential historian at princeton university. how do you see mike pence as vice president? is he joe biden or dick cheney? >> he's going to be both. he's a very important connecter to both the conservative movement and congressional republicans, and i imagine he will be like dick cheney, a big legislative person and trying to form and help shape legislation in the white house and a cleanup person, he will be sent out to try and clean up some of the more controversial statements the president makes as we saw this week with the remarks about

russia. >> he's going to be in the books if he has to cast this tie-breaking vote. how big a deal in history is this vote? >> it's a big deal. we have not had a vice president do this. we had george h.w. bush did this on a federal judge in 1986, but this is a big process. he's inserting himself on a key and very controversial nomination in which the democrats oppose, and here he is, delivering to conservatives, and i think this will be important. i think more important are the other roles. does he have some of the dick cheney role in him, and is he like walter phaupb dale under jimmy carter. >> you say one of his roles is clean up, but some of the clean up has been confusing, case in

point, ukraine. we hear president trump say one thing and then that same day, maybe hours later or the next day, we hear vice president mike pence say something different. >> within 24 hours with you on the phone with the russian leader, the pro-russian forces step up the violence in ukraine. did you take that as an insult? >> no, i didn't. because we don't know what that is. >> russia has been violating the cease-fire in ukraine, and are they on noticed as well? >> we are watching and very troubled by the increased hostiliees hostiles. >> you want to listen to the president and his national security adviser, and russia's obviously one of the key points of contention with congressional republicans, and obviously vice

president pence here is trying to reach out to them and saying you do have a voice in the oval office that is not simply going to be sympathetic to putin but rather still adversarial. you have to follow decision making and you have to see what the president writes in executive orders and where the legislation is coming out and where are the sanctions more than this back and forth we see. >> historical perspective on what line the vp has to tow in order to do this the right way. and he said russia violated the cease-fire, and that was a proposition the president was not willing to accept in his interview, and we don't know, and i have been there, it's not an open question to people on the ground. the vice president accepts the notion that it's russia motivating the hostilities on the separatist's side there.

what does the rule book tell you about how to do this job well that the vice president is undertaking. >> you can't contradict the president. pence has to figure out the insiders game, and meaning in the oval office how does he jockey with steve bannon and the advisers to make sure that perspective has influence, and he has to work on the hill. that's his base. he has congressional republicans that disagree with the president on this issue and he has to capitalize with those. we're following a lot of news this morning so let's get right to it. >> we have to defend our nation, and we will do that, believe me. >> executive order is unlawful and unconstitutional. >> it has nothing to do with religion. it's about national security. >> we are one vote away --

that's all we need. >> they sound like a bunch of crybabies. >> now is the time to put country before party. >> very, very dishonest press doesn't want to report it. >> protests will get blown out of the water, and an attack does not get coverage. >> if there's a parallel universe, there's still reality. >> announcer: this is "new day" with chris cuomo and alisyn camerota. the trump administration faces its first major legal test today, and in just hours the federal appeals court will hear arguments on the travel ban. >> you have two states suing the president saying the executive order is unconstitutional, and you have supportive briefs from a dozen attorneys general from different states as well, and the president is countering the law by