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 going after the media

claiming falsely we are under reporting terror attacks, and we are on day 19 of the presidency. joe johns is at the white house. this is new. usually the presidents say why do you cover the terror things so much, and now we are hearing the opposite from the president. >> reporter: it's not true when you look at the record going back many, many months, chris. the immediate question, the over arching question, if you will, in that hearing later today is whether the president's travel ban will be reinstated until the substantive issues get decided, and that three-judge panel will take a look at it and tdecide te immediate fate of the travel ban. three judges will hear arguments from the justice department and from attorneys general from

washington state and minnesota. these two states argue that the trump administration has failed to show the country would be irrepublic rawbly harmed by the suspension of the ban. >> i am in this for the long haul. i believe strongly and my legal team believes strongly the order is unlawful and unconstitutional. >> and the president continuing to stoke fears, tweeting this. maintaining the executive order is a lawful exercise of the president's authority. >> he has broad discretion and we feel confident. >> reporter: the president using the legal ban to admonish dishonest media for under reporting terror attacks. >> radical islamist, it's gotten

to the point where it's being under reported. >> hours later the white house listing 78 attacks they claim the media ignored and many were, in fact, heavy covered by cnn and other organizations. during the visit to the u.s. central command on monday the president touting his election victory. >> we had a wonderful election, didn't we. >> reporter: he opens up with his relationship with former president, barack obama. >> he likes me. >> and reflected on the heated campaign and the historic moment, the two men rode together to the u.s. capitol. >> we said horrible things about each other and then we hop in the car and drive down

pennsylvania avenue together and don't talk about it. pa politics is amazing. >> reporter: what is the president going to do or say next is anybody's guess, and we have an opportunity to see him in front of the cameras three times today, including the first meeting, 9:30 eastern time with the national sheriff's association, including a number of people who have supported trump's policies. >> joe, appreciate it. donald trump says the replacement of obamacare may not happen until next year, but republicans are beginning to tkpwruplable about the repealing process. >> reporter: the top goal of the republicans for years has been to repeal and replace obamacare, but what we know is the party is not united to the policy or the timeframe that some senate republicans believe it's going to take time given the rules of the chamber, and could slip into next year, and some house

republicans believe they should move very, very quickly, and donald trump sent different messages to capitol hill saying perhaps this could slip into next year. i spoke to ted cruz, a former donald trump rival about the talk of this slip into next year, and this is what he said. >> the president has said he is committed to repealing obamacare, and republicans of both houses said we are committed to repealing obamacare, and i look forward to delivering on that. >> do you expect to be done this year? >> absolutely. >> would you be concerned if this timeframe slips into 2018? >> we need to move quickly on that promise. >> there's no unity on a plan, and there's not going to be one plan. republicans are talking about trying to replace the law piece by piece legislative and trying to do things on an administrative side, if and when

tom price gets confirmed as the health and human services secretary, and if this gets delayed into next year you bring mid-term campaign politics into it, and it gets harder to cast difficult votes and liberals and the left planning to storm the town hall meetings the way the tea party did in 2009, and you see how complicated it gets the longer it waits. >> thank you for that reporting. joining us now is republican congressman, shawn duffy of wisconsin. >> thanks for having me on. >> why is mr. trump saying the press doesn't cover terror attacks enough? >> i think you are playing into that right now. in the broader conversation you are now airing on your network the greatest hits over the last couple of years of terror attacks that have taken place

not just in america but in europe, so the conversation on terrorism as it comes through you and other networks, americans at the forefront of their mind is how dangerous terror is in their communities and are why this pause may be important, and why we take a special look at who is coming in to make sure they want to be part of the american dream and want to be peaceful and don't want to do americans harm? >> you make such a good point, in other words, we are taking the bait. >> you are, well done. you are driving the conversation. >> thank you. >> and reminding everybody. >> so in other words, this was put out by the president as a red herring to try and scare americans? >> well, not to scare, to remind. i don't know that for sure. i am sending out that proposition, because you do cover terror attacks, and they are gruesome and horrible and the american people need to know, and they are horrible hits

from what has happened to terrorism, and it reminds america what is at stake here, and when you say there is no cause for concern and we don't need to vet folks coming in from these seven countries, i think most americans go -- >> hold on, hold on, and who is saying we don't need to adequately vet? who is saying that? >> president trump is saying we need -- >> just a second. refugees are vetted by a host of agencies from the u.n. to the department of homeland security and have by biometric fingerprinting -- >> two years. what is your concerned then to say let's take a 90-day pause and let the new administration actually analyze the vetting system and make sure that the people coming in are here to

live the american dream, and by the way it's this president's responsibility and this congress's responsibility to make sure we keep our people safe. >> what part of that are we not doing right right now? >> this is for the administration to determine, and they want to take a pause and say let's pause and see how we are vetting folks, and it's a 90-120-day pause to analyze, it's not a lifetime ban, it's 120 days to 90 days -- >> not for syrian refugees. >> until in syria, until they figure out the civil war and a hotbed for terrorism, but the six other countries -- >> arguably the refugees in syria, the women and children there we see from all of our reporting, and we have cnn

correspondents who are brave enough to go there and report and show they are under siege and why can't they come in? >> i am speculating on the administration, they may think you need a longer time period to adequately vet the folks in syria. you don't have a government or paper trail and it takes far longer to make sure the people you are bringing in are true refugees. we heard from the terrorists themselves they are trying to infiltrate the refugee program, and that's from the epicenter of isis that is in syria. we should have a greater pause of those that come in from the countries. i want to be clear with you, alisyn. i have a warm heart and open hands to those true refugees that are out there living in hell in these countries, as you mention, women and children -- >> how does banning them indefinitely help them? >> i don't think it will be

indefinitely but will be longer to the 90 to 120 days, and the administration recognizes it will take longer to make sure we are bringing in the right folks from syria and not anybody infiltrated from isis. >> what i hear you saying is that americans should be worried, americans should be very worried about terrorism around the globe. now, you know that more americans are killed by lightning strikes every year than by terrorism, so how much do you want americans to worry about terrorism here? >> i would just tell you, if you go to the gay nightclub in orlando and talk about what this means to that community, and you want to compare that terror attack to lightning, alisyn, or you want to go to boston for the bombing and talk to those in boston who were bombed by radical islamic terrorists and say you want to compare that to lightning, i challenge you to have that conversation.

>> we did go there. let me be clear -- >> lightning may be random, but this is purposeful, and it's death, and if the government could prevent lightning, you know what, from killing people, we would, but if we can prevent terror attacks. >> i did go to the pulse nightclub and spend days there and did interview people of friends that had friends killed -- >> they would not want you to compare that to lightning, alisyn. if you go to nice -- >> i did. i did, congressman. i went to all of those places. let me tell you what you told me. they did not want people to feel more divided. they wanted love after that. they felt that love was the answer. these are quotes i am telling you. they felt the only way to bring people together was through love, and not by pointing to people who are the enemy. don't you, as a leader, need to

explain to people whether or not fears is valid. >> i'm a lover. in that light club and at the boston bombing and in nice before the truck mowed down 80 something people, love didn't quell the hearts of these radical people, love couldn't do that. we have to look and say what is motivating these folks who are taking up arms and trucks and knives and killing innocence. we are having a pause for 90 days. why is that so radical? why is that so extreme that we can't say, mr. trump, you talked about this on the campaign, and you are going to take 90-120-day pause, and if you want to analyze the vetting system that has taken place for two years, we will give you that pause and that's not radical, if you can prevent another boston or orlando nightclub, i will give you that space to do that. why can't we as a country come

together and as networks come together and give the guy a break and let him protect us. give him a shot. >> why isn't the president talking about the white terrorists who mowed down six muslims praying at their mosque? >> i don't know. there's a difference again, death and murder on both sides is wrong, but if you want to take the dozens of scenarios where isis-inspired attacks have taken innocence, and you give one example of what was in canada, i will condemn them all. you don't have a group like isis or al qaeda that is inspiring around the world, that was a one off, alisyn. >> hold on a second, congressman. you don't think there are white extremists? you don't remember oklahoma city? you don't think this guy who was involved in the mosque shootings said that he was inspired by things that he read online?

>> so you give me two examples, right? in recent time we will talk about the one example, and there's radicals all over the world and here in america, and now that will take up arms and do bad things. but if you want to compare this one person in the last ten years that you can give an example of, oklahoma city bombing was 20 years ago, and that's different than the whole movement that has taken place through isis, and inspired attacks. are you going to compare the one attack up in canada to all the death and destruction -- >> how about charleston, congressman? he was a white extremist? >> yeah, he was. >> that doesn't matter? >> no, it does matter. look at the good things that came from it. they took the confederate flag, and that was great.

you have radical islamic terrorists and isis driving the attacks, and if you want to compare those two maybe you can throw another one -- >> you can. >> look at gabby giffords. the leftist guy that shot her, and now you see people burning and beating people with trump hats. >> congressman, just to be clear -- >> the left has to say violence is wrong, and love and peace, as you brought up in san bernardino -- >> orlando. >> thank you. people get beat up for wearing a donald trump hat, and stores get vandalized and they burn and they beat, and where does the left and cnn and msnbc stand up and say this is wrong? >> yeah, it's wrong when muslims are attacks as well, and when swastikas are spray-painted on

buildings. >> come on. >> why do you think when it's a white terrorists, it's an isolated incident? >> what i am saying is you have a cell, a heart, a beat of isis inspiring people around the world. do you deny that? they are going to europe and coming to america, whether it's lone wolves, so what is the heartbeat of the attack that you referenced in the mosque? or what happened in charleston? >> extremism. hatred. >> how should we vet that to keep ourselves safe? i will join you in that effort, what do you do? >> this is what the shooter said it was. white supremacy. >> yeah, it's horrible. what do we do on the white supremacy front to make sure we don't have another attack like charleston? >> speak out about it, and crack down on it, and talk about it as much as we -- >> yes, yes skphrapl -- yes!

so let's crack down on isis, and let's crack down to the seven terror countries that are riddles with terrorists and give donald trump 90 days, or 120 days, give him a pause to make sure he can keep us safe. if we could have vetted that guy that went into the mosque in canada or the guy that went into the church in charleston and kept them from those deaths, wouldn't we do that? if we try to prevent those attacks in america, why couldn't we protect america from those that want to do us harm. >> the only problem with your argument is there is no terror attack that a refugee -- no deadly terror attack that a refugee has been responsible for, and -- >> there has been in europe. why not learn from europe and say we can take a pause, and we

can review and analyze and then we can bring those people in who are truly victims, and want to come in and need a refugee status and need a new home. i am with you on that front. >> congressman, thank you for the debate. nice to talk to you as always. be sure to join us tonight, senators bernie sanders and ted cruz will have their own debate about the future of obamacare. jake tapper and dana bash will host the town hall. we have breaking news and it's about terrorism or perceived terrorism from afghanistan. 20 people dead following an explosion outside the supreme court building in kabul. >> and then targeting the head of al qaeda in the arabian

peninsula, and the u.s. central command disputes the claims saying there was no intelligence suggesting that he was there, but the al qaeda leader released a message after the raid taunting president trump. >> murder, death, is that all that is going on in the world? no, former president obama, he is vacationing in the british virgin islands, and taking a look. who could stand up the longest after obama learned how to kite surf? the winner? barack hussein obama. >> first of all, i feel like he's rubbing in his vacation, like you guys all take it from here. >> knowing the man, i guess there's part of him where he is dying inside that he is not part

of the epic challenges -- >> doesn't look like he's dying inside? >> you have been on one of those. you are holding on and focusing on nothing else. president trump now seeming to cast doubt on russia's role in the fighting going on in ukraine. why is he defending putin? we will speak to a former house of the intelligence committee about this next. 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.

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and russia's potential role there. take a listen. >> you talk to putin last week. you had a busy week last week. >> yeah, 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. >> do you take that as an insult? >> no, i didn't because we don't know exactly what that is. they are pro forces, are they uncontrolled? we will find out and i wouldn't be surprised but we will see. >> joining us now is jane harmon, and ceo of the wilson cent center. the president tweeting and just defending him again, and i don't know putin, and obama could make a deal with iran, number one in terror no problem.

this is an extension of the pattern of sheltering russia from what the president deems undue scrutiny. >> i was in ukraine with madeline albright and others during the election, and there was no question that russian forces -- little green men, were destabilizing the eastern part of ukraine, and russia has annexed crimea, historically, yes, and it was not recently part of russia. so russia is meddling in ukraine, and there's absolute evidence, and russia shot down -- >> we went to ukraine to cover that thinking that was bad enough, and cnn was among the only to have anchors and stuff on the ground the way we did, and it turned into an ongoing civil war. there was no secret that russia was motivating it. they set up a puppet fake prime

minister of the region, and there was a known russian intel agent running the operation, and nobody disputed it, and now it seems our president is. what is your take? >> let's talk about deals. he says there's some moral equivalency to making a deal with russia and the deal with iran, and the deal with iran that six countries, including china and russia made and the u.s. was to curb its bad behavior and contain its nuclear capacity for 15 to 25 years and perhaps forever. it was not a deal -- it was a transaction and not a transformation, and iran is still behaving badly through -- >> that's why it is easy to criticize, and it's a bad actor and now you gave it millions to fuel it and it was a bad deal. >> my view was it was a good deal for the deal that it was. we should probably do more against iran to curb its bad

behavior in the region, and i think the congress and the trump administration will agree with that. by the way, trump should enable congress to work with him rather than make it an enemy, and there are democrats in congress that would work with him on this. back to russia, and talking to russia is fine at all levels and that's a good idea and we did it in the cold war, and the deal we should make with russia if we make a deal, first, is to curb its bad behavior, and it's hacking and propaganda of elections, and germany and france are having big elections this year and there's a reason to expect the propaganda will run there, and the existence of the eu and the european alliance is at stake there. i think we all have something in common. >> trump's adviser came on yesterday and said it's fake news and bias to take the president saying what about us,

you think we are so innocent? what do you think we do? >> i think there's no moral equivalence -- zero, and the good news is many members of trump's cabinet and vice president are speaking out about russia's bad behavior. i get the idea that he thinks he can make deals with foreign leaders. i don't have a problem with that. but there's a word that doesn't apply in real estate, and that's called linkage. putin blasted trump the other day because of his criticism of iran, and russia is working with iran and syria on behalf of a war criminal leader of that country because russia fears isis. >> what is your defense of the ban against this criticism? i am afraid muslims, extreme islamists, whatever you want to call them, they are trying to kill me, and you and alisyn can

list all the white groups you want in these cases that happen, and i know isis is out there and the fact they haven't shouldn't make you so comfortable to stop them from coming in as long as we possibly can. >> i want to be safe and i want trump and his administration to keep me safe, and by the way we have not had a catastrophic attack since 9/11 -- >> so we only plan after we get attacks? >> no, we have to surge our intelligence to find out what plots are out there, and that's the best way to protect us. we have to make sure that we have seamless communication among the fbi and law enforcement, and our intel agencies in the u.s. to know who is here, but a blanket ban on refugees, who are not the problem, and alisyn did a brilliant job in the last interview by the way -- >> thank you -- >> i object.

i am trying to test the proposition. don't try to curry favor with her. >> want to get me started? at any rate, a blanket ban -- he's asking the wrong question, and how do we identify the bad guys, and homegrown terrorism is a bigger problem, and identify them before they hurt us. >> that works. thank you. >> the legal battle over trump's travel ban is facing a big test today. what happens if the losing side then appeals, when would this go to the supreme court? what would that look like? we take a look at all that next. 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.

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three federal appeals court judges will hear argument this afternoon on president trump's travel ban. the losing side is expected to appeal, and that would set the stage for a supreme court showdown. joining us is a former ethics

czar for the obama white house, and a former trump campaign senior adviser. norman, you oppose mr. trump's travel ban, so if you were going in front of these three federal judges, what would be your argument to them today? >> alisyn, thank you for having me and it's nice to be here in person for a change. >> nice to have you here in person. >> i would tell the judges that they have a full co-equal responsibility with the president, the executive branch, and the legislature, congress, for defending the constitution of the united states. donald trump has trance tkpwresed the constitution and the laws of the united states, not once with this executive order, but again and again and again. >> doesn't the president have ultimate authority to keep america safe on issues of national security? >> the ultimate authority in the united states, alisyn, is the constitution. he's not allowed to discriminate

on the basis of religion. he does. he didn't -- >> i don't think the travel ban mentions religion. >> we know what is going on with the travel ban, it's a muslim ban. >> alisyn? >> if you were the judge, you need to apply strict scrutiny. if you look at what his allies have said, and also equal protection, and statutory violations. >> go ahead. >> norm just happens to be factually wrong. the federal district court judge in boston said the opposite, he said it was well within the president's power, and found it specifically not to target muslims and therefore did not act. there are two different judges here taking two different opinions. so norm is factually wrong

because a federal court judge already spoke to that. >> go ahead, norm. a judge disagrees with you. >> you have one judge who has put in a tro, and -- >> yeah, in washington. >> and you have a judge in boston that disagrees, but those are not -- let me finish, please. those are not the only two judges that spoke. judges across the country have joined this unconstitutional ban. >> what other judges? >> it's the equal protection. >> what other judges? >> you hear david saying he doesn't believe there are judges -- >> what other judges? >> there has been a series of courts that have injoined portions. you don't disagree portions have been en joined. >> what is your argument to those federal judges today for

why they should see this so clearly? >> alisyn, it's clear the president has authority granted under the constitution and by the congress to do what he did in our national security. the president is given wide latitude with respect to the immigration. >> he has wide latitude and not unlimited latitude and that's why it's going to go to the supreme court because the president cannot discriminate against lawful green card holders, and he can't discriminate against students on the basis of -- >> norm, that's your opinion. >> let me finish, please.

>> david, i will give you the last word. do you also think this is going to the supreme court and what happens there with the 4-4 split. >> alisyn, it will go to the supreme court and i don't think it will be heard until we have judge gorsuch confirmed in the fall. >> that gives us a little taste of what we might see today. thank you. >> unless the court feels it has a decision on it, maybe they don't take it until they have a full bench. and obamacare could be around longer than what republicans planned. is that necessarily a bad thing? next. giving you more time for what matters most. (team sing) safelite repair, safelite replace. won't replace the full value of your totaled new car. the guy says you picked the wrong insurance plan.

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two states suing the president say his order is unconstitutional. democrats staging a marathon protest on the senate floor and hoping to block the confirmation of betsy devos today at noon. the yemen raid last month to capture the top chief, and he was not caught. the collegiate sports authority says it will ban them from holding championship games until changed. the fifth celebration, this, of course, the biggie, the thrilling come-from-behind overtime historic win that cemented that man's place as the

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so during the campaign, trump promised to repeal obamacare on day one. and now it may not happen until next year. and let's get to our correspondent from the washington examiner. this is no surprise, it was never going to be repealed and replaced on day one. >> no, and it's not just a big entitlement program.

what president obama and the democrats did is completely overhaul how the health care system works, and its ten kulz are everywhere. >> they just did not over shoot with timing, though, they over shot with their apprisal as well? when you listen to the rhetoric, it's a disaster and huge mess. ron brownstein has been doing the reconstruction of what the ideas are and he can't find ideas being floated around now that won't leave people vulnerable and that doesn't punish the group that got donald trump elected in the states where he needed to win in order to win the election. >> that's all true.

what republicans have going for them is that obamacare has not been operating as advertised, either. premiums and prices are rising, and there are problems with access to the kind of care people want, and they are loaded up with insurance plans they don't want and not giving enough of what they do want, and so what republicans have to figure out on the house side, for instance, they have not picked a replacement plan. i have been talking to members of congress and asking, and do you have a plan and you don't want to reveal it yet but you have it, and they have a lot of ideas, but they have not picked a replacement plan -- >> they will probably do it piecemeal, right? >> yes, they don't want to do a 3,000-page bill. i think they will get around to it, and look for many bills attacking different parts of the health care problem, and they have to first pick a plan, and the senate has to decide what it wants, and i hear senate

republicans may be a little further along, and then they have to know exactly what president trump wants and what he doesn't want. what will he accept -- >> it requires democrats, and who knows. >> trump is go to get his person until they sway republicans. >> i don't think there are enough republicans left that are vulnerable or don't need to be with trump even if they could be vulnerable because they were not supportive enough of him in the election -- >> who wants to be the senator who has the whole thing hung on his or her head? >> the deciding vote. >> right. >> there's a difference of education policy between the right and left and i think you are seeing that play out with the argument of devos, and the

reason we are seeing the fight with devos with the all-night speaking on the floor by the democrats is this happens the weakest link the president has put up so far because they were one vote away from losing, and so this is where they decided to fight because that's what the democratic base wants, fight, fight, fight. >> and they are also fighting on the ban. we will see what the courts do, but from a political perspective, is this a must win for the president? >> i think for the reputation of his white house in terms of knowing what it is doing, being completely struck down by the courts and being forced to go back to square one i think would be a bit of an embarrassmenemba. there's a lot of support to beef up the security -- >> everybody wants to be safer. >> can you talk to particularly republicans on the hill, syrian,

it's lawless, and we can't properly vet people even though we would like to, and i would like to see if the president goes through congress where his executive order would be much stronger. >> appreciate the bottom line, my friend, as always. "newsroom" with poppy harlow and john berman begins right after this break. have a good morning.

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good morning, everyone. i am poppy harlow. >> i am john berman. thank you for joining us. this morning the fate of the president's most controversial acts is very much in question and the truth of one of his controversial statements is beyond question, really. later today three federal judges will hear arguments on the telephone on whether to reinstate the travel bans on seven muslim nations. this comes as the president says the media does not report terror attacks, which is not true. the president's nominee for education secretary, and vice president pence is expected to break the tie when the senate votes later today. a lot going on. good morning, joe. >> reporter: good morning, poppy. the