waiting for a ruling through judges would decide whether president trump travel ban can go back into effect. silence in the senate why elizabeth warren was ordered to take her seat. taking on the truth cnn jake tapper grills kellyanne conway on the falsehood she spreading. i'm max in london. this is cnn newsroom.

washington state solicitor general says reinstating donald trump travel ban would throw u.s. into chaos. the justice department attorney countered that national security decisions belong to the president and not the courts. he intense questions over whether or not executive order amounts to muslim ban. >> could the president simply say in the order we're not going to let any muslims in? >> that's not what the order does. >> could you do that? >> that's not what the order does here. >> could anybody challenge that. >> solicitor general argued that the muslim ban was the intention

of the order. >> to infer desire in the muslims are unaffected. >> there are statements we quoted in our complaint that are shocking evidence of intent to discriminate against muslim given we are have not had discovery to find out what else was said in private. >> court is expected to rule this rule this week. >> marcus mutt ner. thank you for joining us. explain why the voices are -- why muslims are being targeted here? >> the executive order in late january barred entry for seven

countries initially those who held legal permanent residents were green card holders. the question that washington state and the state of minnesota raised was whether that order was constitutional. >> so blocking entry for a group of people would be unconstitutional, that's why it's a ban for particular countries? >> well, the appeals court audio that you played focused in part around the question proceduresal question around standing whether they were allowed to bring the claim on behalf of its citizens to begin with. secondly reinvolved around the question whether that was

constitutional whether the president has the right to do so. part of the question focus on the question whether the ban was discriminatory against muslim. >> explain why that constitution? >> one was by focusing on muslims the order violates the first amendment to the u.s. constitution namely the establishment clause which prohibits the government from favoring one religion over another. the second had to do with the question of equality and the third argument was won of due process or lack thereof. >> the judge in this particular case will deliver his findings

it's not going to be end of it because the losing side will take this to the supreme court that's where the real argument will be had? >> i think that's right. there's a slightly complicated by the fact that at the moment the supreme court is short by one justice, as you reported president trump has nominated judge gorsuch in order to fill that seat. the question for the government as this point for the federal government, is whether they want to do so immediately bring the case forth immediately should they lose in front of the ninth circuit court of appeal or whether they want to hold off until such time as mr. gorsuch is confirmed. >> there's lots of questions open today we're trying to keep on top.

thank you, very much. >> the confirmation debate for mr. trump's nomination took a stunning turn. while explaining her opposition to the nomination of fellow senator jeff sessions, democratic warren read a letter from kor ret ta scott king was opposing sessions for being federal judge. he warned her she's was violating rule from impugning another senator. she continued to speak. he said he violated the rule. >> i'm surprised that the words of kor ret ta scott king are not suitable for debate in the united states senate. i ask leave of the senate to

continue my remarks. >> is there objection? >> object. >> i appeal the ruling -- >> objection is heard. senator will take her seat. >> she was warned. he was given an explanation. never the less she persisted. >> republicans voted to silence warren and now she prevented until the debate on sessions ends. the professor of university of birmingham. good to talk to you. we saw senator warren sigh len by the court.

why would senate rebuke senator like this given the -- why go this far? >> i think for two reasons. first we're in a charged political situation where there are are a number of issues around the muslim ban. i think the betsy devos vote reflected some of this political tension. the second question is jeff sessions there's question about his record. coretta scott king raised these questions. and republicans drew a political line that this could be no the discussed, whatever we discuss

about sessions the fact they raise issues about that was not part of the process. >> we're going to turn to national poll released tuesday that shows most american voters oppose president trump immigration ban and 70% of voters oppose orders suspending all immigration of syrian refugees to the u.s. the numbers are staggering. most american doesn't support the travel ban when it effects the most vulnerable. why is the trump administration ignoring this message. do they care what the americans think on this issue? >> i think the trump administration or key advisers, sean spicer, they are gamble that a significant amount of american would put a priority over what they frame national

security which is keeping muslims out of the country over concern about freedom, tolerance and compassion. the country is split over that verse values. more and more americans are thinking we welcome people who are poor and down trot ton, do we shut the doors completely. >> so much more to talk about. we have to leave it there. many thanks to you. >> thank you. a big revolution for trump adviser kellyanne conway. jake tapper asked tough questions. the interview is coming up next.

welcome back. one of president trump closest aides has been bosses defender

she has been become contender with the media. my colleague jake tapper spoke with kellyanne conway on tuesday one-on-one here is the exchange. >> joining me now kellyanne won cay. thank you for joining me. the betsy devos was confirmed today. mick pence was the first vice president ever to vote on the split. can you understand their stated concerns these republican senators what they perceive to be lack of experience with the school system? >> i think that's part of the healthy democracy. we run a big party here in the party. i'm pleased vice president cast tie breaking vote and devos will be sworn in this ceremony

5:00 p.m. today. she'll get on with the business of executing on the president's vision on education. he want to repeal core. he doesn't think parental control when he respects the fact that although public education works for many in this country, including mine, children should not be restricted because where they live. so i think secretary devos will be credible voice in that progress. >> a lot were upset when president trump was asked vladimir putin being a killer. then he explained he was talking about u.s. involvement in the war in iraq. vladimir putin is a human rights

abuser responsible for deaths in murder of political opponents and journalist. is reequating the war in iraq with what vladimir putin does? >> no. there seems to be charge after that putin is trump are bff that's is not true. he made it clear that he and trump hardly knows vladimir putin and he said that when we should refer to here. it's possible he will have a positive relationship with him, it's possible he won't. if we can come together about issues vexing the world then he will join with others who wish to do that including putin.

they have had a couple of phone calls since elected. >> he seems to be suggesting moral equivalence with putin and the united states. >> it's not. it's two different opinion on two different matters of you are characterizing this correctly that he was thinking about the war in iraq in that regard people should make the judgment for themselves. >> have they spoken since last saturday? >> no, i don't believe so. >> i want to play the clip why trump talking about media attack. >> all after europe it's happening. it's gotten to the point it's not being reported, the dishonest press doesn't want to report it. they have their reasons and you

understand that. >> after he said that, the white house released a list of attacks that he was referring to. in his words not being reported. i want to put on coverage on that. we see on the screen, dozens of my colleagues covering the bombings in brus sell. brooke baldwin reporting in paris. we are covering all the time. saying we don't cover terrorism is false. >> what the president is saying there are other attack that doesn't get as much coverage. i saw you there on the ground doing that. telling human interests story and the strategy stories and the involvement of the terrorists in

the brutal attacks. those get coverage. the other ones doesn't. >> the ones i recited were on the list. >> i'm saying the ones with high casualty, those are covered extensively. it's the other ones on the list. one is that we just can't allow ourselves to become to see this attacks as normal. the one he was referring to in the list was generated we want people to realize that then that's what leads him to want extreme vetting. number two, we have inorder nant coverage on -- candidate trump

during the republican primary. five times as much on him as the terrorist attacks. the artist named prince -- >> that's not reflected of -- >> i understand. >> your you're spinning about the idea -- he was saying the media does not cover the stories because we don't want to cover them because we have some sort of agenda and its offensive. i don't understand how the president can make an attack like that. >> there's no question about that. first of all, kcolleague across

the -- >> they were on the list of undercover attacks. >> i know what the president's point was because i discussed directly. he said we need to make sure people understand that what was said by secretary clinton is light way of referring to radical terrorism. there's a big piece of his campaign if you look at the polls, national security in terrorist was a concern. he want to show a point there's a distinction. because there seems to some issue that terrorist is not a big problem or national security is all taken care of, that's not true. when you talk about extreme vetting that is a response to terrorism globally. >> i do appreciate your siting a

cnn pole. president trump was clearly saying the media does not cover terrorist attacks that we clearly cover, and we don't do it because we don't want to do. that's not what you're saying, but that's what he is sayingment. i want to ask you in quebec city, president trump did not treat one word about this. why has the president not overed sympathy to our neighbors in the north? >> we of course are sad about loss of life here and he is talking about trying to stop terrorism and people want to do harm to this country.

i'm sure in the case of our neighbors to the north, i'm prime minister coming here they will talk about that. i will ask him, he doesn't make a comment about everything, i can tell you that the entire point i think is misinterpreted, why he wants extreme vetting, thought needed more serious screening, he is doing that in response to what he sees and hears and the continued threats of terrorists act. not like the one you're citing. put us on the record of always being sad about senseless loss of life. >> he tweeted when paris

attacks. the unrecovered document did not mention any attacks other than those committed by muslim terrorists and radical islamic terrorist is a big problem but there are sorts of horrific terrorist that take place. are these victims any less dead than the ones killed by islamic radical terrorists? >> not at all. if you look back at orlando, he was born in u.s. lives taken at the pulse nightclub. this is an issue that will continue. this president says whether lawsuit currently pending that he believes the executive order

is within his authority and duty and responsibility to do what he sees best to protect the lives and safety of americans. there are 43 or more countries that are majority muslims not op the list. this is a list that was put forth first by the -- >> absolutely. >> because they thought you need i stricter screening. >> they didn't say shutdown immigration, they said stricter screening and they put them into place. what i'm getting at here, there's a larger campaign being waged by president trump and by the white house to undermine the creditability of everybody in the news media except for certain supportive outlets. earlier today president trump made quote about the murder rate being at highest level in 47 years. he said that, he said that

nobody in the media reports on that. there's a reason. it's not true. the murder rate is not the highest in 47 year. it's much lower. it's 4.9 people per 100,000. that's dwarfed by the 1980. facts are stubborns things. >> if i can take the broader issue with our relationship with the media, i'm now being attacksed by the media, includi including network familiar to you. i have women and children, i have opioid use, i'm working on all of that. i sat in on the veterans

affairs. i know that's something near and dear to your heart. on that we agree, if we can find areas of agreement, give employee a call. i sat in on sa similar meeting in mar-a-lago over the holidays, we had the top minds and leaders in health care in the white house today to advise on the -- nobody said that. it was how do we move forward so the structure is better, the responsiveness is better. if we can find areas of agreement -- >> what reare talking about the fact that the white house is waging war on people providing information risk their lives to do so. saying all of this is fake. i would -- when it comes to the

trump administration i would much rather be covering trade and counter terrorism, instead there's attacks and falsehoods coming from the white house. for me and for you if it from not coming from the white house. >> kellyanne's response after the short break. ancestry really helped me fill in a lot of details.

. welcome back to viewers here in the united states and around the world. i'm rosemary rye church and i'm max foster. >> the judge heard arguments on tuesday that national security is president's responsibility. washington state solicitor general says reinstating the ban will throw the chaos.

>> trump has long suggested that he could be hart of his solution to the refugee crisis. they discussed working together in towns that isis strongholds. >> a tornado touched done new orleans on tuesdays. 31 were injured. it destroyed everything some family had. now before the break, you were watching cnn's jake tapper interview kellyanne conway. here is the rest of that conversation. >> what we're talking about is the fact that the white house is waging war on people providing information, sometimes risking their lives to do so. i would much rather be talking about veterans issue. i would be mush rather covering

trade, draining the swamp and counter terrorism. but it's attacks coming from the white house. it could be better if it were not coming from the white house for me and for you. >> i don't see a lot of difference in covering from when he was the candidate. some the lets, some people cover him the same way and it doesn't have great deal of respect for the office of the president. all i would say, people talk about bias it's eye of the beho beholder. i would extend olive branch out to you and you're media, i would love to talk about the human

impact of opening up dakota pipeline -- >> it costs chaos around the world. there's a court case with your justice department of course it's a huge story. >> i know it is. there are other stories. i'm trying reach out ask say when we start doing opioid use in a meaningful way, talk about a bipartisan issues, the veterans i feel like my comment wlous white house and the media have joint custody of the country for next eight years. at the same time i do have to say when we read certain words being used to describe the president of the u.s., so i am

besieging everything to cool it down a little bit. there are some stories that are false. there are some stories -- who are they talking about, where does it happen. we're here serving in the white house -- >> have you and can president trump said anything incorrect? >> i is it. i used the wrong word to describe something wrong. >> you're referring to the bowling green massacre. >> yes. i felt badly about that. i'm happy to have raised awareness. i'm told that by friday the highest was an article from three years ago it was what i was referring to. i was referring to two iraqi

nationals who came to this country and are in jail, i'm glad to have raised awareness. >> you cited a massacre that didn't happen. >> i meant to see the -- >> the media did cover the massacre. >> a little bit. we're not covering it in terms of the extreme vetting. the ap had a fact-check store that i thought was well done. the judge in the seattle case, judge robart, asked the attorney how many people have been arrested since 9/11 from the seven countries. she said i don't know. he said i'll tell the answer, it's zero. it's not true. >> kellyanne, the problem is

social securiit is difficult to hear the media makes mistakes. it's difficult to laer thhear t coming from the white house who calls us fake news for stories that they don't like. >> well, jake, we have a high respect for the truth and i can only speak for me. i'm sorry i misspoke. >> you cited it a couple times before that interview. >> i whereas misquoted. i should have said mastermind. we have a high regard, i want you to see the other facts we are doing. the people that text and write and e-mail and stop us to say thank you, it's a big country,

of people who believe he is going to improve their lives. >> sure million of americans absolutely. >> you and i sit down, you will find quickly that there are people who feel like their lives have improved because donald trump is the president. that's how presidents are judged overtime. that's how i think it's based on the accomplishment. i'm personally here, not a lot of other places because of the people. i hear you completely. and sean spicer out there doing his press briefing. i'm happy to have them to talk about what e -- >> is cnn fake news? >> no. i think there's news everywhere in conversation, on radio, that not researched when are

sometimes based on falsehoods. all the tweets story, think about our small our staff and budget was. we breathe each others breathe in the fox hold. we are close. -- >> when you say people behind you don't leak, i disabuse you of that notion. >> i'm sure that's the case. let me say something more pointantly, i'm trying to reach out and say i am open press. i put out the olive branch. i'm appreciate you having me. just last week, a very prominent editor of a left leaning outlet,

e-mailed me say i'm about to run a story on the holocaust statement. i want to give you a opportunity to response. did i swetweet about that. he said i'm sorry, you heading my head in shame. i'm told there are accounts about me and people respond. >> so it never ran? >> right. remember because -- >> the big err issue with the holocaust but it didn't mention jews. >> it didn't run. >> it didn't run because i got in the middle of it. but i'm not revealing his name.

i didn't -- >> i'm glad the reporter did his job and reached out to you before reporting anything. >> the media's errors starting pile up. it mentions things that's wrong. >> how about president's statement that are false like the murder rate is the highest it's been in almost half a century. false. how about the fact the media doesn't report on terrorist attacks. false. you can talk about some jerk making a mistake, i'm talking about the president of the united states saying things that are not true. demon straively not true. and arguably than whoever

reached you at your daughter's play. >> they distract from the things he says. >> i think i was handed a fact sheet that perhaps the president was referring to when he talked about that today. it was unbelievable productive moving section that attending. we have had increase in 2014, 2015 in rapes and assaults. he may have heard that -- >> it's fbi crime report. to say there's a spike in murder raids in 2014, 2015 is true. to say we theneed to bring it d and law and order. fine. it's highest murder rate in 47 years and the media doesn't report it. the media don't report it

because it's a lie and it's not true and for the president to say that i cannot wrap my head around it. i'll give you the last word. >> thanks for having me. i think that -- i will discuss it. i think he is relying upon data for a particular area. i'll tell you about the roundtable, this part where i'm talking about complete coverage, some of those sheriffs we allowed media in there entire time, it was president's idea. he invited them to the oval office, we heard from sheriffess who said they sat in the exact seat and felt this time there was a president who asked them what do you need,ing what is wrangle you in your community. we heard a lot of needs.

i'm happy to have that piece of that in my portfolio. families with victims -- >> i would love to cover all of that. attacks on the press, the judges, the falsehoods, all of that makes it difficult. i would love to cover that with you. kellyanne conway. thank you for your time. we peeappreciate it. >> thank you. in address to military leaders, thanked new president for exposing shortcoming and damage its place on the world stage. >> translator: remade it easy for us to reveal true face of

the united states. something we have been saying for 30 years about corruption within the government. he came out and exposed it during the campaign and after the election. he is showing the real america and the true many of america human rights. >> joining me now thank you for joining us. what's interesting about this is the these words are emboldening the lives of that nuclear deal in the first place. >> it is enboldening them what they call themselves. they are bragging about strengthing military harbor. on the other hand, interpreting this as taunt.

they say what why following up the taunt and avoid tensions and avoiding raising war as defense minister said iran is before effective deterrence for the foreign it mean they have to follow up effective deterrence, strengthing defense system. they have to be ready for confrontation. so temperatures are simmering up from at the same time effect ef deference is the ready for the war. >> whose winning the argument in

the public how with the publicry responding from the message coming from the capital? >> it's a good question. based on my there's concern. the society is concerned who is start the war and they are anticipating bad days to come. some of the people are getting ready for just out of the town if anything goes wrong. at the same time some people wishful thinking are trying to say nothing happens. trump is businessman, this is deal finally with us and make wheeling and dealing behind the curtains. thank you for joining us. we'll take a short break. still to come, barack obama find a new hobby and who he is spending time with on vacation. back in a moment.

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welcome back. former u.s. president barack obama seems to be adjusting well to life after the white house.

he taking up surfing with friend. >> he waved good-bye next things you know he flighting a kite. how is your weekend was the caption. is he allowed to have fun. why isn't he saving us. he cannot save himself from the golf course. where even an ex-president gets teased for missing a put. he photographs by the daily mail, he has hat to the back like it's 1990. get your ass back here with with respect sir.

but obama falling in the ocean as they learned new water sports. bran son learned obama kite surf and they competed to see who could stay up longer, the president won. if your missing obama, here it is. dreamed up by inventor in new hampshire. like many hugs it can be awkward. where do you put the hand painted illustration. he was devastated when donald trump won had he developed an app to turn your hug back and front, while many look like he

missing obama does look like he missing them. >> everything is fine. that's it for us. mime max foster from london. rose marry church. we'll be back with more on cnn after the short break. have laser drilled holes. they release medicine fast, for fast pain relief. tylenol®

♪ i fellow the -- >> objection has been heard. the senator will take her seat. a fiery liberal senator silenced for breaking a senate rule. or was it the republicans who broke the cardinal rule by giving a fresh megaphone to one. president's fiercest critics. >> the president's travel ban now in the hands of the appeals court. we could get a ruling at any minute. >> good morning, i'm christine romans. >> i'm john