toatrney general. >> so the massachusetts attorney general was cut off. questioning the civil rights record. this comes as we have it all covered for you. let's begin where at this hour democrats continue to hold the senate floor. what's the latest? >> that's great. democrats held the floor all throughout the night and they continue at this moment down on the senate floor railing against senator sessions to be the next attorney general but it was really that moment, that remarkable clash between senate leader mitch mcconnell that is how hostile it has become up here on the hill.

>> a stunning moment on the senate floor. >> i am surprised that the words of coretta scott king are not suitable for debate in the united states senate. >> democratic senator elizabeth warren silenced by her republican colleagues. >> the senator will take her seat. >> the incredibly rare dressing down stemming from this statement. >> mr. sessions has used the awesome power of his office to chill the free exercise of the vote by black citizens. warren voting a scathing 1968 letter from martin luther king's widow opposing his failed nomination to a federal judgeship to explain why she is against session's current bid to be attorney general. >> it's a violation of rule 19 of the standing rules of the senate to have any conduct or

motive unworthy or becoming a senator. >> republicans arguing warren violated senate rules by demeaning a sitting senator. >> you stated that a sitting senator is a disgrace to the department of justice. >> she was warned. she was given an explanation. nev nevertheless she persisted. >> i appeal the ruling of the chair. >> but the senate voted strictly down party lines to reprimand warren prohibiting her from speaking on the floor for the remainder of the session's debate. >> the truth hurts but that's all the more reason to hear it. >> refusing to be silenced warren taking to social media continuing to read scott king's letter on facebook live and calling into cnn. >> they can shut me up but they can't change the ruth truth. >> despite all the fireworks

last night, senator sessions by the end of the day most likely will be confirmed to go on as the next attorney general to be sworn in likely at some point later today. this as becky d efrevos was confirmed and sworn in by mike pence. they want the senate to quicken the pace. >> thank you very much. let's discuss. we have cnn political analyst david gregory. and washington post reporter abby phillip and cnn political commentator and senior columnist for the daily beast matt lewis. what rule are we talking about here? rule 19. senators are not allowed to quote directly or indirectly by any form of words impute to another senator or to other senators any conduct or motive unworthy or unbecoming a senator. >> that clears it up. >> basically, here's the irony

is that this rule was designed for a sense of decency in political discourse. >> the senate is known for more than the house. >> but it's been blown out of the water by the current toxic environment and matt lewis you have that paradox wrapped in the irony that the words of coretta scott king are not worthy to debate on the senate floor. that's what she did. she quoted the letter. is this the right call? >> mitch mcconnell knows senate rules better than anyone. she was violating that. it's put in place to have dec decorum. >> it guarentees she would get blown up with attention. >> as a public relations mistake. this would have worked a generation ago maybe before 24/7

cable news. in this case i think what mitch mcconnell did was make sure that vastly more people will be aware of it. >> but david gregory, is a 30-year-old letter relevant to a confirmation hearing today for jeff sessions? >> well, that's a separate debate and i think that goes into a different column than debating the rules themselves. she is rehashing a part of a debate about how sessions was denied by the senate a chance to become a federal judge and there's been arguments on both sides of that as to whether that's fair. what's clear is that democrats have dug in and are mounting a resistance to sessions. will he be someone that protects immigrants in this country? will he protect civil rights? will he stand up to president trump? do you see now democrats fighting where they can. manipulating the senate rules where they can to slow things down. they're not going to prevail in the end. this makes people discuss it on

both sides. certainly the republicans have said things that seem to be against the spirit of the very rule that was invoked but what mcconnell achieves at least in the short-term is to shut this part of the debate down and get closer to the confirmation which is what the white house wants. >> so then elizabeth warren took to facebook and read the letter and had a much larger audience than she would have if they had allowed her to continue reading this where a few insomniacs would have seen it. how do you see what transpired? >> it's fast nating to see the democratic party find their sea legs here. they're looking for opportunities to catch the attention of the american public and fire up their base. last night was an example of how they can do that the amount of

attention being shutdown on the senate floor it's become a hashtag and t-shirts and a rallying cry and for a party that needs a new leader and elizabeth warren is among the people trying to be that person. this was a picture perfect moment for her. where he take it from here remains to be seen. jeff sessions is going to be confirmed by the end of the day. i don't think that even reading the letter would have changed any minds but it did i think really fire up the democratic base that's looking for a cause and looking for a leader and has elevated he liz belg warren's position within her own party. >> i'm surprised we haven't seen more democrats start reading the letter and get this cascade of people being silenced by mitch mcconnell. that would be to much more political effect than anything else but who is the idea going

forward? this idea that they're searching for a base and message and to reconnect. is obstruction like we're seeing here and on the other votes that they're promising to delay enough? >> it's not enough to achieve what they're after. they're trying to block sessions, the answer is no. but if they're trying to mount a real resistance that pleases the progressive base of the democratic party then perhaps yes. i remember a couple of years ago when ted cruz was mounting a shutdown and he did not have support among republicans to do that but he had supports among a base of the republican party, the tea party wing. now they're full on. it's going to be good publicity

for them to drive that base and oppose trump everywhere in order to prevail perhaps somewhere or at least stand on principle. they're playing a longer game now and they're trying to use the senate as ground zero to do it. >> obviously president trump had a fraction of his no, ma'am niece confirmed but there's two different narratives. two different versions of what went wrong here according to the democrats these no, ma'am niece didn't provide background material that the democrats wanted. which one is it? >> it's both and it's in the eye of the beholder but i would say this. i think that there's the notion that democrats can replicate the tea party strategy of obstruction and get away with it and end up 8 years from now with the presidency and supreme court

and senate and part of the problems that democrats have is the tea party movement is let me telled with a movement. if they make it look like government can't get things done it cuts against their ban. >> the president's controversial travel ban. what's going to happen? the judges seem to be focussing on whether the president's immigration order is a muslim ban and whether or not the state of washington has standing which means they are the right party to bring this case at this moment joe johns is live at the white house with more. these judges put council on both sides to the task in this hearing. >> that's absolutely right.

extremely tough questions on both sides and the decision could come as early as today on whether to lift the nationwide hold on president trump's controversial travel ban. >> three federal judges grilling lawyers from the justice department and washington state on a hearing by phone. both sides fighting back skepticism from the court. >> the justice department attorney arguing president trump has the legal authority to impose a travel ban without court review citing national security. >> the president's decision in that regard is unreviewable. >> yes. >> he's pushing back on the

logic. >> could the president simply say in the order we're not going to let any muslims in? >> that's not what the order does here. >> could he do that? >> that's not what the order does. >> would anybody be able to challenge that? >> that's not what the order does here. >> acknowledging his argument might not be working. >> he shows a direct intent to discriminate against muslims. >> i have trouble understanding why we're supposed to infer religious an mouse when the vast majority would not be effected. >> you know it's very clear that we do not need to prove that this harms only muslims or every muslim. we just need to prove that it was motivated in part by a desire to harm muslims. >> do i have to believe everything you allege and say

well that must be right? that's not the standard. >> president trump continues defending his ban. >> i'm all in favor of that. some things are common sense. this is common sense. >> while the president's new homeland security secretary hold a house committee he regrets how the presidential order was rolled out. >> i should have delayed it a bit so i could talk to members of congress. particularly the leadership of committees like this to prepare them for what was coming. >> needless to say the white house was very closely watching developments on the west coast especially if the court decides to hear it eventually one way or the other this case is likely to end up here in washington at the united states supreme court. >> thank you very much. so today the world awaits that ruling from the 9th circuit court. did the judges give any clues about how they will rule? we'll ask our legal experts, next.

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>> would the panel just reinstate just parts of the ban. we have professor ameritis at harvard university and cnn senior legal analyst and former federal prosecutor award winning writer. >> so let's remind people who these judges are. just so people understand.

>> once the united states government communicated to homeland security and the airports let them in they're not going to now say stop them again maybe we'll let them in in a week when we decided it so i think that the washington state is going to win the first battles. they're going to win the battle to allow the state to continue. they're going to probably win the battle if it goes up to the supreme court. but i think that the trump administrati administration. i think they lack standing. the question that they put was a very good one. what if all the muslims were banned. that would be such a fundamental violation of right. i want to give you an example.

19 of 44. congress passed the war and rescue act. it was designed specifically to rescue jews and jews explicitly from the holocaust. that was the problem and you focus on 7 countries that we'll focus on previously by the obama administration and so i think the argument that this is an establishment violation will not ultimately prevail in the supreme court but i think that the state of washington judge is going to win up to now. >> they're never going to do that. the trump administration is not in the business of saying oh we were wrong. let's start over. >> oh you want some independent

thinking from your branches too? let's see if the justice department has a different reckoning but they're flying without a leader now. sessions is getting beaten up with his confirmation hearing. let's play some sound. here's what one of the back and forths were about banning muslims. >> could the president simply say in the order and we're not going to let any muslims in. that's not what the order does here. >> would anybody be able to challenge them. >> that's not what the order does here. >> that speaks back to the standing issue. if the order said muslims cannot be admitted would anybody have standing to challenge that. >> this is very interesting and maybe it's just the legal mind but what i was hearing here was

you'd think it was almost a rhetorical question. can he ban all muslims? probably not but the judges wanted to get to whether or not the state would recognize a limitation on this power but a big part of the cases are national security, plenty of authorities to say he can't be checked. >> that's why this case was so hard. he had a firm prediction on how it's going to come out. there's really good arguments on both sides here. and i think a real problem with the state of washington in this case is the national security argument. and these judges are sitting there in the chambers. how are they supposed to evaluate the threat of islamic terrorism is in this country? how do they know what the intelligence shows, what, you know, nsa intercepts show. they're not qualified to make this judgment. we give that power in this country to the president of the united states and the risk of

interrogating the president about his decision making power, process is something that courts have shied away from. >> professor, let's end on this. it seems that as we have seen on the political side we may be seeing on the legal side that the president has to get his own way. the judges were motivated about what they heard about the motivations on behalf of the president for doing this. it was his feelings about muslims during the campaign. what's the most likely outcome when they render a hearing today, tomorrow, whatever? when they render a verdict? >> the most likely outcome is that it will continue. the courts will consider what the president said and what rudy said but in the end they'll look at the text of the statute itself. i agree. this is a question.

>> we'll get to this certainly by the end of the week. >> i got that prediction. >> allison. >> thanks guys. senators bernie sanders and ted cruz laying out two very different visions for the future of health care in a cnn primetime debate what do they think is ahead for obamacare? that's next. with car insurance, and i was not happy with the customer service. we have switched back over and we feel like we're back home now. the process through usaa is so effortless, that you feel like you're a part of the family. i love that i can pass the membership to my children, and that they can be protected. we're the williams family, and we're usaa members for life. call usaa today

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>> debating the future of obamacare in a primetime town hall event. he wants every bit of this repealed while sanders wants to guarentee health care for all. how did that go? she is live in washington to tell us what were their points. >> good morning allison as you can imagine there's no ordinary town hall and primetime over

obamacare at times contentious and saying that president obama lied to americans while senator sanders defending the impact of this law for some 20 million americans. >> bernie sanders and ted cruz facing off over president trump's promise to repeal and replace obamacare. >> should congress move swiftly to appeal obamacare? >> the absolute repeal of obamacare without improvements in it. without a plan to make it better. could be an absolute disaster. >> the two senators laying out shortly contrasted views of health care in america. >> it's access to health care. what is a right is choosing your own doctor. >> go out and get a really great health insurance program. you can't do it because you can't afford it. that's what he is saying. access to what? you want to buy one of donald trump's mansions. you have access to that as well.

oh you can't afford $5 million per house? access doesn't mean a thing. >> finding common ground on problems in health care. >> the insurance companies and those in government whose solution is has even more government control. >> he is right. >> but disagreeing on solutions. >> single payer program. >> private insurance companies out of our life. the answer is empower you and give you choices and lower premiums and lower deductibles. >> they will continue to protect people with pre-existing conditions. a key tenant of the law. >> all of them prohibit insurance companies from cancelling someone because they got sick. they prohibit insurance companies from jacking up the insurance rates because they got sick or injured.

>> i cannot believe what you just said. it's a direct contradiction for everything you ran for president on. >> sanders also giving tough advice for the salon owner feeling restricted by the law. >> how do i grow my business? how do i employ more americans without either raising the prices to my customers or lowering wages to my employees? >> i'm sorry. i think that in america today everybody should have health care. if you have more than 50 people yes you should be provided insurance. >> as republicans are growing how quickly they can repeal obamacare president trump is conceding this week replacing it is not going to happen as he promised on the campaign trail but could take up until next year to complete, chris. >> that's what made the debate so interesting. which ideas will win out? thank you very much. repeal and replace obamacare as you're hearing all morning is easier said than done.

is there actually a plan to even do that? let's give you the facts, next.

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get the policies that meet your needs. >> what ted is really telling you is they will not guarentee coverage. >> ted cruz and bernie sanders facing off at a cnn town hall debate. was there any plan on replacing it? any common ground. david gregory i'll start with you, fast nating to hear both of these guys on opposite sides of the issue but where does it leave us? >> confused, i have to say, because we're really going back to the original obamacare debate. when which is how do you move the market in a sufficient way

to guarentee coverage for millions, tens of millions of americans without government putting it's finger on the scale to really bring all of that leverage to the market to provide those guarentees. that whole debate about federal mandates. if you create a situation of choice and access do you still get sufficient prices low. one of the areas that does not work successfully and to pay and the other political piece ifs they do take obamacare away without a immediate replacement it becomes a huge political problem because you can't take a benefit away once given and there's a lot of people benefitting from obamacare and it's not at all clear that the president or republicans are set in their own strategy of what replaces it which is a lot of

debate and political capital that has to be expended while democrats keep churning the political issue. >> what was interesting last night is proves as a good example of what republicans want to be on this issue and bernie sanders isn't representative of his party in the main. he doesn't like aca either. he thinks it should be more inclusive than it is right now. it's because they think it does too much. he wants it to go even farther. do the democrats own this basic problem. >> interestingly enough i think democrats are actually in probably one of the better positions on this issue in quite sometime. they're recognizing that it's expensive to do that in order to

make them work and provide subsidies and you're seeing them moderate their expectations and democrats are sitting back and it's actually a lot harder than it looks and what we're going to end up with is a lot of the same basic structures of obamacare but with some tweaks on the edges they're going to call it repeal and replace. parts of it are going to be changed but by and large the basic structure of the bill is going to be largely the same and you'll hear a lot of talk about taking power away from washington and moving it back to the states. there's going to be structural changes and having to keep large chunks of this bill in place as to not totally upset the apple cart. >> i think they're going to burn this thing to the ground.

they promised to burn the thing to the ground and if a lot of people lose insurance too bad. that's what the republican party stands for. >> that's not what senator lamar alexander is saying. he's already talking about repair. he's not saying repeal or replace anymore. let me read to you his plan. he said i think of obamacare like a collapsing bridge. the first thing you would do is send in a rescue crew to repair it temporarily so no one else is hurt. and their own plans for providing access. >> i don't know what it means but i like the metaphor. >> it's a sign that republicans are not going to burn it down. my premiums went up and this notion that we're going to get rid of obama's legacy is a false one. it's something that can't be

repealed. that shift the paradigm where it's the expectation of government to provide access to health care, whatever that means. i don't see republicans going backwards to throwing people off of insurance. a couple of weeks ago i called several conservative leading health care experts and said i wanted to write a piece that was like this is how republicans are going to -- >> what does that mean access? i thought bernie was very good on this last night. we have universal access in this country to bmws. all you need is money. you can only have access. it's to repeal and replace and some republicans are some of my best friends but they care about

winning elections and to throw people off of insurance i think is very politically unsound. >> perhaps you think they're going to throw millions of people, tens of millions off of their insurance. >> i don't know about that. >> more than 20 million. >> more than 20 million. >> final point, we got to go. >> some of the policy issues i think some republicans including the president want to retain popular aspects of obamacare which makes us burning it down to the ground politically and technically difficult. >> exactly right. it doesn't want to do that. not only is it complex it was greatly distorted. and going forward we're going to give you the facts of what happens with the different changes. >> millions in the northeast are bracing in a snowstorm. there will be no laughing when

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>> it's seated 135 miles per hour. the path of destruction is really horrible. so many families are now displaced all the kinds of property damage they're used to seeing. they were all put there in combinations. the lord blessed them because no one was killed and very few injuries reported but the need is great. help if you can. >> incredible when you see the pictures. there's a significant winter storm with a lot of snow. >> we talked about this yesterday. a storm coming in over chicago and iowa right now headed to new york. you wouldn't know it though. it's going to be 60 degrees or almost in new york city today.

it's probably 5 to 7 inches in many cities. this is not going to be that 20 inch snow maker because it isn't going to last very long. going to be snowing by 3:00 or 4:00 in the morning but over by noon and gone completely offshore. you don't get 20 inch snowfalls if you only get snow and we even have some spots that could pick up a foot. likely all the way down and i'm thinking in the neighborhood of 5 to 7. the same number hi yesterday. maybe more up toward coastal parts of connecticut. what tomorrow looks like. is it going to be a problem? yes. why because it's thursday. the snow doesn't come in on the weekend, new york city looks like a snow globe. >> that's pretty. >> looking like king kong. >> i like it. thank you chad. >> so the patriots through the streets of boston celebrating

their fifth super bowl. >> this one is extra special not only because of the way they won and also because the fans ever considered it, turning now for the party and the snow yesterday and he was having a blast with his 7-year-old son and brady took the mike to thank all the fans that were there. >> that game was hard. that game was real hard. >> we got your back. we know you got our back. that's number five. >> most fans across the country just dreamed to go to a championship parade.

15 years old. 10 championship parades. by far the most spoiled. holding a press conference saying they are taking this case very seriously and they have their top guys on it. i'm not sure that will ever turn up. >> yes it is missing in action. those are some awesome moves by tom brady's son. >> thank you very much. so the white house is reportedly ramping up it's search for a new communications director after press secretary sean spicers rocky start. we discuss, next. ok, anyone like coming in first place... in everything that matters?

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i think there are some reports everywhere. on tv, on radio, in conversation that are not well researched and are sometimes based on falsehoods. >> there's your headline. kellyanne conway saying what we should all know is the facts. cnn is not fake news. she was disputing a claim made repeatedly by the president of the united states. let's discuss the implications of this dynamic and other news that was made. we have bill carter. this is always been about the president playing to advantage with a populous that is negative on everything. it worked to his advantage and it was always false. i thought it was interesting. the whole approach seemed

different to me. and i think they're a little concerned about the blow back that they're getting. and very skillful at it but jake didn't take it very much and say it's not fake news and she did say it. now i don't think that trump will now automatically start saying it because he probably will go back to saying it. >> it means something that his counselor that was smart, people can criticize kellyanne she is very smart and she said no, cnn is not fake news. doesn't that expose this for what it is? >> it should but i don't think the next time he gets enraged he won't go back to it. i think he will go back to it. >> i appreciate she was willing to go on the record and say that and that does go a long way toward mending fences. i don't know what happens the next time the president says it

but we have on tape, on record, her saying she knows it. >> especially knowing her boss was probably watching she was probably contradicting her boss by saying that. he tries to have it both ways. he may call it fake news while watching this network and reacting to it in real time. and the underlying issue in every interview which is can we believe you? can we trust you? and he said several times i'd like to ask you more about policy but if this is about disregard for the truth then we can't get beyond that disregard for the truth. >> it's not about our feelings. i don't care about mending fences. for me you want to do your job the facts matter. and that's not fair. >> to say that there was a spike

in murder rates in 2014 and 2015 is true to say we need to bring that down and have law and order. it's the highest murder rate in 47 years and the media doesn't report it and again the media doesn't report it because it's a lie. >> i don't know who gave him that data. >> there you go. couldn't quite say he is wrong. >> i think she zeroed in on something. he does get his data. his information from somewhere. some people on the territorial website but it's just not real data and she acknowledged that. >> she did. i think that's what they are getting to. he went to the campaign using his own facts and his supporters didn't seem to bother him and it

never cost him. >> he said that in making the context that he provided. i use that line in speeches for a long time. people were always wowed. they didn't know it because it's not true. if he knew it worked for him he kept saying it. it's false. our job is to say those things and he knows that and he's been undermining us as a result. >> it's been effective but they reached a point where they think it's getting too negative. there's too much attack on them. they don't think spicer can handle it. i don't think they need her to do it but her credibility took a huge hit when she made up the massacres thing and she had to apologize for that because they need her to be able to come back and push back when they're being criticized. >> they are considering hiring a communications director because sean spicer has been doing dual duty on this.

how is this going to play out. >> yeah, press secretary is a full time job usually. normally a separate person thinking a week or two weeks ahead. >> that's right and normally that's how it's set up. he's doing both. it would seem even just now one of those jobs is a full time job but there's a broader issue here reporting that trump is disappointed by spicers performance. >> the one thing is the director of communications is a real strategic position and it requires dedication. what they're not able to do now and we see it in the miscommunications. they're not able to formulate their arguments because they're always in react mode to the president. putting in a director of communications is irrelevant. >> trump thinks he's his own best press secretary. >> maybe right. >> thank you.

we'll see you again. thank you for international viewers. new day continues right now. >> a sitting senator is a disgrace. >> senator sessions obviously isn't going to stand up to the president's campaign of bigotry. >> president trump blasts democrats for instructions. only a hand full of his nominees concerned. >> i'm not sure that i'm convincing the court. access to health care. you have access to do that as well. access doesn't mean a thing. >> this is new day. >> good morning, welcome to your new day. it was a stunning rebuke of senator