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 elizabeth warren.

republican senators envolkswagening a seldom used rule to silence warren during a debate over jeff sessions. >> it comes as president trump is blasting democrats for instructing his cabinet nominees. only a hand full have been confirmed 20 days into the trump presidency. >> we have it all covered. let's begin live on capitol hill. >> good morning to you, chris. democrats are staging an all night talk-athon which continues on the senate floor. just a remarkable confrontation between senator elizabeth warren and senate majority leader mitch mcconnell that signifies how hostile the debate and battle over trump's cabinet nominees have become. >> senators with the motive of

our colleague. >> i am surprised that the words of coretta scott king are not suitable for debate in the united states senate. >> elizabeth warren formally silenced by her republican colleagues. >> the senator will take her seat. >> the rare dressing down stemming from this statement. >> mr. sessions has you as the awesome power of office to free the chill exercise of the vote by black citizens. >> a 1986 letter from martin luther king's widow. jeff session's failed nomination to a federal judgeship to explain why she is against sessions current bid to be attorney general. >> the senator is reminded that as a violation of rule 19 of the standing rules of the senate and to senator or any senators and

conduct unworthy of becoming a senator. >> war reason violated rules by demeaning a sitting senator. >> stated that a sitting senator is a disgrace to the department of justice. >> she was warned. she was given an explanation and she persisted. >> she should be exempted from the rules. and down party lines to reprimand her from speaking on the floor for the reminder of the sessions debate. >> the truth hurts and 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 to cnn. >> they can shut me up but they can't change the truth. >> despite the fireworks senator sessions confirmation is not in question. he will be up for a final vote

in the senate later tonight and will be confirmed this after betsy devos was confirmed with that historic high breaking vote by vice president pence. donald trump calling democrats out overnight for the pace of slow walking many of these nominees. trump saying that democrats actions here are a disgrace. >> so our government is engaged in battles on multiple levels. you see what is going on on the political level. there's also a big battle on the legal level over president trump's controversial travel ban. we're focussing very intently on what this order is really about and who has a right to challenge it. especially in cases of national security. cnn washington correspondent joe johns live with the white house as more.

>> a very unusual hearing last night. a number of lawyers on the phone. an emergency hearing to talk about all of this and a lot of skepticism expressed quite frankly. a decision could come today or tomorrow on whether to lift the temporary hold on president trump's ban of travel. >> grilling lawyers from the justice department at washington state and hearing by phone tuesday night. both sides fighting back skepticism from the poor. >> the justice department attorney arguing president trump has the lee fwal authority to impose a travel ban without court review citing national security. >> are you arguing then that the president's decision in that regard is unreviewable.

>> judge william will be 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. >> acknowledging his almost might not be working. shows a direct intent to discriminate against muslims. >> i have trouble understanding why we're supposed to infer religious anamous when the vast majority of muslims wouldn't be effected. >> to prove religious discrimination we do not need to prove this order harms only muslims or that it harms every muslim. we just need to prove that it

was motivated in part by a desire to harm muslims. >> do have to believe everything you allege in saying well that must be right? that's not the standard. >> president trump continues defending his ban. >> some things are common sense. this is common sense. >> while the president's new homeland security secretary told a house committee he regrets how the presidential order was held out. >> to repair them for what was coming. it goes without saying the white house is closely watching how the 9th circuit court of appeals rules this case is likely to end up at the supreme court. allison. >> thank you very much for all of that background. joining us now is alberto gonzalez. he is also the dean of belmont university college of law. thank you for being here.

>> before we get to the travel ban. let's talk about what happened on the senate floor and senator elizabeth warren took to reading coretta scott king's letter on why she did not feel that she was the right person and temperament for that and then other senators shut her down and basically silenced her. what do you make of what happened? >> well, there are senate rules. there are internal procedures and as a general matter the executive will not comment based upon senate rules. what i worry is that it's a break down of comedy and good will between senators within the senate. there's so much work to be done and it's just another example of

deterioration among members of the senate. >> there are senate rules but this is an obscure one. have you ever heard any senator use heated language about another one. >> well, specifically the character of another sitting senator. it's a rule i was not aware of but every senator is presumed to know the rule of the senate and abide by the rules and suffer the consequence ifs the rules are not followed. you and i may have a different opinion about whether or not debate is a good thing within a body like the senate but the rules are the rules. >> elizabeth warren believes this is about senator sessions record, what do you think? shouldn't that be part of this debate? >> absolutely. and there was a vetting of senator sessions record. there's been a long record

established with respect to the work of the judiciary committee and came out of the judiciary committee and the confirmation vote of senator sessions. everything in the background is fair game and my perspective is this is carefully vetted and the department of justice to make a decision up or down with respect to this confirmation. >> do you think jeff sessions should be confirmed? >> i do. i think general sessions accorded himself very well in his confirmation hearing. he knows the department well and i think he's well qualified and understands the challenges that confront the attorney general and i think he'll do a good job. >> let's talk about mr. trump's

travel ban. do you believe it is legal. >> the governments arguments are probably stronger here and that the president of the united states has statutory authority and issue this kind of order. obviously the question is whether or not the motivation of the order and the state of washington will have to prove it was motivated against muslims. it says nothing about that. critics have looked at comments and major in the campaigns against muslims and often times campaign rhetoric will translate into policy. the judges should take a second look in order to determine what the order really is intended to

do. there's no language about a muslim ban in the order. >> but the judges yesterday did seem to zero in on that and they wanted some answers from the justice department's attorney. so let me play for you a little portion of their exchange. >> 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. >> that's not what the order does. >> that's not what the order does here. get to one point. >> we'd like to get an answer to that question. if the order says muslims cannot be admitted. >> they want to know could it extend to muslims if the justice

department to me was trying to make the argument if the president says something is national security then the president should be able to make that executive order but the justices seem to be pushing back a little bit. >> the judges were right to pose that question from my perspective i think it is a decision by the president an is reviewable but there is a great deal of deference to the president in making his decisions that effect national security but of course you know the president in making decisions that effect the lives of individuals, that power has to be checked by the courts so i think that it is reviewable but i think there's a great deal of deference paid traditionally by the courts. now with respect to whether or not could he simply outlaw all muslim ifs the president could show, if the government could demonstrate that all muslims were terrorists he could do

that. i don't think that's what the order was intended to do. >> following that logic how could the president show that all immigrants or all refugees threaten national security. >> the president does not do himself any favors. and as i said earlier and it has given ammunition and given some deal of evidence to the critics that say the motivation here behind this order is to discriminate against muslims. >> what do you think these three federal judges are going to rule yesterday. >> there's arguments that could be made on both sides again. there's not decisions that could be made on the merits and there hasn't been full briefing on this. he asked for expedited greetings on the merit. all kinds of scenarios are

possible. they take it back until there's further briefing at the district court level or may simply lift the stay partially and let the stay stay in place. if we're talking about the people that have been in this country and have some kind of legal basis that you perhaps lift the ban as to them set ties in america and a ban may be appropriate. >> that was the compromise that they left it on. thank you very much for being on new day. we appreciate it. >> what's going on with president trump's cabinet picks. you have a lot of them yet to be voted on. we know that democrats don want to have the votes. is that wrong? facts ahead. you decide. if something doesn't seem right, so everyone comes home safely. because safety is never being satisfied. and always working to be better.

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>> and sons and brothers. >> as by the chair. senator warren said senator sessions has used the power of his office to -- i call it into order under rule 19. >> he is claiming democrats from obstructing his nominees. let's discuss this with rick santorum. and good timing for today. great to have you. >> great to be here. >> in your time as senator did you ever see something like that happen? what happened to warren last night?

>> as a matter of fact i did and i would say on one or two occasions and i was up on the floor and you can't refer to a senator directly by their name you have to refer to them as a gentle lady or gentleman from another state. the whole reason for the rules is to keep the temperature down and keep decorum and make it a deliberate body so you don't have personal attacks and you're not directly addressing the senator accusing them of something and all of this has been in place for hundreds of years. >> what did you say that made you have to take a seat. >> look sometimes you get a little heated when you get up on the floor and you directly address a senator. you call them out directly and they say, you know, you can't do that and then you back off and in the case of elizabeth warren she didn't back off. she made those comments.

she said that she agreed with those comments. >> he doesn't want to revisit what happened to him with rule 19. and that's exactly the problem mcconnell had is that you wind up giving it even more attention. i'm not saying i'm going to chase after the rule 19 debacle but what i'm say as good what is going on with the democrats right now, republicans don't want to remember from wince it comes but it was mcconnell in 2010 who said we are going to obstruct at every turn and that's what we're going to do and that's what they did and now they seem like they don't understand why the democrats are doing what they're doing. is turn about fair play? >> in this case the events happening last night are rallying cry for democrats and democrats across the country are more energized and excited.

and turn about i wouldn't compare in exactly the same way. you're talking about a situation where a female senator is reading the words of a leader. >> they do seem that they're not showing up and they're almost relishing their role and if they were sent to washington. >> it's a good question. they were sent to represent the american people and it's a good example of what the american people were looking for. so that was not focus on what happened on the senate floor and that was teachers and moms and communities across the country and two republicans -- that's

true. >> let me ask you something. >> back there in 2009, 2010, 2011, you weren't sent to washington to abinstruct and the answer was yes we were. this was about principle opposition. we will not let the white house and the president do things that we know that are to the cause of the american people. doesn't that apply now for the democrats and how they see trump in his white house. >> absolutely. they're just picking a wrong fight. the idea that we're going to make those fights on appointments to cabinet positions is frankly unprecedented. i served during the clinton administration. i don't recall. maybe i voted against that. but i don't recall doing that and the reason i didn't is because the president wins the election. he can put his own people in place. may not agree with the policies of the president but you don't abinstruct qualified people to do the job that the president is set out to do.

you pick your fights. >> been on education reform for a long, long time. and brought in outciders and the nuts and the bolts of the particular department they're picking the wrong fight and they're picking it for politics. it's not about policy. it's about politics at this point. >> they're digging in cabinet positions and not legislation and not policy. >> i'm sure they'll take in on policy as well. i think they are on in on whether individuals are qualified or not and there's a disagreement on that. >> what is going on at the white house through reports and they want to find someone to help hold the director of communications job. >> it's impossible to do both jobs at the same time. the job of the press secretary

is to bring the fireman or fire woman and take tin coming questions from everything happening in the world. the job is to have a seat at the table and have discussions with the president and be a part of the decision making and right now they're giving up that seat at the table. that makes sean spicers job incredibly difficult. >> you want to work with and be a partner with you and focus on your job and repairing it. >> most dangerous job in the administration given what they're trying to control. >> it's a hard thing to define. >> thank you very much. >> up next he is a washington insider that worked for two republican presidents and now james baker is weighing in on the first two weeks of the trump administration. what does he think is working? what is not working? next. it starts to relieve migraine pain in just 30 minutes. and it works on my symptoms, too.

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the perspective from those that have been there is very powerful when it comes to government. ronald reagan's former chief of

staff. what does he think is working and not working for our new president. cnn chief national correspondent sat down and got you answers. >> how do you convince a president who has said at one point that he thought climate change was a hoax generated by the chinese. >> i'm not sure we did and we may not but this is a good plan. both from a policy standpoint and from a political standpoint and it's a problem right now at least and republicans have not been at the table and bp and exxon and shell all saying we ought to have a tax. we ought to issue to that and when you see what's happening to

the environment even though it may be consistent to what happened 10,000 years ago or 1,000 years ago it's a risk that we shouldn't have to take so here is a conservative free market limited government competitive in terms of america's competitiveness, it's an america first solution. >> based on your experiences i know the only person that's secretary of state and secretary of the treasury and white house chief of staff. the big conversation in this town and the first two weeks of the trump administration. let me just start with a general question. how do you think they're doing. >> i think they're doing well on some things and not so well on others. the big travel ban which is going to cause a lot of confusion and so forth, was really not rolled out with the preparation of i think they should have given it and we're seeing the results of that now. running the government is a lot different than running a corporation or a business where

the ceo can give the order and gets implemented and you know that very well on the other hand they have done a really good job on some things. the supreme court announcement was a good pick. i hope he will be confirmed. the roll out on that is perfect. on a travel ban, process matters. process really can make a difference. >> when he said putin was a killer. you would have given the same

answer president trump gave? >> i think this president is a pragmatist. he is a successful business man and i think he wants to succeed. >> is there a moral equivalency between the united states and vladimir putin's russia? >> no absolutely not. we have a free press and solid functioning democracy and respect for human rights and things like that. having said all of that it's important that we find a way to have the best possible relationship we can with russia. may not be a good one. but we need to have the best relationship question there's something to be said for thoughts and nuisance in political statements. there's a reason they say these thing with layers.

it's not as satisfying as ordinary conversation. now there's a reason they say it the way they do he said i'm not going to answer your question. i will in a minute but i'm going to answer this right now. i'm not going to spin you. i am going to address that but i'm going to do it in my terms right now. it sounded refreshing. >> it's different but there's a reason. things are complex and it's not always as easy as yes, no, and here's what i'm going to do and i hate this. >> we're going to speak for the architect of the affordable care act. what does he think is next? what makes this simple salad the best simple salad ever? heart healthy california walnuts.

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>> let's bring in one of the architects of the affordable

care act. dr. emanuel. he is the chair of the department of ethics at the university of pennsylvania. you have a full understanding for it and what i want to do is put each of the concerns for you. let's start with the general and the specifics. first this impression that the right is putting out for people. overall it's a big mess and a disaster and it's made things worse. counter it. >> no, any one of the three major crisises evaluate the aca. did it improve coverage? yes, people got insurance through the aca. our insurance rate covers around 10% and if all the states expanded medicaid it would be lower. yes costs have gone up but they have gone up much more slowly than they did under president bush and they moderated for example under president bush insurance premiums for employers went up 80% while under

president obama. they went up 35%. a substantial reduction in the growth of health care costs so cost control has been significantly improved and then in terms of quality we have seen hospital readmission rates going down and improvements in infections in hospitals and no fall so whether it's access cost recovering the affordable care act has been an improvement. that doesn't mean it's been run on every one of them but a significant improvement. my deductible is ridiculously high. i could never cover that amount of cost and none of this was true. >> well, in any big piece of legislation for 300 million

americans are going to be some winners and losers and mostly they were young, healthy people getting a great deal by the insurance companies because they were young and healthy. >> a lot of families too. >> young, healthy family of people in their 30 with two young kids. and to moderate and the affordable care act began us on a process to do that and it's unfortunate that deductibles have gone up. and they want to increase even more and that solution they say they're not going to increase deductibles and what they're going to do is increase the affordability by allowing what you would not which is cross state lines coverage and allow

companies to compete and you look at some of these you see a lack of competition in those markets and people are basically held hostage by bad plans they're going to fix that. get a lot of companies in to compete allowing insurance companies to cross state lines. let me make two points about that. three states a lou that today. no insurance company has taken them up on it because it's not such a great deal so this idea that we're going to have massive competition because insurance companies can go across state lines. false on the facts. the second pointly say is that it only works if you allow insurance companies to cross state lines and to sell plans that don't have a guarentee but that's not the plans americans want. they want a plan that covers

their primary care prevention and maternity care and drugs and those plans once you have the minimum there's not a lot of competition to be had by allowing a company to cross state lines. and increase the demand. >> let me ask you something, what is your message to democrats that seem to be heading down to what we saw of all out opposition? who knows what they will do when it comes to legislation. if the basic assumption is they're not going to replace the aca, it's too big. it would be too difficult. there's too much political risk. they're going to need the democrats to work with them. should the democrats work with them and fix what they created in the first place. >> first of all i would point out you're right. i'm not the political brother. this is not my expertise.

>> you're much better looking. >> i would say we have principles that we're not going to compromise on. we want universal coverage. we want a system that controls health care costs for the average person. we're going to keep medicaid as it is. those are principles we're not going to compromise on and if the republicans want to compromise or want different principles like we're going to provide access but we don't mind if millions don't have insurance that's not bargaining position. it depends upon what the principles that we can all agree to are. fortunately i think the president has says he wants a terrific plan that covers all americans. he wants pre-existing condition exclusions there and he wants to keep kids on their plan until age 26. he wants medicaid as it is. we're not going to that system. that begins to look like things the democrats might agree to but

we need to understand what the principles are. as ted cruz said his principles are not the ones that democrats are going to agree with and end up throwing off millions of people out of insurance. >> it depends where you want to start. you also have to look at the pragmatic nature of it. you have over a million and a half families and you need to do better for them. >> but the alternative is to throw 22 million people off of insurance. that's a much worse problem. >> that's unacceptable for both sides. we'll bring you back and hash it out again. thank you appreciate it. >> first lady melania trump is involved in a lawsuit over a claim that was published in the daily mail. why her attorneys say this false claim is costing her millions. your insurance company

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melania trump refiling a lawsuit claiming that she's lost the chance to make millions of dollars as first lady because of a tabloid story. this is a libel case against the daily mail, a british tabloid. let's discuss where this leaves us with brian stelter, host of

cnn's reliable sources and bill carter, author of "the war for late night." this is fascinating because it involves the first lady, something we've not seen before. this was a scurrilous article printed by "the daily mail." they retracted it. it was bad and false, but in her law filings, her legal documents to the court, the argument her lawyers are making is this is a golden opportunity, a once-in-a-lifetime opportunity as first lady, an opportunity to make millions of dollars. >> a unique once-in-a-lifetime opportunity. that's what the new legal filing says to launch a broad-based commercial brand. it doesn't explicitly say because my husband is in the white house, but it implies she'll be able to profit. >> is being first lady supposed to be a money making endeavor? >> i have not seen it be that in the past. oftentimes after your time in the white house, maybe michelle obama can go on to make money

now. we've seen that from other first ladies. >> hillary clinton. >> she became senator afterwards. >> what's the criticism of that? there's nothing illegal. >> it just looks like you're taking shameless advantage of your position, which the trump family has been accused of across the board. the lawyers in this case have backed off and said she's not really trying to cash in on being first lady. the language in the suit, they're looking for a settlement. >> isn't it because she is an existing -- of an existing brand. i don't think it's as blatant as brian says, there's no specific language in there. right now i'm in a position where. she's a brand and you've hurt my brand commodity value. >> and there's opportunity right now. >> right now is the opportunity she has because her profile is greatly raised and you've damaged my standing. i don't think it's them necessarily saying she really

wants to launch a brand as much as, we've missed the opportunity, we want you to pay for that and we want money at it. >> not a good look. >> that's the criticism of it optically, the good news about it, and it plays into a segue for us, is this is what you do. if you don't like what the media reports and you know it's wrong and defamatory, slander, libel, whatever it is, you sue. she did that. she got the blogger to come out and there are a lot of people in his universe where they pose as legit, but they're not, just an attacking mouthpiece. she got a guy and he had to apologize. the president does it a different way. he says i don't like what stelter is reporting, it's fake, the whole media is fake, they're bad people and have their own reasons for lying to you. people lap it up because there is suspicion. the media deserves some scrutiny. the president is an impressive, powerful figure, very often he's not telling the truth.

kellyanne conway came back on cnn to try to put some of this to rest, and here is what she said in answer to what i think is the fundamental question. >> i don't think cnn is fake news. i think there are some reports everywhere, in print, on tv, on radio, in conversation that are not well researched and are sometimes based on falsehoods. >> good for her and true. then prove it. i say all the time, show me what we said that was wrong. give me the fact, not your feelings. that's what needs to reverse. >> it does. i also think the press has to continue saying these things are factually incorrect and they can't back off from it. initially they were trying to intimidate the presidentment i think they're backing away. they're not scoring the way they did in the campaign. >> how do you know that? what are you basing it on? >> i think it's significant. >> when have you seen her not

combative, when have you seen her say thank you for having me on. >> when she has high ground. she got busted about bowling green massacre, 47-year high of crime is false. calling us fake news when we prove they're the ones abusing truth. >> i think bill is optimistic. we'll continue to see an us versus them. the press, the enemy, the opponent, in various ways. >> why did kellyanne take that different tone yesterday. >> in a very difficult 25-minute interview with jake tapper. she knows cnn is real news, not fake news. >> credibility had been seriously damaged by the bowling green thing. >> we're continuing to see the president say, you should only trust me, don't trust anybody else, only trust me. to his voters, i would say, what if president obama said that to you. >> bill, brian, thank you very much. kellyanne conway was certainly under fire for another comment she made a week ago. that's what we're talking about

right now. here it is. >> it's brand new information to people that president obama had a six-month ban on the iraqi refugee program after two iraqis came here to this country, were radicalized and were the masterminds behind the bowling green massacre. >> matthews caught up in the thought of war, didn't pick up on the fact that the bowling green massacre hadn't happened. it actually wasn't the first time she said it. she apologized. residents in the kentucky city she mentioned are taking her comments in stride. martin savidge is with us. a lot of internet memes have erupted, people saying they were there on the day it didn't happen. >> reporter: there is so much that is said. welcome to bowling green, chris. it is a community where just about everyone can tell you exactly where they were when the massacre didn't happen. overnight the bowling green

massacre became the biggest thing to never happen here. >> i was in my english 100 class, we were reading "hamlet." and the sirens were going off, we had to evacuate the building. i've never looked at "hamlet" the same again. >> glad you're here with me, safely, after all the b.g. massacre talk. >> reporter: they held a candlelight vigil saying never remember and we are bowling green. >> i survived. >> reporter: local production company made a parody video. >> i barely survived the bowling green massacre. >> i survived -- what was it? >> reporter: a massacre mockumentary. the massacre misspeak has some laughing all the way to the bank. kelly started the button

business, she cranks them out with things that say i survive the bg massacre, a portion of the profits going to the aclu. >> have you got your i survived bowling green massacre t-shirt yet? >> reporter: laughter seems to be the best medicine. at the home cafe and marketplace, josh and his wife came up with the ingredients of grilled chicken, mozzarella and mac and cheese. >> no method to this, nothing to represent a massacre, just something to eat? >> just a fun pizza. >> reporter: quickly became the best-selling pizza in his restaurant's history, a toasted cheesy monument to a tragedy that wasn't. i dedicate this to all those never lost in the bowling green massacre. mmm, mmm. this really could have turned into something very ugly

politically. instead, this town banded together and decided that laughter was the best answer to it all. chris? >> so true, martin. that is a great piece. it's great to see how they're taking this in stride. it does seem fitting after pizza-gate that pizza is the antidote to fake news. >> marty savage not only the best voice in the business, he folded that slice the right way, didn't go at it with a fork and a knife. i hope this is a little bit of a turning point. kellyanne made a mistake. she said she's sorry. judge it the way you want. it's nice to see something not deepen division, and let them come out, take it for what it was, move on in a positive way. that's nice. i hope we see more of it. >> there you go. >> a lot of news. what do you say? let's get right to it. >> senator sessions has displayed open hostility to the

rights of all americans. >> the senator will take her seat. >> senator's impugned the motives and conduct of our colleague from alabama. >> they can shut me up but can't change the truth. >> the vice president had to be called in to overcome the democrats' historic partisan logjam. >> problems on both sides of this ban. >> are you arguing that the president's decision in that regard is unreviewable? >> yes. >> we need to prove it was motivated in part by a desire to harm muslims. >> you either present it in the record or you don't. >> is cnn naek news? >> i don't think cnn is fake news. >> this is "new day" with chris cuomo and alisyn camerota. >> good morning. welcome to your new day. elizabeth warren, senator from massachusetts gets some beating on the senate floor from a seldom-used rule, rule 19 it's called. it