fight the decision once again saying the ban is for national security. what is the administration's next move? day 22 of the trump presidency. let's begin our coverage with cnn's joe johns live at the white house. joe, what is the good morning it was a big rebuke for the administration with an overarching message from the court. the white house was seeking to make major changes to the way it restricts travel into the united states but so far has not articulated the legally justifiable reasons for changing the stas tus quo. >> the trump administration suffering a blow. refusing to reinstate the president's controversial travel ban. finding the administration failed to provide sufficient evidence to justify an urgent need for the executive order to be reinstated. the president immediately responding on twitter writing in all caps see you in court.

the security of our nation is at stake without specifying if that means the supreme court and questioning the appelate court. >> it's a political decision. >> trump accusing them of being biased. the court also rejecting the administration's argument that the president can act without judicial review on issues of national security. >> are you arguing then the president's decision in that regard is unreviewable?

and attacks are disheartening and demoralizing. news prompted trump to lash out at one democratic senator that met with gorsuch privately. >> his comments were misrepresented. you should ask him about his vietnam record that didn't exist after years of saying it did. >> he was talking about president donald trump's attacks on the judiciary. >> the president meets this morning with senate majority leader mitch mcconnell later today with the japanese prime minister before heading off.

>> thank you very much. >> lots to discuss. >> new york times deputy cultural editor. cnn legal analyst and criminal defense attorney. cnn political commentator and senior columnist for the daily beast, matt lewis. first look at what can happen going forward. all right paige, we can appeal to 11 judges, the full 9th circuit. they can do that and go back to the district court and try to have a hearing on the merits here and see how that goes. they can go to the supreme court and there's going to be some issues there i want you to tell us about in terms of whether the court would accept the appeal or redraft the order. how do you prioritize those? >> there's a lot of different options but there's only one smart option. i don't know if the white house is considering smart versus not

so smart but the right legal move is to let the case go back to the district court and have a full proceeding and go through some limited discovery and really flush out these issues so that there can be a full opinion not just on the standing issue, not just on whether the court has a right to review an executive branch's decision in this area but also on the constitutional arguments. once you have a full district court order then you can appeal that. you can go through the process and go back to the ninth circuit and up to the supreme court. if they try to take it to the supreme court now i think that court will be reluctant to accept it. this case is in a very preliminary stage. it was treated like a permanent injunction but that's still intermediate. i think the case should go back to the district court and let it work it's way up to the system. >> based on when reporters go

up. let me play for you. >> we have a situation with the security of our country is at stake and it's a very, very serious situation forward as i just say. >> thanks. >> how did you find out about the decision. >> to be on the news et cetera, the media. >> it's a decision we'll win in my opinion very easily. >> by the way we won that decision in boston. >> what do you think? >> in a way he has some points because it's important to

remember that the ninth circuit opinion is not a final ajude kags on the merit. if this case goes back down to district court which a agree that's the proper route if the administration wants to try to win, there will be a hearing on the merits and then ultimately all of this ninth circuit language about due process and everything else might just be if after a full hearing the district court changes it's mind which it could do. then keep in mind these other cases are going on, for example, today in virginia, those courts might return favorable rulings for the trump administration so when the trump administration has its final day in court, it's possible that they could win. >> what's important. >> to really remember about this though is who president trump is and this is a man who doesn't think about what the proper route to take legally is to be

and there's the pragmatic decision to make and the personal decision to make. he sees the world as winners and losers. he talks about we're going to win this case. he is now 0 for 2 in terms of this and where this decision is going. he wants a win and he done want to be seen and he doesn't want this order to be seen and the idea of going back to the district court and thinking about it strategically and legally and pragmatically. >> it might be the route to winning. a lot of this is legal and legal strategy but what about the politics of this. how does this decision play and what are the options going forward politically. >> we have to remember that donald trump won this election and he didn't win the popular vote. he won this election and show

that donald trump season doing all that well. why should a foreigner have standing to be able to come to america when the president of the united states is trying to keep us safe. so i think that in the long run regardless of how the court comes down on this, donald trump is reinforcing his brand as the guy that's trying to keep us safe from terrorism and these other people, liberal judges, we all know the 9th circuit is the most frequently overturned. >> standing went to washington state and they do have standing

because they have a very tortured legal argument but it worked for them. i wonder if he would agree on that position as well as all the other -- all the other stuff and by the way, i do think that the trump administration, the doj making this case on the phone really dropped the ball. there have been instances where he when after people with a machete at ohio state university last year. i don't think that even came up. >> that's an excellent point. the oral arguments seem to hinge on this pivitol question of does the president has v the ultimate authority when it comes to national security and the court was asking the administrations lawyers about that. listen to this.

>> are you arguing the president's decision in that regard is unreviewable? >> yes, we're discussing the risk assessment. >> do you think that's what the ninth circuit court decided that's where it fell apart for them? >> i think that's part of it. i'm amazed that lawyer was not prepared for that question. it was the most basic part of their argument that they have to convince the court that this executive order should not be carefully reviewed by a court. and you read about it in the 29

page opinion and i think now even back in the district court or where ever the case ends up these judges told him the way to win the case. >> thank you for all of the analysis. really helpful. great to talk to you. >> breaking news out of capitol hill. the senate working into the early morning hours to confirm president trump's controversial health secretary nominee tom price. it will now be his job to begin the process of dismantling obamacare. this as a congressional oversight committee is calling for an ethic's probe of one of his top advisors. >> good morning to you allison. the senate confirming tom price shortly after 2:00 a.m. and he does now go on to start his chief task of dismantling obamacare but even as the white house gets a big win on this they're also finding themselves in hot water this morning over top trump aid kellyanne conway. here on capitol hill there's a call for bipartisan

investigation looking into these comments where she seemed to plug and encourage people to buy ivanka trump's clothing line. the republican chairman of the house oversight committee along with his democratic counter part teaming up to call the white house out on this. they sent a letter to the office of government ethics saying quote, conway's statements clearly violate the ethical principles for federal employees and are unacceptable. we also ask you to report back to the committee for recommendations for disciplinary action if warranted. now in an interview last night she was unrepentant about her comments. she emphasized she still has the support of president trump. >> we're aware of that letter and we're reviewing that sbe internally and he supports me

100%. >> the white house is clearly trying to play clean up amid all of this bipartisan push back on capitol hill. they say kellyanne has been counselled on this subject. >> big question ahead. did president trump's national security advisor lie about discussing sanctions with russia before the president took office? our legal panel will tackle the facts next.

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>> he discussed american sanctions on russia, the russian ambassador before president trump took office. that would be in violation of the logan act. the white house repeatedly denied this. >> they did not discuss anything having to do with the united states decision to expel diplomats or expose sanctions against russia. >> they did not have a discussion with u.s. action.

>> so did flynn break the law? jackie, let me start with you. the logan act said that a private u.s. citizen cannot engage in foreign policy. >> negotiation with a foreign government before being authorized and the washington post and new york times and that's exactly what michael flynn did by discussing sanctions and being sympathetic and lifting sanctions on russia. >> i think the word they use is murky and particularly because flynn was coming in as the national security advise sor and it would be unlikely and prosecuted for this and that said we have all of these officials from mike pence, sean spicer that said he didn't do this and came out and put

themselves on the line and defended michael flynn. that puts them in a very rough situation. not to mention even on its lowest point this is a huge breach of protocol. the obama administration was still in office when he was having these conversations and usually it just kept to the weather and how was your family with an incoming administration and foreign governments. >> let's learn and not get distracted and take it off course whether or not they were telling the truth about what happened. the logan act they're not going to prosecute it. it's never been prosecuted. he was elected senator on the next cycle in 180, the 47 senators with tom cotton and the logan act was brought up. it probably won't turn out to be

legal. did he tell the truth of what he was doing in russia. mike pence made sweeping statements and that's the key question. >> when mike flynn made that phone call between president elect trump and vladimir putin of russia. where did they drift into and was it mike flynn's intent that he was going to start doing business. it wasn't just one call or were they setting the table right before president obama was putting sanctions in. to do this reset of the relationship and now mike flynn whose self-respect is very important and he is seen as an incredible guy in the intelligence community and it may have come up but i have a

recollection. >> just as we know in washington d.c. it's swiss cheese. >> it's also code for uh-oh. >> basically saying i don't remember. let me read that to you because mike pence can say no under no circumstances can they discuss it. that's not what michael flynn is saying. he indicated while he had no recollection of discussing sanctions he cannot be certain that a topic never came up. that was his spokesman. the problem here is so far it's all anonymous forces and we had a pattern where i think the media overplayed some of these stories and there's a piece in the washington post every week and prove that flynn was negotiating as a private citizen

and the irony here is he is sort of telling russia what obama said and he said after the next election i'll have more flexibility. flynn was basically saying after we're inaugurated don't worry about all the stuff. if it comes out, if it's proven, it's obviously a huge political problem. maybe it means that flynn, if it's proven flynn has to go but a agree legally i don't think there's any repercussions. >> but hold on just for one point of fact, the fbi is looking at this. these are current and former u.s. officials. they're not just some guy on the street corner. >> it's not that but also you're stating to have a pattern here of ethics questions regarding tom price. what rules he's following and the media is creating something when the question is what are the ethics rules.

>> the truth still matters. >> in this current climate. sometimes the press gets it wrong does plant the seed. >> he said he didn't talk about it and now his new statement is he doesn't recollect it. >> she is being very clear. you should go out and buy some. trying to create commerce in your public role. she says i can't believe you're taking me seriously. is this unfair scrutiny? >> no, she is in the white house. it's not just people. the chairman of the oversight and government affairs committee

and elijah cummings. they haven't agreed on much and they're sending a letter saying this needs to be looked into and the thing about that letter that they sent yesterday that i thought was interesting was that they noted that the president couldn't necessarily make this judgment about her because he had a conflict of interest because his daughter was involved. and this is a big problem for them and over and across the board the question is does the administration think the rules don't apply to them? right now it doesn't seem like they do. >> panel, thank you very much. >> you face a rowdy crowd back at home in his district. why was this going on? next. did you know 90% of couples disagree on

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all right, the gop keeps mocking democrats that they're not in touch with where the country is. he went home to have a town hall and hear his people and he was met with some ugliness and discontent. >> the town hall welcome for

congressman. jeered, drowned out. >> i try to be as representative as i can. >> a crowd of 1,000 tired of d.c. >> why aren't you checking out your own president right now. >> another 1,000 people say police outside. >> the congressman seeing firsthand the national tide of angry voters. in california protestors swarmed town hall chasing out the congressman. from nebraska to pennsylvania to indiana. knocking on district doors sitting in uninvited. and called indian visible.

>> founded by former congressional staffers that saw firsthand the power of the party to stall the agenda and now claims 3,000 groups and 100,000 members spread across every congressional districts. >> a action plan to indian visib -- utah, 24 hours before the town hall. >> this is directly in response to the election. >> i would say so. >> i'm not going anywhere. >> there's millions of people like me that are going nowhere and for the next four years we will be at everybody's doorstep. >> the new administration is noticing. without press secretary dismissed these protestors as professionals. >> the tea party is a very

organic movement and this has become a very paid movement. >> are you a political operative. >> absolutely not. i'm a nurse. i'm a mom. >> she founded indivisble, utah. declaring victory. the congressman cutting off his town hall 45 minutes early. >> wow, well that puts a fine point on it. there's been all sorts of talk about when will they organize. all of these angry feelings. that sounds as though they're beginning to. >> the idea that the election resolved things is a very undeveloped notion. >> yes. president trump's travel ban is on hold today after another legal defeat. president trump again insisting the nation's security is at stake though he offers no

specific threats. is this fear over facts? we debate next.

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the trump administration vowing to fight in the face of adversity. this ban will not be reinstated and the president said he would see you in court. he will continue because the country has much to fear and fear has become a big part of the president's case to the people. let's discuss this controversial asset. and cnn political commentators. let's forget about it for a second. the president comes out and says i've learned in the last two weeks the threat is more real. listen to this. >> this american carnage stops right here and stops right now. >> the murder rate is the

highest it's been in, i guess 45 to 47 years. >> believe me. i have learned a lot in the last two weeks and terrorism is a far greater threat than the people of our country understand. >> so the proposition is this, do you want to play with the technicalities of law or do you want to be safe? >> i think you have to adhere to the law. that is a great day for america. for the experiment called the united states of america. for those that believe in the constitution separation of powers. no one is above the law. i think president trump has to go back. we decide their executive decision. they can comply with the law when they get a more detailed decision but at the end of the day donald trump is talking about his great fear of terrorism but he made us feel comfortable, confident as a country. sadly, especially with no regard

and the irony on the very day he talked about unreported terrorist attacks. plotting to kill muslims using machete and four explosives. that gets no coverage. >> you are the harvard law grad. do you think that's what they were basing it on. they were saying we understand that you're saying there's fear and a threat but give us specifics. >> they were demanding that and frankly the doj attorney didn't do a good job of saying yes here is the threat. my answer would have been the 7 countries we targeted were the same 7 congress the obama administration looked at and denied the visa waiver program. >> sure. >> absolutely but it's the same 7 country but the irony here is if president trump does what he says and makes it comply with

the ninth circuit it's out there rather than waiting for this to be repealed and leaning on this executive order deemed temporarily restrained. the irony is that the president wants to keep it more safe reissue the order in a way that comply with the ninth circuit. >> do you think that happens? do you think the president has from within him the ability to say i was wrong on this one. let me do it a different way? >> i don't know if it happened. i think it should happen. the worst thing that can be done is repeal this up to the supreme court. they're going to lose at the level of the supreme court. and a few weeks perhaps down the road and go through the same arguments last night. i don't know if it happens. this is a political decision and

it's really going at this separation of powers in this country and makes us exceptional. make some of the followers go. and four judges so far. it concerns me. donald trump should accept it and treat it the way he said. don't you agree because i understand him saying this is a political decision and if you looked at the establishment clause arguments they said we believe the president had a sinister intent to make this muslim ban when they could have said we think his intent is to make sure that there's not refugees, terrorists infiltrating the refugee program the way we have been warned that they're trying to do. >> i think all concerns should be addressed. there's an isis concern and also

a concern that a man was sentenced in december to 30 years to life. building a radio active bob to kill muslims in new york state. three men called the crusaders plotted to kill somali refugees in kansas. there's people that want to kill me but donald trump does not tell us i'm there for you. i'm there for you. >> what about that? you've been hearing a lot about that. if you look at the numbers and the facts the white extremists are certainly as big a threat if not more. there's actually more cases than there are here of radical islamic terrorists. so why do you think that the president isn't talking about that? >> i don't think it's right to demonize. there's certainly violence everywhere but when you look around the world you do see muslim terrorist attacks. during ramadan there was one every 72 hours. >> so it's the world. not just the u.s. if you look at the u.s. it's a

different calculus. >> absolutely. i think he fears and i fear that we become like germany or some of our european partners. >> they're the politics of feelings and then there is fact and they're not always on the same page. we're seeing that play out right now. this is a good discussion. >> who says cheer leading isn't a contact sport? >> not me. >> a member of ucla's team taking a horrible fall. you won't believe what happened next. this is the bleacher report. hambone! sally! 22! hut hut!

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abdominayou may have ibs. ask your doctor if non-prescription ibgard is right for you. ibgard calms the angry gut. available at cvs, walgreens and riteaid. live in phoenix with more. >> good morning. we have been speaking to garcia's attorney that tells me that the chances for returning to the u.s. any time soon could be ten years before the u.s.

could even consider a petition for her residency. his us. born children that travelled to mexico three hours south of where we are in phoenix to spend some time with their mother as they try to figure out what will come next. her 16-year-old son promising to continue to fight not just for her mother but also several members of the undocumented community. take a listen. >> this is like a dream but this is reality we have to face it. people fighting and we're going to support our community and our mother. >> we did speak to members of the undocumented community and what was a very quite and peaceful demonstration. they stated they are concerned about what this means to them. what will happen when they come here to this ice office in phoenix to do one of the regular check ins. will that be their last day here in the united states, chris?

there is this common concern here that they feel that donald trump's executive action on immigration likely had something to do with it. they maintain they're simply taking a closer look focussing and also deporting those individuals with the felony convictions. >> this case speaks to fears of a mal intent whereby doing this you're going to keep people from coming into check which will trigger people saying that they're non-compliant and the cycle gets more and more harsh. so athletic apparel giant under armor they're responding to a backlash after their ceo made comments supporting president trump. what did he say? what's the reaction? that's in this morning's bleacher report. >> a day after steph curry publicly disagreed with the company's ceo that said that president trump is an asset to the united states, underarmour wanted to try to distance the company's brand from the ceo's

political debuts saying we engage in policy and not politics and life experiences and opinions. this is the core of our company. >> dewayne johnson partnered with under armour and posted quote his words were devicive and lacking in perspective. debate is healthy but in widespread disagreement so is loyalty. >> ucla oregon game and a cheerleader falls and crashes to the court and the guy carrying her falls and body slams her to the court she said i'm done with you picking me up. she walked off the court under

her own power. it's good to know that she is okay. >> i hope she carried him off the court after that. >> wow. i'm glad she is okay. that's sot scary video. thank you very much. >> i could tell she was going to be okay from the way she took the fall. >> they are athletic. >> from a extremely contentious and we explore that next. when heartburn hits, fight back fast with tums smoothies. it starts dissolving the instant it touches your tongue. and neutralizes stomach acid at the source. ♪ tum -tum -tum -tum smoothies! only from tums safety doesn't come in a box. it's not a banner that goes on a wall. it's not something you do now and then.

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that's the siliest thing i've ever heard. >> is it white house press secretary annoyed by that journalists question during

yesterday's press briefing but there's been many contentious moments. >> the week started with that viral saturday night live scoop showing his contentious style. let's discuss with the host of reliable sources and bill carter. the press secretary often has an relationship. >> it's so fast and has become very hostile and contentious and he does seem to be in a bunker sort of already and he's taking on questions he should be able to handle in losing his cool. you don't do that usually until later i think. there's usually a honeymoon period and to be fair to him and he has to try to answer it.

and messing up words. he doesn't even speak very coherently. he's getting too excited and too frazelled and it's not working. >> he never dealt with anything like this before. i doubt he ever reped anybody that comes out with as many inflammatory and inaccurate and hostile statements directed at the press in ways we have never seen before. that's a real recipe for stress. what do you think the right way forward is for sean spicer. >> there's times where there may be a good answer he's trying to contort himself in ways that aren't rational. >> he had the constituent sy. >> being scrutinized by that guy. >> we know that. reported that mr. trump has not been pleased with some of them. imagine the pressure you go to the podium and you know that

your boss is scrutinizing anything plus the general public plus saturday night live. a lot of people here used to do with spicer in his previous life in and around washington d.c. they don't recognize this new spicer. >> they feel like a guy has changed because he's put under this pressure. it's different but not just in substance it's also in style. they deal with adversity and criticism in a way that we have only seen in the schoolyard. if they say something that is long they double down on it nine times out of ten and will blame you for asking. >> okay. >> if they are inaccurate they will often push it to the extent of a lie. these are rules that matter in a game of truth. >> we have an example. so yesterday as you know judge

gorsuch was quoted as saying that he found it to be demoralizing and disheartening. here was sean spicer. >> the judge was very clear that he was not commenting on any specific matter. there's a big difference between commenting on the specific comments that have been made in the tweet and his general philosophy about respect for his fellow judges. >> i've got nothing for you on that. tying himself into knots trying to address the message. >> they had a strategy to have him look like he was going to be independent. he heard the republicans saying look how independent he is. he felt like he had been criticized and he sent him.

>> we were at the center of it yesterday because the president decided to target us for our reporting on it but it goes to the original formula and this story was done and the moment that judge gorsuch's guy came back and said he said these things to blumenthal. he lied about his military record and not asking him about that which is untrue. but he said that blumental said was was false. >> that's the alternate reality from this white house. it's supported by some media outlets and twitter trolls and things like that. what you get is this alternative reality and there's two different narratives. one is factually based and then

this other reality people can opt into. i have to say a couple of months ago when sean spicer was named best spokesman i thought okay these are professional. these are washington veterans that know how to run an organization, will know how to run the executive branch. we're not seeing that three weeks in. >> this just in, we're learning that kellyanne conway actually apologized to president trump yesterday for what she had done on fox encouraging the viewers to go out and buy ivanka's products and she said she did meet with the president and she said i hope women all around this country have a boss as wonderful and understanding and supportive as mine and i bet she feels that. i bet that mr. trump accepted her apology and i bet they did have a nice conversation about all of this but i don't know that that's still the right thing to have done on television.

>> no so that was the counseling. the president did the same thing but it's his daughter and he's president and not subject to the same rules. >> which is strange. >> but if you go on fox and friends in the morning you think it's this goofy show and she says this thing and nobody on the show can say you shouldn't be saying that. she just went ahead and did it. >> she wasn't being serious and she was joking around and there was no question by all accounts that the president of the united states loves kellyanne conway and respects her very highly. she is in no trouble. i promise you that. >> thanks to all of our international viewers. new day continues right now. >> we have seen him twice.