good evening. there's a lot happening this hour. the white house is now saying they cannot be sure national security advisor, michael flynn did not break the law over russia. this could be significant into possible tie business tween russia and the trump campaign. we begin with the story that is just breaking. another loss for president trump courtesy of a federal judge. a judge this time in california has blocked part of the president's order on immigration.

threatening to take away money from potential sanctuary cities in counties across the nation that have policies that limit their cooperation with federal immigration enforcement. los angeles doesn't let police stop people solely to check for immigration pamepers. the president's executive order had ordered homeland security and the justice department to keep federal money away from cities with those policies but today a federal judge has blocked that nation wide. so what exactly does the ruling say? >> well, you said it, anderson. it's a nation wide halt to president trump's executive order that sought to block the order for all these sanctuary cities. the northern judge is an obama appointee and he did say that the claims that this portion of the kpicexecutive order was unconstitutional had merit. interestingly here, this ruling looked a lot like the ruling

halting the travel ban and the judge's words were reminiscent as well. pointed to the president's own words, writing if there was any doubt about the scope of the order, the president and attorney general have erased it with their public comments. the president has called it a wepn to use against jurisdictions that disagree with his policies of immigration enforcement and the press secretary has reiterated that the president intends to inhad sure that counties and other institutions that remain sanctuary cities don't get federal government funding in compliance with the executive order. and this judge doing something similar, halting the sanctuary city executive order. the doj did just respond and it dealt less with this ruling and more with their contention that the federal government can prohibit cities from with

holding information from doj officials. saying the department of justice that they will now follow the law with respect to regulation of sanctuary jurisdictions. this is a response to the ongoing legal fight in general. that's what they chose tofocus on in their response. >> and the san francisco atto attorney just held a press conference. >> he did not held back. saying that the first 100 days have been a disaster for president trump. that the president was a bully in signing the executive order and praised the judge in this case. >> this is why we have courts, the halt the over reach of a president and attorney general who either don't understand the constitution or choose to ignore it. this is why san francisco had to stand up for people everywhere. as americans, we have a duty to

confront injustice, even when it emanates from the white house. >> he also said that the trump administration would be better advised to move on to other issues and told the trump administration to stop targeting these immigrant communities. >> has there been reaction from the white house? >> absolutely. reince priebus told reporters in his office a short while ago. it says the ninth circuit -- this is an examplople of the ninth circuit going bananas. we will take action tew peal this. priebus called this an example of forum shaumiopping. saying they were trying to find the most hospitable section to take care of this and it was absurd they could not put in a

reasonable restriction on how this money is being spent. that's from my colleague who was just speaking to priebus a few moments ago at the white house. i spoke to a seniorer official who says they will prevail in all of this. but keep in mind, this is the second time president trump is seeing one of his main executive orders, aimed at immigration tied up in the courts. it was earlier in this administration that travel ban was frozen in the courts. once again the president trying to use his powers as president of the united states through executive order to do things he can't get accomplished up on capitol hill and it's not the only loss as you know that republicans up on capitol hill are averting a government shut down at the end of the week.

there's no mention of border wall funding. at this point the white house appears to be willing to take this compromise of delaying security money. so on a few different fronts, big setbacks for the president. >> particularly coming up to the 100 day mark. joining me is los angeles mayor, erick gar setty. first of all, you're reaction for the rulinruling? >> i think it showed unconstitutional political threats can't take away our rights and certainly can't steal our tax dollars. i hope everybody sees that hard work of ix iffing a broken immigration system should be our focus. not the ideology that is clearly

unconstitutional. this is the words of justice roberts. and you can't put a fiscal gun to the head of cities. >> is it clear what this administration defines in terms of the purpose of their executive order or is that unclear? >> no, it's been very unclear to us. it's more of a political term than a legal one. we took part in a meeting with secretary kelly. but today my colleagues had a quite productive meeting with attorney general sessions where he said it was a very narrow definition they were looking at, whether they comply with something we call section 1373 which i believe all sections do comply with. this is really more about politics, than people and we should get to the business of fixing our immigration laws, make more citizens, not more

scapegoats. >> it seems like the department of justice is arguing one thing thoo courts, a much more narrow definition of what they expect the kbexecutive order to impact and president trump is making it sound like it's much broader but the it department of justice seems much more focussed. >> these so-called sanctuary jurisdictions to be defined. crime is lower, and i listen to our police chiefs who for four decades we've had police chiefs say this is the way to keep our cities safe and our tax dollars can't be willy nilly taken away. so it's a good day for the constitution and a day that reminds us that the 10th amendment is here to say. >> it encourages people who are undocumented to report crimes,

makes them feel comfortable they can not fear for their own status. >> unless we watch too many evening dramas, most don't solve their cases by putting a successful number of clues together in a back room. it comes from relationships and people who trust them, and the grandfather who says i witnessed something and here's the clue that you need. and that's why we had historically safe years, some of the safest since the 1950s because we've established that trust and we won't break that trust with all of our residents. >> is there some middle ground to be found? >> absolutely. sg i think it's a common misconception that we want dangerous criminals off the streets. we do.

but stwrwe have to go to judges. it's not just on a suspicion of somebody looking the wrong way but an a actual evidence-based standard. and do what past presidents like ronald regan have done. find out a way to fix this broken immigration system and find a pathway for the people in this country to fulfill their dream sing at thor than be in te shadows. it makes our streets less safe because if somebody doesn't report, that rapist doesn't care if they're undocumented or not. and that makes us all suffer. they're proven. i think the court gives us an opening today and i hope the administration can work together to get to the true martyr of fixing immigration and making us all safer again. >> thank you very much.

got to take a quick break. when we come back, we're going to hear what sean spicer had to say about sanctuary cities and we learned that former national security advisor, michael flynn, may have broke the law. the latest in our russia white house.

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well, the graking news tonight. a federal judge has blocked part of the executive order. the part is that blocked funding for sanctuary cities. >> all told, he has signed 28 pieces of legislation and it's not just through legislation the president has made serious progress. the president promised to enforce our nation's borders. his attorney general, home lntd security and staffer have been

working around the clock to fulfill that promise. he has directed a halt of funding to jurisdictions that do not comply with federal immigration laws. >> just hours after he said that, a federal judge in california blocked that part of the executive order. joining me is our panel. seems another big setback for president trump in terms of his first 100 days. this is something sean spicer was touting as his first accomplishments in the first 100 days. >> it was also not vetted in much the way the travel ban wasn't vetted and if you look at snof issues the judge raised in terms of the constitutional issues, these are basic 101 kaungzitutional things that if he'd had more people with expertise, may have addressed that. so just the basic one is the separation of powers. the power that first belongs to the congress.

this is not something the president can do as an executive order. congress would have to pass some sort of law before he could do something like this. >> it's also much more limited. the president made it sound like all federal funds would be stopped to these cities. what they were arguing to this court was basically it's going to be three grants and the judge said you can already, under the terms of those grants, you can limit the funding under those grants. so the judge didn't buy the notion that all federal funds would be stopped. >> and i think it's technical in detail and i think the larger question is i'm with donald trump. one, who decides and sets immigration. number two, these cities are unilaterally deciding not to

enforce federal law. number three, president trump is dually elected and has the authority toissue executive orders that have to do with the implementation of federal law. i think it's perfectly reasonable for the federal gumpt with hold funds from cities and counties that are not following the rule of law and not complying with federal law. >> well, there's a 10th amendment that says you cannot common dear our local state and police officers. and said listen, you cannot condition federal funding in a coersive way that is akin of placing a gun to the head of these states. if they were to condition the funds in advance of the states accepting the money, then it would be a valid exercise of their power but they're trying to take the rug out from under

them. you must require what was not required of you when you first took the funding. it's very, very narrow and why the department of justice responded in the way it did. it comes down the 10th amendment. it's a nod to the very conservative justices who already said you cannot do this. ts to the rr the funny thing about pres dense. it works both ways. >> this is basically constitutional law 101 as kirsten said. that being said, this can be carried out by congress, but congress does have to aby to precedent, including a case south dakota versus dole which set out a road map on to how congress can put strings on the receipt of federal funds.

i wrote an opinion editorial that basically told congress how it can do this and if it abides by that road map and dots its i's and cross it t's it can give president trump a longer term victory, verses this efearial victory he was going for. >> is this a botch job wourt thinking it through? >> i don't want to judge them too much because you always make lot of mistakes early in days of administrations but i will say i think the trump administration was getting prethser to throw some bones to its base and that was a short term femeral pr victory. now they have to play the long game on a lot of these issues. because it's quite clear that this trump administration is going to face serious legal

challenges to almost every major move it makes. >> it's pretty stunning. if that's the case that just like with the seven country ban -- >> i think the legal experts can speak to this a little bit more. but the judge raised five different kooungsitutional objections. you have the separation of powers, violating the senate clause and two fifth amendment violations. void for vagueness, saying there was no explanation of how they could not run afoul of this and another fifth amendment violation was there was no notees to be heard. that's a lot of kaurngsitutional violations in one executive order. >> also the white house has said that a definition would be forthcoming. then three months, i just talked to the mayor of los angeles, he doesn't know their definition and they've gotten no

clarification. >> that's incompetence. i think riltser funny liberals are now defenders of states rights and keeping the big bad federal government from over reaching. very clearly what these sanctuary cities are doing is unilaterally deciding not to enforce federal law. i agree with congress -- >> to the argument the mayor of los angeles makes is they want to report crimes. they don't want people not bringing charges. >> that's a perfectly valid argument, except we have something called the rule of law. the federal law says you cannot come into this country legally -- illegally and they're choosing nautd to abide by the department of justice -- >> you're mistaken here on one issue. >> judy giuliani did this. he's a law and order person. he explained for all the reasons

you -- you need people to report crimes. and the whole this is a liberal thij, what i'velined is really kaurjsitution 101. >> i would love to see congress deal with this because that's how you actually change it long term anyway. >> you're mentioning a policy perspective. it's not like it's reporting crimes. there are prosecutorial guidelines they're trying to abide by. and for them to say we're going to order them according to our campaign rhetoric is an undermining of what the legal objectives are. their goal is to enforce the priorities more than about trying to minimize and solve violent crimes and you can all agree that being undocumented

immigrant is by far never a violent crime. >> well, look at the san francisco case where there was a guy deported multiple times and came back killing an american citizen. >> you're right. the crime he committed was in fact violent but the actual policy defense these states are enforcing is they're trying to prioritize solving crimes and trying to reallocate their funding in the priorities to accommodate the federal government without having funding is going to jeopardize to achieve the law and order that you speak of. >> we need to take a break. we're going to a be following this as it moves through the courts. more breaking news. former national skurtd advisor michael flynn got from house and turkey. the head of the house oversight committee says flynn may have brokeen the law. of ink! ink, not ink. printing doesn't have to be painful.

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allegations he may have brokeen the law, punishable up to five years in prison. it was flynn led the audience in a "lock her up chant" about hillary clinton. you remember they announced the findings after reviewing the application for national security clearance. calling the documents they looked at quote troubling. >> does the white house believe that lieutenant general flynn may have brokeen the law? >> that would be a question for him and a law enforcement agency. i don't know what he filled out or did or did not do. he filled that form out prior to coming here and so it will be up to the committee and other authorities. i don't know. >> that's exactly what they're doing tonight. >> reporter: tonight new questions bouts whether president trump's former national security advisor broke

the law over payments he received from turkey and russia. >> do you believe michael flynn broke the law? >> no data to support the notion that general flynn comply wouieh the law. >> reporter: the revelation after members of the house oversight committee reviewed documents. they revealed they've seen no proof showing flynn a top military official received permission from the pentagon or the state department for the foreign government payments he received. >> he was supposed to get permission and he didn't. >> reporter: and they say he didn't disclose the more than half million dollars for lobbying activities in turkey. or the $45,000 he received from russia for a rtt tv speaking agreement. >> as a former military officer,

you simply cannot take money from russia, turkey or anybody else and it appears as if he did. it was inappropriate and there are reprocushions for the violation of law. >> reporter: he says in a statement he did comply with the law on the russian statement. saying general flynn briefed the defense intelligence agency, a component agency of dod, extensi extensively regarding the speaking event. he lied about discussing sanctions with russian ambassador. now, salsy yates, who alurted the white house about his relationship with kiz neac. >> we will ask her all questions about russia, what she knew about trump ties, was there

anied a min strasany ed a madministration effort to people for political purposes? we're going it get to all things russia in terms of what the administration did and what russia did. >> reporter: and they say the panel wants to question flynn. >> is there any way you give flynn immune toty testify? >> no p. >> there are calls into an independent russian investigation. >> just today rod rosen stein was confirmed in the senate so he will over see the russia probe and he has told senators, according to senator chuck schumer that he will appoint a special prosecutor if in fact it is necessary. a recent poll shows 73% of americans want an outside bipartisan commission to look into russia's medaling in the

election beyond what's already going on. you have the intelligence committee investigation as well as the fbi investigation, anderson. >> much mere ahead. i'll talk to a member of the house intelligence committee about the allegation. and who else have they called to testify? be right back. the road can change in an instant. but with lightning fast shifts and dynamic track-tuned suspension, what the road demands, the gs delivers. experience high performance through high technology, in the lexus gs 350 and gs turbo. experience amazing.

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well, the breaking news on the hill tonight. former national security advisor failed to dis close payments he got from russia and turkey. white house won't say if flynn broke the law. you know there are multiple trump russia investigations underway. four committees are conduckitin probes. so the news that general flynn may not have complied with law, what do you make of that? >> i haven't actually seen the sf-86 form in question. that is the form anybody fills out who's getting a security

clearance. jason chaffetz and congressman cummings commit awho has shared that. and it is also true that if you lie on that sf-86, it is a felony. so the question becomes now was a deliberate omissions or an accident and that's something i would expect committee to look into. >> they're saying the white house declined to provide them with documents related to flynn. i wonder how surpriseing it is to you and are you satisfied with their level of cooperation? >> it's concerning because it's almost always true in these things that coop ralting and putting all the information you have out there is the right way to go. when you say wore rr not providing you with information we have, it raises in the minds

of people like you and the public of why not? obviously the question of whether there was anything more than just inattention to detail in the omission of these payments. our national security advisor getting significant payments from foreign countries. but it is something we'll be looking into it. we're -- recall, anderson that he asked for immunity in exchange from that testimony. >> do you think he should get immunity? >> i would start from the default position that no, he should it. in law enforcement kuhn tkst, you give immunity, usually, to smaller fish. so until somebody sat down with michael flynn and his lawyers to find out what he has and what

kind of legal jeopardy is he in? that's a question for fbi and law enforcement. rmnts and that hasn't happened? from any of the commities? >> on the congressional side, that has not happened. when he offered to testify in exchange for immunities, what the fbi may or not not be doing is an ongoing investigation. >> the senate judiciary committee will be testifying. and james clapper toifg in an open hearing. i think they've been invited to do so for your committee. how important is to have closed hearings, versus closed hearings. they can get into classified nfrlation they can't talk about in an open hearing.

>> and obviously they'll be constrained from talking about classified information. they may have classified information they couldn't discuss in public. i think it's important that as many of these happen as possible in the open so the american public can see what we're seeing. we can't have a situation where six or nine months there's no report. i think we need have a bias towards this being open. you'lly call four, five or six weeks ago before the whole situation with how that sort of took us off track for a while. and with clap squr brennan that was scheduled. we were all set and ready to go and then boom, it disappeared. we may learn when they finally do testify, why it was so

important that be canceled when it wads. >> we know we learned yesterday some members of the senate are frustrated. >> we had that two, three week carnival. since chairman nunes has rekiezed him of the fem i think we're back on track. we're scheduling hearings. so i do think we're back on track. i caught wind of everything that was tsds on the senate side. i mean, before you have oand many of them have to have hapb in chasifies spaces. this isn't something that can happen in a one or two week period.

and overall, i would say this is something you'd rather do right in a good details fashion than get it done quickly. >> up next president trump insists a big beautiful border wall will be belt. the question is. just like the people

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well, the big beautiful wall he promised to build and somehow make mexico pay. a source says one republican proposal does not include the wall. here's what he said today. >> we're already preparing. we're doing specifications and the wall is being built. >> in your first term? >> yeah, sure. got a lot of time. >> white house pres secretary sean spicer was asked about timing for the wall and the budget. >> there is a national economic

safety by having a wall that insures our public safety. 2017 our priorities are clear going into fy 17 and we'll continue to ask for more in fy 18. >> is it delayed for now? >> no one said delayed. >> you'll notice nor input's comments nor spicer's briefing, nowhere is there mention mexico. taxpayers will be paying for the wall, which is not what we were tolden the campaign trail. >> we are going to build a great border wall. >> we will build a great, great wall. >> we're going to build a wall don't worry about it. >> we will build the wall 100%. >> i promise. we will build the wall. >> and who's going it pay for

the wall? who's going to pay for the wall? who? >> it will be a great wall. mexico's going to pay for the wall. mexico is going to pay for the wall. mexico will pay for the wall. and mexico's going to pay for the wall and they understand that. >> mexico is going to pay for the wall. believe me, 100%. >> mexico's foreign minister said in no scenario will mexico pay for the wall. i mean, this was one of the president's biggest campaign promises. how essential is it that he delivers in some way here? sean spicer is careful to say there's a delay, there's no delay. rush bim bah went on the radio and attacked donald trump. there's at least four reasons. first, we don't need it. the flow of mexicans for five

years has gone back home. in other word we're losing mexicans. mr. trump's wall will only slow down their departure. third, there's no appetite for it on the hill. every single member of congress who's district that wall would go through opposes it and finally maybe most importantly, he's got a higher priority. >> his higher priority he's already outlined. $2.4 million he can find but nothing for his base that so despera desperately wants that wall. >> since taking office, the number of people crossing into the united states has dropped dramatically according to officials. the extension of timelines. are we witnessing the same thing we saw with repeal and replace

bau obamacare? >> i don't think so. we're at a 17 year low in illegal boarder crossings. enforceal the law works and the greater umbrella the president is delivering on that. and i want to say this. the policy -- >> what about the wall? is it crucial that he has to do that? >> i think it's crucial that he absolutely has to fight for it, but i think the american electorate understands that he's fighting chuck schumer, a man who voted for the wall in 2006 along with his senate colleague barack obama. but remember one thing that paul and i know and we've discussed off camera a minute ago, is that the issue is great for us. and i'm just talking straight politics. this is not good policy. but sometimes a political party does well when they talk about an issue and that issue doesn't

have to get resolved. if we republicans are the party of border enforcement, then it's a good issue for us. if chuck schumer wants to lead the fight against it, i know that's good in democrat pockets but -- >> paul, what about that? the congressman is saying as long as he's seen fighting for it maybe he doesn't actually have to deliver on it. >> the first republican president abraham lincoln said you can fool some of the people some of the time. and that's how donald trump got to become president. he got fewer votes by 3 million than hillary clinton but fooled enough people. and i don't fault those people, by the way. you fall for a con, it doesn't make you a bad person. it makes the con artist a bad person and a liar. that's who donald trump is. he's conned these folks. many of them good people, deep patriots concerned about the country with this whole thing -- >> you know his approval rate with republicans is still 80% to 85%. >> so the con is working. >> he's fighting washington and he's fighting for us. and i think that's what people see. >> is mexico going to pay?

>> i don't think mexico's going to pay directly but i think as jeff sessions said the other day there are a number of ways to get money out of mexico and one of them is the payments that go back for mexican workers who are in america. there are ways through that or through trade, through tax policies to recoup some of this money. >> taxing the money that mexican workers here in the country send back? or just taking the money? >> i think it would be taxing the money that they send back. but anderson, let me say this. and i'm speaking as a republican. 70% of this battle is building the wall. we republicans, the line about mexico paying for it, i know it's a big crowd pleaser, but you could ask them in terms of voter weight, the value of that is a lot less than building the wall. >> seemed pretty popular among those crowds, though, the idea of mexico paying for. we'll see. jack kingston, thank you. paul begala as well. first daughter ivanka trump heckled in germany. we'll explain why. and what led to the rocky

reception. how she responded. we'll continue. mr. stevens? this is your new name. this is your new house. and a perfectly inconspicuous suv. you must become invisible. [hero] i'll take my chances. if you have moderate to severe ulcerative colitis or crohn's, and your symptoms have left you with the same view, it may be time for a different perspective. if other treatments haven't worked well enough, ask your doctor about entyvio, the only biologic developed and approved just for uc and crohn's. entyvio works by focusing right in the gi-tract to help control damaging inflammation and is clinically proven to begin helping many patients achieve both symptom relief as well as remission.

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ivanka trump got heckled on the world stage today. the first daughter making her first overseas trip in her new role as presidential adviser. spoke at a women's summit in berlin, germany. here's how the crowd reacted when she defended her father's record on women's issues. >> he's been a tremendous champion of supporting families

and enabling them to thrive. in the new reality of -- >> you hear the reaction from the audience. >> ivanka trump supporting her dad in germany, facing criticism. she fills that same role here at home and many others. here's tom foreman. >> reporter: fashion mogul. >> white diamonds. flanking stone on either side. >> reporter: policy wonk wp. >> i've been engaged in a long-term campaign to support young professional women. >> reporter: or defender in chief whether for her father's behavior toward women. >> look, i'm not in every interaction my father has. but he's not a groper. it's not who he is. >> reporter: or claims of anti-semitism. >> he clearly did not think that was a star of david. so i think that it should have been taken at face value. that was clearly not the intention. >> reporter: the true nature of ivanka trump's role is a mystery. just as it was throughout the campaign, it still is even as she settles into the white house

as an unpaid adviser. >> i want to thank my daughter ivanka who is with us today. >> reporter: she's shown up in top-level meetings with foreign leaders. she has a staff, an office in the west wing and she's expecting security clearance. she's been at the table to discuss american business concerns. at her dad's desk to congratulate an astronaut in space. >> i'm here in the oval office along with my daughter ivanka. >> reporter: but again, what is she doing? ivanka has implied her chief agenda is keeping rights for women and children in the forefront. indeed, her father brought it up to congress. >> my administration wants to work with members of both parties to make childcare accessible and affordable, to help ensure new parents that they have paid family leave. [ applause ] >> reporter: others suggest the first daughter is first a voice of moderation. offsetting conservatives on matters such as gay rights,

climate change and abortion. but she won't confirm. >> my father agrees with me on so many issues. and where he doesn't, he knows where i stand. >> reporter: beyond that, she's supremely cagey. seldom revealing where she stands or how she shapes her father's positions. driving critics crazy. >> i think most of the impact i have over time most people will not actually know about. >> oh, that's convenient. so we should just give her credit when good stuff happens and then blame others when bad stuff happens. that's not a job description of a political adviser. that's a description of an old testament god. >> reporter: all of this matters because ivanka trump's unique position raises questions about conflicts of interest and accountability and transparency, all of which are difficult to answer if we don't even know what her job is. anderson? >> tom foreman, thanks very much. thanks for watching "360." we're out of time. time to hand things over to jake

tapper for a primetime edition of "the lead." president trump said we're going to win so much, you're going to be sick and tired of winning. then federal courts said, not so fast there, donald trump. "the lead" starts right now. breaking news. another judge dealing president trump a major setback. this time regarding a crucial executive order on sanctuary cities. senator cory booker will be here to react in minutes. also breaking tonight, the house oversight committee saying that the president's former national security adviser, michael flynn, may have broken the law regarding a russian payday. plus, a candid conversation with facebook's sheryl sandberg. how she and her children are coping with the immense pain of shockingly losing her husband. good everyone, everyone. welcome to a special prime time edition o