they said they worked closely with the martin luther king jr. estate during the process. and another one re-enacting the scene during tkurt kwdirty danc. this was a hit with viewers. i like that. giants win. benefit ad. "new day" starts right now. it puts into context new unseen evidence that bolsters the fbi's credibility. >> there is a little bit of sweet revenge. if they wouldn't have done this this would be going on at the highest levels of government. >> there is a russian investigation without a dossier. >> this could precipitate a constitutional crisis. house republicans believe they have set the stage for this president to end this investigation. >> launching one for the end zone.

time runs out. >> to be part of the first world championship. we're blessed. >> we battled but obviously didn't get the job done. >> if we don't go back to see reasonable, i'm mad. >> this is "new day" with chris cuomo and alisyn camerota. >> we want to welcome our viewers in the united states -- you don't. we'll get to why you are in a very bad mood. he will turn it around for you. this is "new day". it is a "new day", john. it is monday, february 5th. chris is off. john berman is in mourning because of this. >> i'm okay. they tried. they tried really hard. the eagles were better. the fact that you are wearing eagles green is a slap in my face. i wasn't expecting it this morning, but okay. >> i'm really wearing it for the puppy bowl. they were the underdogs.

they toppled the defending champions patriots, 41-33. haven't the patriots won enough? philly fans have waited a half century for this day, john. >> it was a stuping ganning gam. most valuable player, philadelphia's backup quarterback nick foles. he nearly quit football three years ago. last night he made the eagles fly. he defeated five-time super bowl champion tom brady. brady threw 500 yards. even in defeat, he looked handsome. but it was in fact, a critical play against brady that sealed the deal for the eagles. cnn's coy wire in minneapolis with all the highlights. >> and time runs out. >> reporter: underdogs no more. the philadelphia eagles winning their first super bowl championship edging out five-time champs the new england patriots in awe thrilling upset

decided in the final three minutes of play. >> the city of philadelphia deserved this and we're happy to deliver. >> reporter: with seconds to go, tom brady throwing a hail mary pass into the end zone, but it falls incomplete. it was a super bowl rematch no one expected. after several injuries seemed to dash the team's hopes of even reaching the playoffs. >> our character really shone through tonight. so happy for our players. >> reporter: nick foles, backup turned start or after injury to carson wentz. >> just to be part of this organization and the first world championship, we're very blessed. it's an unbelievable feeling. it's all soaking in. it is unbelievable. >> reporter: foles companying a fourth down touchdown pass to end the first half, becoming the first player in nfl history to throw and catch a touchdown pass in a super bowl.

the patriots tried to execute a similar trick play earlier in the day, but brady dropped the ball. >> i mean, losing sucks. paets pa that's part of on it. you show up. sometimes you win and sometimes you lose. that's the way it goes. >> reporter: a huge scoring drive in the fourth quarter. eagles answer right back with a game-changing touchdown and this key defensive play. brandon graham sacking brady, knocking the ball from brady's hand, new england's only turnover of the game. >> i'm just thankful for this opportunity. we got to beat tom brady and he didn't come back and win. >> philly, this is for you. we love you. we're bringing the trophy home. philadelphia, top dogs, baby. >> reporter: what an incredible historic night here in minneapolis. it is funny how things work out.

this nfl season started out in philadelphia with the nfl draft book held there for the very first time. and now it will end with a championship parade for fulfill's first ever super bowl title. that will happen wednesday. you have a feeling they're still partying in philadelphia. >> i think that's a safe bet, coy. thank you very much. john, i think these are really going to help you. thousands of fans taking to the streets to celebrate the eagles's big win. people partying on broad street and partying into the night. alex, how is it looking right now? >> reporter: good morning, alisyn. well, things have certainly calmed down. the party has come to an end. a few hours ago, this was the heart of the celebration. thousands of people converging down here in downtown philadelphia at city hall.

sanitation workers have done a fantastic job cleaning it all up. you can barely tell people were here last night. most people will be waking up with nasty hangovers. after this historic victory, the mayor of philadelphia called on on the city's residents to go forth and celebrate but do so in a way that will make philadelphia shine. for the most part, that held true. this was their first super bowl victory. you can imagine it was a raucous party. people out in the streets chanting, shouting. many, as i mentioned, drinking. there were a few pockets of violence. a car overturned. macy's window was smashed. several light poles were knocked over. i want to show you one of the most dramatic scenes that happened. this is the awning of the ri ritz-carlt ritz-carlton. people were jumping up and down. i think we have some video. this is the aftermath, the

twisted mess of metal. there were sfrl injuri there were several injuries. there were three arrests overnight. but the mayor's office telling us it is important to note that tens of thousand of fans came out to celebrate peacefully but for a few bad actors. cleanup continues ahead of the victory parade. >> congratulations to the people of philadelphia. i hop you all get to enjoy this moment. what a game. what a moment for fans who have been waiting for this for a long, long, long time. >> very gracious of you. >> again, can i have the tissues back? now to our other top stories, democrats on the house intelligence committee will release their memo which rebuts the controversial republican memo. kaitlan collins live at the white house with what we can expect >> reporter: well, the president spent the weekend insisting that

the republican memo vindicates him in the russia investigation. his fellow republicans outright rejected that claim and even sought to distance themselves from the president's position. on the other side of the aisle, democrats are hoping to convince the house intelligence committee to release a memo of their own. >> the interest wasn't oversight. the interest was a political hit job on the fbi in the service of the president. >> reporter: democrats on the house intelligence committee demanding the release of their rebuttal to the controversial gop memo alleging fbi surveillance abuse. arguing that the republican document is incomplete and full of mischaracterizations. >> they've got a warrant on someone in the trump campaign using opposition research paid for by the democratic party and the hillary clinton campaign. that's what this is about. >> what we will learn is that it is not true that this fisa warrant was awarded sole on the basis of the steele dossier.

we will also learn that the fbi, because they are very careful people, didn't mislead the judge. >> reporter: the senate minority leader urging the president to support the release of ranking schiff's memo saying it will confirm the american people's worst fears, that the republican memo was only intended to undermine special counsel robert mueller's investigation. the president taking a victory lap saying the memo totally vindicates him in the russia probe. >> this memo has nothing at all to do with special counsel. >> this is a separate issue. >> it isn't about the special counsel's investigation. >> reporter: even trey gowdy defending mueller's investigation. >> there is a russia investigation without a dossier. the dossier has nothing to do with the meeting on the trump tower. >> reporter: the president's son

at the center of the firestorm with the meeting applauding the memo. >> there is sweet revenge in it for me and the family in the sense if they wouldn't have done this, this stuff would be going on. >> reporter: the number two democrat in the senate saying they warn against firing the man at the head of the investigation. >> to say this is all donald trump needs to fire rosenstein or bob mueller, i'll tell you, this could precipitate a constitutional crisis. >> reporter: the white house maintains rod rosenstein's job is not on the line here. but the president is headed to ohio to speak at a manufacturing plant still has not said if he has confidence in the deputy attorney. >> thank you, kaitlan. let's bring in our guests, john avlon and a.b. stoddard.

i see you wearing your green, john. that's really hurting. what was so interesting this weekend, a bunch of republicans came out and said the nunes memo does not vindicate the president, most notably trey gowdy. he hpld draft it. let's play a longer version of what he said about the memo and its effect on the president. >> the dossier has nothing to do with the something at trump tower or an e-mail sent by camp bridge. it really has nothing to do with george papadopoulos's meeting in great britain. it doesn't have anything to do with the obstruction of justice. so there is going to be a russia probe even without a dossier. >> john, what he means is if the memo -- sorry, as the memo alleges, the dossier was the basis for the investigation. he said that's just b.s. >> he lays it out really

clearly. there will be a russia investigation because of obstruction and on and on. to some extent this is republicans gaining spine when they're on their way out the door. we have seen this before in criticism of trump. gowdy is a guy who puts the justice process ahead of politics, which is one of the reasons he says he's leaving congress. for all trump answer spinning off his tweets over the weekend, trey gowdy put a dagger in the line of that. >> trey gowdy was the only one who saw the underlying intelligence behind what became the memo. i was shocked that he laid out the case as he did just there for the special counsel to look into everything the special counsel is looking into there. those are not words trey gowdy had to say. he chose to say them, a.b., which seems to me to be a message to the white house and allies of the president saying

you better be careful. you have taken this memo way too far. >> i agree, john. it was not subtle the things he listed. meeting the a trucker tower, cambridge an lit qaa. the grounds are fertile. and the investigation is into is things that likely have nothing to do with carter page. i thought it was also interesting -- speaker ryan and trey gowdy have seen the underlying classified intelligence and are both saying this has nothing to do with bob mueller's investigation and they are defending bob mueller's investigation. it's not clear where the rest of the rank and file will follow. the two things to watch i think are this. whether or not those comments from congressman gowdy and other republicans yesterday will lead to support enough republican votes on the house select intelligence committee to support release of the democratic rebuttal. the other thing to watch -- the only thing of consequence in

this memo which was not a bombshell by anybody's definition was the description of the dossier as essential to the application -- the approval of an application for a warrant. and you have democrats saying that's not true. that's not what deputy fbi director andrew mccabe said in his testimony. we have got to see that testimony. it would be really staggering to me if republicans on the committee were actually not telling the truth about his testimony, characterizing what he said, and describing in the memo that it was the backbone, the essential evidence for a warrant when indeed it sounds like it wasn't, according to democrats. so that's going to be very important to see if, a, the committee will support its release and president trump as well but the end of on this week. >> that is -- how can the republicans say that they're for transparency and they released their memo in the interest of transparent su if today te don't

allow the democrats to release their memo. >> that's the reason they have been absolutely open to accusations this is a partisan answer. rubber meets the road today. put out the democratic memo and let's see it in full context. what came out over the weekend did not help the republicans's case at all. "the wall street journal" reporting that the original fisa request had -- did acknowledge there was a partisan element to the dossier's funding. >> it's one of two folks and the dnc probably has more of an interest in this. that was a core claim in this memo. they say that doesn't hold up under any scrutiny. >> they now will have to approve this democratic memo. the president has to sign off on

it or look like he is hiding from it. if he doesn't, the "full house" votes. the republicans put themselves in a position where they will be tested this week on this investigation. it is very surprising to me that they did this. the democrats are falling into a little bit of a trap too. no, no, don't fire robert mueller, don't fire rod rosenstein. i'm not so sure that's the aim of all of this. i always thought what he is trying to do, the president, to look for a reason not to testify before robert mueller. that seems to the most attainable thing. look, i'm not going to testify before this investigation which was tainted, in his mind, from the start. >> right, john. i think it's actually a way to meet several goals which is he doesn't want to sit down and testify with mueller. he wants any findings in the end to be questioned by his base of support and maybe others. and he wants to, i think -- he has his sights on rosenstein.

that's clear. and he has been talked before by his legal team and close advisers in the white house, out of firing people. they have been successful in stopping it. it doesn't mean it couldn't happen at some point. listen to the republicans who say, oh, he's not going to fire mueller. because they're the ones who are obviously, you know -- they're most khroetly aligned with president trump. >> right. >> the ones naming rod rosenstein and saying, no, no, i think his job is safe, they are the ones telegraphing you should not fire him. >> i think would the president like to fire mueller and rosenstein? yes. would the political cost outweigh the argument? that's the argument being made internally by don mcgann and others. but the larger effort is to create a reality of distortion field to his base rejects

anything that comes out of the independent investigation. they're both insults. >> it was the hashtag release the memo. guys, hang on. president trump claims this memo vindicates him. what does the republican memo actually reveal from a legal standpoint? we'll discuss the two next. need a change of scenery?

kayak compares hundreds of travel and airline sites so you can be confident you're getting the right flight at the best price. cheers! kayak. search one and done.

for all the noses that stuff up around daisies. for all the eyes that get itchy and watery near pugs. for all the people who sneeze around dust. there's flonase sensimist allergy relief. it relieves all your worst symptoms including nasal congestion, which most pills don't. it's more complete allergy relief. and all from a gentle mist you can barely feel. flonase sensimist helps block 6 key inflammatory substances. most pills only block one. and 6 is greater than 1. flonase sensimist.

on a perfect car, then smash it into a tree. your insurance company raises your rates. maybe you should've done more research on them. for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident. switch and you could save $782 on home and auto insurance. call for a free quote today. liberty stands with you™. liberty mutual insurance.

president trump thinks the memo totally vindicates him. fascinating. you actually have an op ed in the "washington post" over the weekend which says that what you think this memo manages to do is confirm that the investigation into the trump campaign's possible ties to russia has a solid basis. explain. >> that's right. so i've gotten these fisa warrants before. to get a fisa order on a u.s. person, there is a bit of a high probable cause standard compared to foreign nationals. you have to show this person was knowingly acting on behalf of a foreign power. we know the fbi approached carter page as far back as 2013 to let hum know he was being recruited by russian agents. so if he continued to be in contact with them, he was doing so knowingly. and if by the time they got the

fisa order and were able to renew it three more times, it meant he kept staying in contact with them after he left the campaign. he was basically developed as a spy. this memo shows he was operating in that capacity for the russians while he was in the campaign. >> we just don't know if he knew it. >> oh, he knew it. >> i mean, knew that he had contacts with russia. but you're saying he was knowingly a spy while he was on the campaign? >> when the fbi would have interviewed him in 2013 they would have warned him, look, we think you might be being approached, these are people affiliated with intelligence. the fbi does that to try to neutralize their adversary's operations. the idea is if i come to you and say, by the way, you might be targeted as a russian spy, you may not talk to those people again. you probably wouldn't, you would think. and the idea is that messes up

the russians's game. for him to continue to do that implies he was willingly and knowingly participating in those activities and they would have to keep showing information after the fisa started to keep it renewed every time, four times. >> the two big gotchas are number one the steele dossier information was used in the fisa judge four times was not told that the clinton campaign or the democratic national committee was funding it. without the dossier it claims no warrant would have been sought without that information. having read the memo now does it, a, prove those two things. b, if it does prove those two things, do they matter? >> having read the memo, unfortunately it does not prove those things because the memo has a number of omissions.

so unfortunately the way that the committee and the majority of the committee went about releasing this memo is it appears because so much information is missing, the way that it is characterizes, i'm not convinced that it is an accurate representation of what was in the applications and what the department of justice and the fbi actually reported to the court. and because also fbi director wray issued that strong statement saying that the memo was misleading, i suspect what he was most concerned about was that the fbi and the department of justice had in fact been truthful to the court about the reliability assessment of steele, about what they knew about how his investigation was funded. we don't know what level of detail that they provided, but i think based on the strong reaction from director wray, the

conclusion i draw from that is that the fbi and the justice department were more forth coming than chairman nunes and the white house would like us to believe. >> the bottom line is you have applied for a fisa warrant multimedical times. would these fisa judges ever allowed just the dossier for issuing a fisa warrant? is that how it works? >> that is not how it works. there are years of investigative opportunity that goes behind a fisa warrant. you can't rely on one person. you have physical survey lance, financial records. just remember these were four different judges. and 6th judge that is selected to be on the fisa court is selected by the chief justice of the supreme court.

currently republican appointee john roberts. so hard to believe they are biased against any party. >> they are not democratic plants? >> i can tell you federal judges are not easily duped. >> good point. no matter who they were appointed by to be on the fisa court it is chief roberts john roberts who puts them there. carrie, the one concrete thing confirmed is something that sort of has been denied at least directly to me by some of these intelligence committee members that the papadopoulos investigation was what started the fascination. counterintelligence investigation was launched because george papadopoulos had been bragging that the russians were promising dirt on hillary clinton. >> so, john, i'm a little bit cautious about drawing the conclusion even from the memo that papadopoulos was the sole

trigger for the fbi counterintelligence investigation. it may be he was a significant factor. it may be that he triggered the opening of the investigation. but i think it's important that we keep in context that in june and july of 2016 other things were going on. namely, wikileaks released the dnc e-mails that were hacked. and the president was making numerous statements, happy about the release of those e-mails. we don't know what the fbi knew about the june 2016 meeting at the time. so i would suggest that it's possible that the issues surrounding papadopoulos were the trigger for opening an investigation. but i think there was a lot else going on at that time that would have played into the fbi's counterintelligence. >> thank you for your expertise in all of this. now this story. a deadly amtrak train crash.

could this tragedy have been avoided? we have a live report next. with expedia, one click gives you access to discounts on thousands of hotels, cars and things to do. like the papaya playa project for 49% off. everything you need to go. expedia.

what is this?

when we love someone, we want to do right by them. but some things we can't control like snoring. (snoring) introducing theravent anti-snore strips. clinically shown to reduce snoring. theravent. the answer is right under your nose.

( ♪ ) (grunting) today is your day. crush it.

angie's boom chicka pop whole grain popcorn. boom! >> amtrak is blaming a freight train operator for causing the deadly crash on sunday after the passenger train was diverted onto a side track. amtrak train slammed into the parked freight train killing two people and injuring more than 100. kayla hartung is in south carolina with the latest on what they have learned. what are they learned kaylee? >> reporter: a train was lined and locked. it diverted the amtrak off the main track and onto a side track, colliding it squarely with the parked freight train. investigators want to know why, how could this fatal mistake

have happened. it is a question for are csx who owns and is responsible for operating and maintaining the stretch of track and its switches. they are cooperating fully with the ntsb's investigation but not alleging any wrongdoing. what is particularly trouble to go hear is that this crash could have been prevented. even though the switch was in the wrong position, the technology exists to alert the train's engineer that the switch is in the wrong position. it is called pofsitive train control. it was supposed to be installed by 2015 but csx asked for an extension. they needed more time. law make, gave it to them. now determining whether ptc was installed will be an important participation of this investigation. >> kaylee, thanks so much. how do they stop it from

happening again? we talk to the head of the ntsb next. and go to our coffee shop. and meet dave. hey. why is dark magic so spell-bindingly good, he asks? let me show you. let's go. so we climb. hike. see a bear. woah. reach the top. dave says dark magic is a bold blend of coffee with rich flavors of uganda, sumatra, colombia and other parts of south america. like these mountains, each amazing on their own. but together? magical. all, for a smoother tasting cup of coffee. green mountain coffee roasters packed with goodness. we know that when you're >> tspending time with thelass grandkids... ♪ music >> tech: ...every minute counts. and you don't have time for a cracked windshield. that's why at safelite, we'll show you exactly when we'll be there. with a replacement you can trust.

all done sir. >> grandpa: looks great! >> tech: thanks for choosing safelite. >> grandpa: thank you! >> child: bye! >> tech: bye! saving you time... so you can keep saving the world. >> kids: ♪ safelite repair, safelite replace ♪ [ click, keyboard clacking ] [ keyboard clacking ] [ click, keyboard clacking ]

♪ good questions lead to good answers. our advisors can help you find both. talk to one today and see why we're bullish on the future. yours. talk to one today and see why we're bullish on the future. at holiday inn express, we can't guarantee that you'll be able to contain yourself at our breakfast bar. morning, egg white omelet. sup lady bacon! fruit, there it is! but we can guarantee that you'll get the best price when you book with us. holiday inn express. be the readiest.

the head of the ntsb said the deadly collision sunday between am tran train and a parked freight train was preventable. mr. chairman, thank you so much for being with us. this switch was lined and padlocked in the wrong position. do you yet know why? >> good morning, john. learning why that switch was the position that it is in is key to the investigation. that's what we plan to find out. >> you have four facing cameras retrieved at this point. what's the data showing from that? >> the cameras were taken back to washington -- the recordings were taken back to washington yesterday. we are hoping we will be able to retrieve good data from that. at this point, we don't have the data. >> any concerns, complaints about this section of track as far as you know?

>> none whatsoever. >> you said this crash was preventable. how would positive train control have stopped this? >> it is designed to prevent four types of accidents. this is exactly one of those four types of accidents that it is designed to prevent. >> and how so? it gets sensors. it gets data from ahead of where it is on the track and automatically without people on the train changing things, it would slow the train down. is that how it works? >> yeah. that's pretty much it. it knows where the train is, what the signals are showing, what the switches are doing, the rail switches are doing. and if things are not like they should be, it will actually stop the train. >> and that was not operable now. remind our viewers why positive train control is not operable on all passenger tracks around the country. >> well, that he wants a great

question. ptc has been something the ntsb has been calling for many, many years. we have seen numerous accidents that could have been prevented about i ptc. it was mandated after a collision in 2008 in chatsworth, california. the congress said it had to be installed by the end of 2015. then they offered an extension to the end of 2018. so the deadline is the end of this year, and we believe that the sooner it gets installed the better so we won't be seeing tragic accidents like we are looking at today. >> not to put too fine a point on it, but the fact that this deadline was extended, has it cost lives? >> we have seen accidents since then that could have been prevented by ptc. but the reality is frankly is the railroads were not able to get it all done by the 2015 deadline. so it really did need to be

extended. but i will say that for every day, for every day that goes without ptc, we run the risk of another accident like we had yesterday morning. >> the people on the train, the conductor, the engineers, they will be interviewed as a matter of course. explain to us that process. >> well, of course the engineer and the conductor on the amtrak train were fatally injured. the engineer and the conductor on the freight train, it is a priority for us to get those interviews. >> explain to me the relationship between csx and amtrak. >> well, amtrak operates over of course pretty much the entire united states. they don't own all of that track at all. so it's not uncommon for one railroad to operate across somebody else's railroad. that happens all the time.

freight trains do that. passenger trains do that. it just so happens that csx is who owned this particular stretch of the track. >> to have two deadly crashes in less than seven days, it's difficult for people who look at this and say the rail system in the united states is as it should be. what message do you want to send right now to train travelers? >> well, i think that we've got to look at each individual accident and decide what's going to there. on wednesday, it appears that somebody had a garbage truck on a railroad track and hit it. today we're looking at different circumstances down here in south carolina. so i wouldn't want to draw any gross conclusions based on on a couple of different accidents. but generally speaking, our rail system works very well. unfortunately we do have accidents like we've seen here. >> and one consistent message is you do want to see the positive train control in place as soon

as humanly possible. thank you so much for being with us, mr. chairman. appreciate it. >> thank you very much, john. controversy of a super bowl ad that used "the voice" of martin luther king to sell trucks. the backlash and what this is about next. ( ♪ ) ♪ one is the only number ♪ that you'll ever need ♪ staying ahead isn't about waiting for a chance. it's about the one bold choice you make, that moves you forward. ( ♪ ) the one and only cadillac escalade. come in now for this exceptional offer on the cadillac escalade. get this low-mileage lease on this 2018 cadillac escalade from around $879 per month. visit your local cadillac dealer. excuse me, are you aware of what's happening right now? we're facing 20 billion security events every day.

ddos campaigns, ransomware, malware attacks... actually, we just handled all the priority threats. you did that? we did that. really. we analyzed millions of articles and reports. we can identify threats 50% faster. you can do that? we can do that. then do that. can we do that? we can do that. stay at la quinta. where we're changing with stylish make-overs. then at your next meeting,

set your seat height to its maximum level. bravo, tall meeting man. start winning today. book now at lq.com

>> okay. . breaking news on the super bowl. we're joined on the phone by a mystery guest. this is our super bowl commentator who wants to call in to talk to john berman. hi, caller, do we have you. >> i'm here. can you hear me? >> do you possibly do a 4:00 p.m. show here on on cnn? >> that's correct. >> jake tapper is joining us right now. >> jake tapper, it's john berman. congratulations. it was an incredible game. i can't believe you were there. and i can't believe how good

your team was, to be completely honest. and i can't believe how bad i feel this morning. >> well, you're gracious in your loss, john. i appreciate it. it was an incredible game. brady kept it alive. 14 second left and everyone was still out of their seats. it was incredible. but i have to say, we won and you lost. i just wanted to call in and make sure in case you missed it. >> that is the lead. >> just so you know, that was previously sourced. i knew that coming into the broadcast today. be honest. you were convinced with 2:15 that the eagles were going to lose. you had given up hope completely. you left the stadium and were cowering in the corner? >> that's not the case.

i was confident in the process. tom brady in his prime would have pulled it off. but old man brady, i saw something else. john, maybe you need to do a little game of catch. >> it was a fumble. it was a sack and a fumble. old man brady, as you say, threw 500 yards. he had a great game. i know you are gracious in your victory, it's just the fact that you haven't slept that is tainting your view. >> no. the truth is new england is an incredible feat. and only because it was brady there was wondering if the patriots were going to come back. new england is really good. philadelphia, at the end of the day, ground it out and just

outworked new england. i'm being encouraged by our friends to give you guff. >> that is true. i want to give you a little guff. there are various pictures of you in little outfits. i see you in all of your green. then i see you in this i guess full-on football uniform that we're going to put up again which looks really fun. it sort of makes you look a little bit like your 4-year-old self i self. >> that is a pregame party. >> i know. i like the idea of you going to the game in a full football uniform. >> sometimes i just likes to wear the tight pants. >> that's normally what i wear to the office. >> on a scale of one to ten, how

happy are you this morning? >> here's the thing. i and i sat next to a patriots dad and his son yesterday which definitely made me a much nicer fan. you have five of them already. we haven't won anything. i remember when i was 11, 25. >> i'm thrilled for my friend jake tapper. he was being nice this morning, as nice as he could be. it has been an incredible night for him. my hat goes off to you. >> jake, thank you. great to talk to you. thanks so much for calling in. see you today. >> what a jerk. what a freaking jerk. >> how dare he. >> how dare he call into the show like that. congress has one month to pass a

bill to protect dreamers. one congressman thinks his bipartisan plan is the solution. he tells us all about it next. whoooo.

going somewhere? here's some advice. tripadvisor now searches more... ...than 200 booking sites - to find the hotel you want and save you up to 30%. trust this bird's words. tripadvisor.

at holiday inn express, we can't guarantee that you'll be able to contain yourself at our breakfast bar. morning, egg white omelet. sup lady bacon! fruit, there it is! but we can guarantee that you'll get the best price when you book with us. holiday inn express. be the readiest. democrats are trying to persuade the house intelligence committee to release their rebuttal to that controversial gop memo that alleges surveillance abuse at the fbi and justice department. joining us now is pete agalarov california, a member of the congressional hispanic caucus. good morning, congressman.

>> good morning, alisyn. thanks for having me on. >> are you in favor of the democrats releasing their rebuttal? >> absolutely. of and congressional republicans should be too. they have been talking all weekend about transparency. let's put all the memos out there and let the american people decide and weigh in. >> one of the things that they claim is that the fisa court was never told that the russian dossier was funded by the clinton campaign and the dnc. if that is true, would that, to your mind, taint the whole fisa court process? >> well, i don't think that to be true. but let's talk about exactly why we got here. you know, the fbi has called this extremely reckless, the release of this memo. my colleagues on the other side of the aisle continue to talk and to step all over themselves this weekend on the morning shows. it's been ridiculous. this is a failed partisan

attempt to discredit the fbi because the fbi is investigating the president and his associates. >> yeah. but how can their release be extremely reckless but you want the democratic rebuttal released? isn't that the same thing? wouldn't that be extremely reckless as well? >> clearly it's been said the context of the partisan republican memo doesn't capture everything. so clearly let's put the other memo out. let's get better context by which decisions were made, and then let the american public decide. but clearly we'll take the lead from the intelligence committee. unlike my colleagues on the other side. if they indicate that they don't want this released, then we'll reevaluate. >> do you think, as president trump said, this vindicates him? >> no. clearly not. i think you heard house republicans say that's not the case. that might be wishful thinking by the president, but i don't believe that to be true. >> speaking of house

republicans, what did you think when you heard trey gowdy say that wasn't the case? trey gowdy has been involved in this, he has been involved in crafting that memo. why did he go on tv and say that this basically doesn't vindicate the president because there are all sorts of other threads that existed outside of this? >> well, i can't speak for trey. clearly he announced he's not coming back to congress. i hope that he can continue to talk exactly about his respect for the intelligence committee and the men and women at the department of justice. and he pushes the house republicans to do the right things in this regard. >> okay. let's talk about the issue that is near and dear to your heart, immigration. we know congress has been trying to work on this. you have a bipartisan bill that you are trying to get passed with will heard. where are you with a bipartisan fix for the dreamers and be beyond? >> later today, senator coons

and senator mccain will introduce similar language to our bipartisan bill that we put out in the house. we introduced the bill with 25 democrats and 25 republicans. the fact that this is going to be bipartisan and bicameral i think is an important thing. this is a daca fix with sensible common sense border security. that's where we need to start. those are the things that democrats and republicans can agree on. so let's start there. let's leave some of the more controversial topics to immigration reform later. >> let's talk about the details in yours. >> sure. >> there were sticking points, as you know. does your bill cover 1.8 million dreamers, as the white house said they want. and does it give the funding for the president's border wall? >> so the congressional budget office scored ours on previous language as $2 million. $1.8 to $2 million.

we're in the same ballpark between the white house proposal and our proposal. your second point, this is not an appropriations bill. so what we try to do is set the policy framework to have smart technology-based border security measures. but as the budget process goes forward, the appropriators in the house and senate will likely add home land security funding to this. that is just always part of our process. but to add money to the bill at this point doesn't make a lot of sense when we have the budget that is also being discussed. so that's the more appropriate vehicle to add sensible measures from the financial side. >> congressman, as i'm sure you've heard, the president said we shouldn't refer to the 2 million people as dreamers. he said there are dreamers who were born here. that's who should be called dreamers. and they should be called daca people. what's your response? >> well, i'm not -- you can file that under one of the places the

president and i disagree. these are young men and women who are american in every way, shape, and form except for a single piece of paper. they live in your neighborhoods, go to our schools, teach our kids in many cases. so we need to do everything we can. and the clock is ticking. this is an incredibly urgent situation. so as we lead up into march, we need to make sure we offer the stability and certainty these young people need because they represent what i would view as the american dream. >> congressman aguilar, thank you to have for being on "new day". >> thank you. thank you to our criminal -- cnn international viewers. >> they have a warrant on someone in the trump campaign using opposition research paid for by the democratic pa that's what this is about.