be away. so some of these individuals would scout out their homes and know when to break in, to steal some of some of these high dollar goods. and they're also warning about their tactics. they go from the very primitive like posing, according to the feds, as joggers or lawn care workers to conduct surveillance on houses to the more advanced, like using drones. that's hard to believe, but also even using wi-fi signal jammers to try to mess with the wireless surveillance systems that some of these players may have in their home. >> so they were able to overcome burglary alarm systems. >> essentially, they were able to know exactly when to go in. and that's the key here. what one of the experts that you just heard from saying, it all boils down to what the player, the celebrity, may actually be doing. not to advertise some of their high dollar, high priced goods on social media, because it's very easy for you and i to simply go onto their schedule, especially if it's a sporting team, certainly, and know when they're going to be playing out of town. it is. it is very advanced the way it was described by an expert today. they are highly intelligent, very sophisticated. and just because these guys have been charged, it's not the end of

this. >> polo sandoval thanks so much. the news continues right here on cnn. >> it is thursday. february 20th. >> right now on cnn. >> this. >> morning. >> a dictator without elections. zelenskyy better move fast or he's not going to have a country left. >> turning on ukraine. >> president trump. >> calling vladimir. >> zelenskyy a dictator and pushing straight up kremlin talking points that ukraine, not russia, started the war. plus. >> inflation is back. and they said, oh, trump and i had nothing to do with it. >> it's all about the economy. a new cnn poll reveals how americans feel about president trump's campaign promise to address the pain in their wallets and. just a heartbreaking return. hamas hands over the remains of four israeli hostages, said to include a mother and her two very young children.

5 a.m. here on the east coast. here's a live look at the capitol dome. good morning everyone. i'm jim sciutto in for kasie hunt. great to have you with us. the rift is now very much out in the open. president donald trump stepping up his attacks on president volodymyr zelenskyy after the ukrainian leader accused trump of living in, quote, a disinformation space. when it comes to a fact, russia's invasion of ukraine. trump responded by calling zelenskyy the elected president of ukraine, a dictator on social media, and then later repeating his attacks. >> a modestly successful comedian. president zelenskyy talked the united states of america into spending $350 billion to go into a war that basically couldn't be won. the only thing he was really good at was playing joe biden like a fiddle. he played him like a

fiddle. a dictator without elections. zelenskyy better move fast or he's not going to have a country left. got to move, got to move fast. >> that sounds, frankly, like a threat. trump is also vowing to push for a deal for the u.s. to take half of ukraine's mineral rights, something zelenskyy rejected. as president trump repeats russian talking points about its invasion of ukraine. ukrainians who have been living through three years of a brutal and devastating war are reacting with anger and fear. >> i just i have. >> really bad feeling. that the future of ukraine is not really bright right now because of everything we hear in news from trump, and we are really upset and we a little bit hate him for this war. would i like to have elections in my country? of course. but after war ended and ended, not just stopped, but

ended with some documents that prove that we are protected. so we can't do elections without protection. >> president trump's words are getting a very different response in russia. cnn's fred pleitgen has more. >> breaking news on kremlin controlled tv. even the anchor can hardly believe her eyes. u.s. president donald trump calling ukraine's president volodymyr zelenskyy, quote, a dictator in a social media post. attention. this is incredible, the host says. trump is obviously angry, having had modest success as a comedian. zelenskyy writes the u.s. president couldn't have won in the ukraine conflict, and the u.s. was giving him money in vain. zelenskyy is doing his job poorly. donald trump now calls zelenskyy a dictator. this is what he wrote. many russians now hoping that trump induced thaw in u.s. russian relations could

bring fast sanctions relief at the souvenir shop in moscow, boss alexander is rearranging the matryoshka dolls, according to what many here hope could be the new world order. >> our president. >> and american president, and also. >> we have. >> the mohammed. salman al saud, also. so all friends of russia. >> on the street. >> much praise for president trump. sometimes maybe a bit too much. what do you think about donald trump? >> i think maybe. small stalin. >> you think small stalin? why? >> why? but character. >> donald trump. >> of course i like donald trump. this man says he's a positive president. he will change america and make it great again. moscow's leaders optimistic, saying they believe the trump administration understands their view of the

ukraine war. where russian troops continue to make modest gains. this russian defense ministry video purporting to show drone units hitting ukrainian positions in russia's kursk region. >> architecture. >> russian leader vladimir putin visiting a drone factory, also praising trump, saying a face to face meeting is in the works. >> no. >> we're not in a position where it's enough to meet each other, have tea or coffee and chat about the future, he says. we need to make our teams prepare issues that are crucial for both russia and the u.s., including the ukraine conflict. but not only it fred pleitgen cnn moscow. >> that is the view from russia. i want to bring in cnn salma abdelaziz who is live in london, covering the reaction. quite a different reaction in ukraine. >> absolutely. and i think especially today for general kellogg, who is on the ground in. >> ukraine.

>> he is the special envoy for russia, ukraine, for the trump administration. he set to meet with president zelenskyy today. but you can imagine that no one is envying his position. after all, these barbs were traded between president trump and president zelenskyy. and for president zelenskyy, who is, of course, trying to seek out what is best for the interests of ukraine, he increasingly must feel that president trump is simply not on his side. in fact, one of the things that president trump's envoys and his advisers have been working on with president zelenskyy is, as you mentioned, obtaining half of ukraine's mineral wealth at a time when it is most vulnerable, most weak and on its knees trying to fight russian aggression. and for general kellogg again, the special envoy who is working on this dual track negotiation, this is about seeing if it works. president trump keeps repeating that ukraine is not cut out of the process, that, yes, they were not in riyadh. they were not in saudi arabia when there was direct negotiations were held between russian officials and american officials earlier this week. but the ukraine, according

to trump, will be part of the process in the form of this dual track negotiation. so you have american advisers, american diplomats speaking to russia while you have general kellogg and his team speaking to ukraine. but there's a catch to that as well. general keith kellogg has a huge question mark over him. he wasn't invited to the talks in riyadh. so there's a serious question for president zelenskyy. is he even speaking to the right person? is president trump even on side, or is this personal rivalry just going to essentially take him away? >> that is the question. and it's also a question as to what role keith kellogg has in this administration, given that he himself was not at those talks in riyadh as well. salma abdelaziz, thanks so much. straight ahead on cnn this morning. we are one month into donald trump's second term in the white house, just one month, and we have brand new cnn polling showing just how americans feel about his attacking that key, tackling that key campaign issue of inflation. plus, the senate about to hold a confirmation

vote on president trump's controversial pick, one of many to take over the fbi and the white house bid to end birthright citizenship rejected by an appeals court now setting up a showdown at the supreme court. >> i don't think it's enshrined in the constitution at all. not the way i read it. but then again, i'm not a constitutional scholar. we'll let the courts decide that on the birthright citizenship. it's the news. welcome back. but it's also kind of not the news. >> we don't. >> fact check here. we don't. >> care. man. >> why is all the. >> information on this show so terrible? >> have i got news for you saturday at nine on cnn. >> time to press. >> rewind with neutrogena. >> rapid wrinkle repair. >> it has. >> derm proven retinol. expertly formulated to target skin cell turnover and fight not one, but five signs of aging with visible. >> results in. >> just one week. neutrogena. >> got one more antoine.

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47%. 52% disapprove of the job he's doing. that's, of course, underwater, but it is a higher approval rating than trump had during his first term, according to the poll. a large majority of americans do not think the president is doing enough to address the high cost of everyday goods. of course, central to the most recent election, 62% say he has not gone far enough to reduce prices. as for how americans feel about his use of executive powers, roughly half of respondents report they think trump has gone too far. using the power of the presidency. about the same percentage say trump has gone too far in cutting government programs. but just yesterday, the president addressed those cuts, saying the administration is considering a so-called doge dividend check for americans. >> there's even under consideration a new concept where we give 20% of the doge savings to american citizens, and 20% goes to paying down debt, because the numbers are

incredible. elon, so many billions of dollars, billions, hundreds of billions. >> joining me now is kevin fry, washington correspondent for spectrum news new york. one. kevin, good to have you this morning. thanks for coming in. so listen, he's underwater after an election. he just won. but that is a higher figure than we saw in the first term. >> right. i mean. >> at the end of the day, i mean, it speaks to we are a divided country. i know that's not a profound observation, but it's pretty much straight down the middle. and that's essentially kind of reflective of what we saw in the polling results. now, one of the things that i thought was interesting that you were just touching on was how much of a focus folks are having on the fact that that he doesn't seem to have done enough to try to bring down the price of goods. and that's an area where democrats in particular have been hitting him and see is kind of their avenue to try to win. and democrats have faced a lot of flak, particularly democratic leadership, over not responding to every single thing that trump has done every day. they have been honing a message on economics. we'll see if that translates into their, uh, getting any sort of traction there.

>> and listen, you speak to economists, and their concern is that this is not just a short term issue. right. given that. well, tariffs, for instance, adding to prices but also tax cuts, the expected tax cuts if they get a budget deal would also in the view of economists be inflationary. so so the trend lines not necessarily go in the opposite direction of what. >> folks are looking for. >> um, it was interesting because there was also a number in here that 35% of people said they were afraid about the rest of president trump's second term. i mean, there's a mix there because you have 26% optimistic, enthusiastic, afraid. it's quite a strong word. >> yeah. and perhaps this is somewhat of that resistance 2.0. that's kind of in its fledgling sense right now. we've not seen as much of a resistance as we did perhaps the first go around. and i think some of that has to do with people are a little bit more complacent. they're a little exhausted by this whole thing, but you're seeing it start to poke through, particularly as you see these doge initiatives come through and you see the potential for freezes on government services

and things that are provided to citizenry, which is something that really happened in the first two weeks of his term. and on top of that, we're seeing more and more of these executive orders that have raised alarm bells amongst parts of the american public. >> all right, so speaking of those alarm bells, one of which is the idea of how far he is stretching executive power, the white house, rather than running away from that, seems to be leaning into it. check out this tweet yesterday, leaning into the trump as king imagery here, specifically related to his effort to to end congestion congestion pricing in new york, which of course is a local decision. right. but you had the executive seemingly in a quite unusual way, overruling or attempting to overrule the decision of the local elected leaders. >> right. and just a little background, congestion pricing essentially imposes a toll. if you go into the lower end of manhattan, it's basically a very concentrated area, a lot of congestion over time. the goal is, in part to reduce the

congestion. but as the secretary of transportation argued, it seems, because they're trying to raise money for the mta, there are different motives at play here. the local subway system, for example, at the end of the day, what that seems to be is one speaking to kind of this notion of of him being the king of new york and this kind of tenuous relationship that he has had with the city for years now, to go from a person who loved the tabloid culture, cultivated that relationship with them, wanted to be accepted by manhattan elites because he was from one of the outer boroughs at the same time, juxtaposed with the fact that during his first term he imposed a tax restriction that off a lot of new yorkers. and also, of course, it was a jury of his peers in new york that voted to convict him. yeah. um, and so, again, this tenuous relationship and now he's basically stamping his foot into new york. and the governor, uh, democrat, who has had wobbly approval ratings, came out swinging yesterday, basically saying that trump is

making new yorkers into roadkill. >> yeah. well, goodness, that's quite that's quite a line there. um, and it'll be interesting to see if the salt tax deductions, uh, makes it into. >> where they land. and he needs the republicans in new york in order to remain in control of the house. >> i want to go back because i want to put up on the screen the the proper numbers on one of the questions asked in this polling here, if we could put it up on the screen now, uh, so 52% of americans polled believe he's gone too far in presidential power, 39% about right. so if you do the numbers there, 5247, it's almost similar to his approval disapproval ratings. and let's show another one of the figures. and that's his efforts to cut federal programs. 51% say he has gone too far about right. i mean, not gone far enough. again, that's like you add up those two bottom numbers there. 5149 i mean, it's like you said. >> it's the it's it's the political coalitions that exist

within the country. and because of both the electoral college and the math and how engaged certain coalitions within the different the democratic versus the republican coalition were during the election, i mean, it kind of just speaks to the ultimate result of all that. >> and listen, he won the election. uh, kevin fry, thanks so much for coming in this morning. >> good to be here. >> coming up on cnn this morning, a heart wrenching return home. hamas releases the remains of four slain israeli hostages, said to include two very young children. plus, a midair collision leaves two people dead in arizona. how did this one happen? >> cookbooks. >> corporate fat cats swindling socialites. >> doped up cyclists. >> and yes, more. >> crooked politicians. >> i have a feeling we won't be running out of those anytime soon. >> a new season of united states of scandal with jake tapper. march 9th on cnn. the itch and.

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>> super. >> the christopher reeve story. >> saturday at ten on cnn. >> an update now on the health of pope francis. the vatican says he is showing slight improvement after being diagnosed with pneumonia in both his lungs. the 88 year old pontiff has been hospitalized since last week following a string of lung related medical struggles. prayers pouring in from across the globe. in his home country of argentina, the archdiocese of buenos aires is urging all churches to hold masses and prayers for the pope's swift recovery. cnn's barbie nadeau is in rome, where pope francis remains hospitalized. so some good news here. in the last 24 hours. do folks there believe he is out of the woods now, health wise? >> you know, i mean. >> i. >> think no one is going to is willing to say that yet. he's 88. >> years old. he's got mobility problems and he's got pneumonia in both lungs, one of which is

compromised. he had half of one of his lungs removed when he was a young man. but there is optimism. you know, this incremental good news we understand this morning he was able to get out of the hospital bed, sit in a chair and have breakfast there. yesterday we understood he only got out of the bed and sat in the chair. so these are improvements. we also understand from the vatican press office that he's meeting with his close collaborators. he's making decisions on behalf of the church. he's reading correspondence. he's answering. he's in charge, basically, is what they're trying to say. yesterday, he had his first outside visitor. that was the prime minister of italy. giorgia meloni, who spent 20 minutes there. her after her reflection was basically that he was reactive and that he still had his sense of humor. so these are all good signs. but a lot of the information, of course, we get from the vatican press office is highly curated. they're very they keep, you know, their cards close to their chest, let's say, on these things. so we don't really know necessarily how long he's going to be here. next week, of course, is the beginning of lent with ash wednesday. that's a hugely important time for for any pope,

especially this one during a holy jubilee year which started at the end of last year. so all of everybody's hoping he gets back on his feet, hoping that he makes a recovery. but it is with any 88 year old elderly person with compromised health. it is just really, you know, wait and hope. and as most of the world is doing right now, praying for the pontiff. jim. >> yeah, it's a good point, barbara. thank you so much for keeping us up to date. it is 26 minutes past the hour, and here's your morning roundup. two people dead after two small planes collided in mid-air at an arizona airport on wednesday. this is just northwest of tucson. officials say two people were on each plane. the operator of one of the planes, a commercial flight training school, says its two pilots were not injured. the airport is closed while the investigation there is ongoing. the department of health and human services is narrowing its definitions of words related to sex. it now defines the words male and

female only by biological characteristics, and the word sex is classified only as male or female, excluding people who are intersex. hhs secretary. rfk jr. said the move restores biological truths to the u.s. government. today, the senate will vote to break a filibuster on kash patel nomination to become fbi director. patel cleared the senate judiciary committee by a vote of 12 to 10, and is set for confirmation by the republican controlled senate. that vote, which initially seemed to be a long shot, is expected to go through this afternoon. coming up on cnn this morning, a heartbreaking return for israeli hostages who include two children and their mother coming home sadly in caskets. plus, ukraine's future uncertain as a very public rift erupts between president trump and zelenskyy.

>> it's disgusting. >> to see an american president turn against one of our friends and openly side with a thug. >> zelenskyy ought. >> to have elections and stop lecturing the american president who's trying to bring peace to his country. >> our thoughts and prayers are with those whose lives were tragically taken. the dots all start to connect together. >> somebody did this purposely to these people. >> lockerbie. the bombing of pan. >> am. >> flight 103 sunday at nine on cnn. >> we can't calculate. >> our total taxes. >> do you. >> realize how. >> many different. >> taxes we pay? sales tax. >> different pos. >> systems in all seven countries. >> and online sales? >> that's a whole other system and different regulations. there's real estate credits, solar incentives. >> and we have. >> no. >> way to. integrate all that. >> no, but bdo does. >> people who. >> know know. >> bdo.

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norfolk, virginia, blanketed in snow this morning. good morning everyone. i'm jim sciutto in for kasie hunt. great to have you with us. just a painful day for israel as the bodies of four slain hostages made their final journey home. militants displayed four black caskets before transferring them over to the red cross just a short time ago. the remains, said to include the youngest of the 250 hostages kidnaped by hamas on october 7th. ariel bibas, just four years old at the time, his younger brother kfir, nine months old. the handoff, said to include the bodies of their mother, shiri, as well as 83 year old oded lifshitz. prime minister benjamin netanyahu called this a day of sorrow. >> we are bringing home four of our beloved hostages fallen. we embrace the families, and the heart of an entire nation is torn. my heart is torn. yours too, and the heart of the entire

world needs to be torn. because here we see who we are dealing with, what we are dealing with, what monsters we are dealing with. we are sad. we are hurting, but we are also determined to ensure that something like this will never happen again. >> here now is cnn's paula hancocks. and paula, amidst the understandable heartbreak there, those two young babies really. right. became such a face of october 7th being the youngest hostages taken. that said, these exchanges are continuing and you will have more live hostages released on the weekend by hamas. uh, a deal that a lot of folks thought wouldn't survive is surviving, at least for now. the cease fire and hostage release deal. >> will continue this. >> it is, jim, and it seems to be. >> accelerating in some respects. >> when you. >> see the amount of hostages that are.

>> being released at this point. >> now, obviously. >> today is. >> a day of sorrow in israel. as the the bibas family. >> is said to be. >> in those. >> caskets. >> as you. >> mentioned. >> they really have become synonymous. >> with the october 7th attacks from hamas on israel. their images projected around the world. >> with the campaign and the. protests to to push. for the release of. >> the hostages. >> but what. we have. >> seen over. >> this week is. >> that there were. >> negotiations ongoing in cairo. >> we know. >> that the israelis sent a delegation. >> we understand that the mediators. >> the u.s. >> qatar, egypt all worked very hard to. >> try and keep this. >> deal together. >> and the result. >> of that appears. >> to be this acceleration. so hamas has released the the remains of four deceased hostages today. >> earlier this. >> morning on saturday, there will be six live. hostages released. that's double. >> the amount. >> that had been agreed.

>> upon. >> originally. in return for palestinian prisoners. >> and then. >> next week there will be. >> another four. remains of. >> of deceased hostages released. that brings. >> us to the end of. phase one. >> that is, the 33. >> hostages that had been agreed. upon within. >> this six week ceasefire. >> now. after that is supposed. to be. >> phase two from. >> the. >> beginning of march. and that is. >> where the concerns. >> lie, because the negotiations that are ongoing at this point are still dealing with phase one. there isn't this push. >> for phase. >> two, which. >> there should have been by this point. and there are. >> also concerns that as hamas appears to be accelerating the release of these hostages, that there are concerns in israel, that there is not the political. >> will to go on to. >> phase two. concerns, of. >> course. >> when you see images like you did today, that hamas appears very much in control of at least that small area of gaza and that

particular hostage handover. one of the stated goals of the prime minister was to destroy hamas, and the images were seen from gaza, show that that is is not the case. there is also a lot of pressure in his coalition on the far right of a return to military action, and not to move to phase two. so there are great. concerns as to to what will come in the coming weeks. >> yeah. and i think that we can safely say that that show of force at these releases in gaza by hamas is quite deliberate, a message to israel that, well, there are at least not gone. paula hancocks, thanks so much. back now to the rapidly widening rift between president trump and the ukrainian president, volodymyr zelenskyy. this over trump's apparent move to strike a deal with russia, ukraine not involved to end russia's ongoing invasion of ukraine on tuesday.

the two leaders went after one another quite publicly. zelenskyy accusing trump of living in a disinformation space for his repetition of russian talking points about its ongoing invasion. trump fired back, falsely calling zelenskyy a dictator. both on social media and in his speech, we should note he's the elected president of ukraine. vice president jd vance issued a warning to ukraine's leader, telling the daily mail the idea that zelenskyy is going to change the president's mind by badmouthing him in public media. everyone who knows the president will tell you that is an atrocious way to deal with this administration. trump says his motivation is to avoid world war iii. >> the death that's taking place between russia and ukraine has been going on, and we're going to end it. there's no profit for anyone. and having world war three, and you're not so far away from it. i'll tell you right now, you're not so far away. if we would have had this administration for another year, you would have been in world war

iii. and now it's not going to happen. >> trump once again won't say russia invaded ukraine. joining me now, cnn military analyst, retired air force colonel cedric leighton. good to have you, cedric. david frum, former special assistant. we should note to george w. bush, now a writer at the atlantic, he made a point about trump's comments about zelenskyy because you've had these comparisons recently to 1939, neville chamberlain, peace in our time. et cetera. from writing neville chamberlain to do him justice never amplified under his own byline, hitler's propaganda against the czechs. a little history lesson here. when, at the time the idea was, well, give hitler a little piece of czechoslovakia and we'll avoid war. of course we know how that worked out. that is a notable point here, because trump is not just saying, i want to end the war in ukraine. he is. he is repeating russia's framing of this war. and can you

just explain how big a deal that is, just in the simplest terms, to have a u.s. president endorse the kremlin's view of an invasion that it started? >> yeah. >> good morning jim. >> it's a really unprecedented situation. >> because when a president of the. >> united states is. >> taking russia's framing, putin's framing specifically to describe what has happened, it would be one thing if the russian position was based on reality, but it is absolutely not based on anything that is that is true. and that is is really the the space that we're living in. so what zelenskyy did when he talked about president trump inhabiting a disinformation space, he was basically telling the truth when it came to this issue. and that, you know, of course, sometimes the truth hurts, i guess. and and that is the the situation that we're finding ourselves in. it you know, i think one of the things that this administration in the u.s. is going to find is that the more you deal in, in a

disinformation space to borrow zelenskyy's phrasing, the worse your decisions are going to be. so this is going to be a real challenge to move people into a reality space where they actually deal in, in actual facts, where russia was the one who invaded ukraine and russia has been the aggressor against ukraine. >> it doesn't appear that the president has any willingness to do that. it strikes me that something broader is going on here, because trump is not just signaling an end of u.s. support for ukraine. at the munich security conference. his advisors, right up to the vice president, signaled a u.s. retreat from europe. and as he talks with russia about a broader deal and floats an idea of some sort of broader deal with china, he's also, it seems, signaling a retreat from the international order that the u.s. has defended for 80 years under democratic and republican presidents. you know, u.s.

alliances standing up for sovereign borders. et cetera. to to frame this in a way where it's like, i could make a deal with russia and china and, you know, each deals with its own little corner of the world, and everybody will get along. i mean, these these are dramatic changes that trump seems to be signaling here. >> yeah, absolutely. jim. and one of the the key aspects of this is that the international world order, with all of its flaws, that was created after world war two, the so-called pax americana or american peace i yes, there were perturbations in that. we had korea, we had vietnam, we had other situations that occurred obviously, nine over 11. but all of these things. basically made it possible for the european continent to raise itself up from the destruction of world war ii and create what amounts to a peaceful society. it set the not only the basis for nato, but also the basis for the

european union. and with the exception of what happened in the former yugoslavia, uh, up until ukraine, uh, it basically provided for a very peaceful existence within europe. uh, the exceptions being domestic terrorism in the 70s in many european countries. but by and large, europe was a very peaceful location. and that has changed. uh, you know, the president of the united states is a very transactional person, as we all know. and it seems that he is trying to create a new international order where there are co-equal partners. russia and china being the partners that i guess he sees with the united states. the problem with that is that russia is actually, uh, sees itself at war with the united states and the west, and that war doesn't necessarily have to be won like we see in ukraine. it can have hybrid elements. it can have cyber attacks. it can have assassinations, all of those kinds of things. and ever since

putin's speech in 2007 at the munich security conference of that year, it's been pretty clear that the russians see the west as basically, uh, a rival element, a rival power that is preventing russia from achieving its greatness. and that is why it's going to be really difficult to achieve a lasting peace with those kinds of attitudes in moscow. and for the u.s. president to be supporting those attitudes instead of avoiding world war iii. unfortunately, we might be heading toward, uh, some kind of conflict that could spiral out of control into a world war. >> listen, both russia and china made it quite clear through their actions and even their statements that weakening the u.s., weakening europe, weakening alliances are in their strategic interests. uh, and, you know, the idea that they're going to abandon that seems far fetched. colonel cedric leighton, thanks so much. ahead on cnn this morning. today marks one month, one month for

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and take note, because there's method behind that. just the first few weeks of trump's return to the white house. we've seen swift and hard line immigration action from ordering additional troops to the southern border, to arresting and deporting thousands of undocumented immigrants. our next guest is elizabeth goitein, a senior director at the brennan center for justice. she recently published an article for just security warning against president trump's immigrant rhetoric, specifically the use of that word invasion. she writes, quote, the president has not only misrepresented the facts, he has misrepresented the constitution itself. he has claimed unprecedented authority to ignore and override congress whenever he proclaims an invasion, real or metaphorical. congress should muster the courage required by these extraordinary times to condemn trump's radical attempts to usurp and abuse power. elizabeth joins me now. elizabeth, thanks so much for joining this morning. >> hi, jim. good to be with you.

>> so, so tell us, explain legally why calling this an invasion, why he's doing that and what power does that in effect open up. >> or what power. >> he thinks it opens up? >> i think that's the that's. >> the key word here. this language. >> of invasion. >> permeates his executive orders. >> on immigration. >> and of course, he's always referred to unlawful migration as an invasion. but now with these executive orders, he is taking the sort of rhetorical device that he used to try to drum up fear of immigrants crossing the border. and he is trying to imbue it with legal significance. there are, in fact, laws and provisions of the constitution that are triggered in an invasion, but those laws and provisions of the constitution do not justify the actions that trump has taken. so, for example, trump is relying on this claim of invasion to tee up a possible invocation of the alien enemies act. that's this antiquated wartime authority that allows

summary deportation and detention of people who were born in the enemy nation. he has also used it to direct northcom. that's the combatant command for the north american continent, to drop plans for a military campaign. and he has used it to try to suspend the provisions of law that congress has passed that allow migrants to seek asylum and other protections from deportation. so that is the way that he is trying to use it legally. um, but it's not going to fly because for a couple of different reasons. first, it's very clear in these laws and these constitutional provisions from the history of their enactment, from the way courts have interpreted them, that they are meant to address armed attacks from hostile foreign powers or other political entities. they are not meant to address civilians crossing the border without documentation. >> you know, it's interesting there's a parallel here because

he's used national security justifications or attempted to to enforce other elements of his policy. i'm thinking back to his first term when he used national security to justify tariffs, for instance, on canada. how have, of course, this like so many things that trump is doing in his second term, will be challenged in court. how have the courts seen this move so far? >> well, so there have been many lawsuits that have been challenged, but we are at the very, very beginning stages. there have been temporary restraining orders in some cases. for example, a challenge to, uh, people being transferred from a migrant detention facility in the united states to guantanamo. uh, so, but but but for now, these these things are still playing out. i think the second legal problem that trump is going to face is that even if we were in an invasion, that would not allow him to just pick and choose which laws that he is going to follow, that congress

has passed. uh, and we know this because during the korean war, when president truman tried to seize steel, steel mills in order to ensure production, the supreme court said, you can't do that, that as long as congress was within within its rights to pass the law, the president has to follow it even during wartime. and we know that congress can pass immigration laws. >> we've seen that. we've also seen this president ignore a lot of things congress has done right or attempt to do. we know how this supreme court views this, because it has often had quite an expansive, conservative supreme court expansive view of executive power. >> that is true. i do think, on this question of what constitutes an invasion or doesn't constitute an invasion. that's the kind of question that the supreme court likes to stay away from, likes to say that it is a political question, not one that the courts will resolve. but in a lot of cases, there is this language suggesting a backstop that it is possible for the president to go so far to exceed what the court has called a permitted range of

honest discretion or honest judgment. i forget the language. um, and in those cases, i think the court the court might intervene. and on this other question of what an invasion would allow the president to do, whether it allows the president to simply ignore immigration laws and the right for migrants to seek asylum. i'm hopeful that the courts will say that there is no basis in the law for that. >> a lot to watch from the courts this term, god knows. elizabeth goitein, thanks so much for joining us this morning. >> thanks, jim. take care. >> and ahead, on cnn this morning as president trump hits the brakes on new york's congestion, congestion pricing, he is coronating himself as king. the white house even posting a mock magazine cover of the president. as you can see there, wearing a crown. plus trump teasing that tax payers could get a kick from his doge cuts. >> sonia. irlene and marsha are

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