breaking news. president donald trump does a complete about face with china that's being felt around the globe. as the president is right now planning his next move in court after all three appeals court justices refused to reinstate his immigration order. even a winter nor'easter couldn't keep some brave souls from a frigid polar plunge. and it's a battle of trump versus trump as alec baldwin and jimmy fallon go head to head. >> it's not a juicy burrito from china, is it? >> no, no. i myself would not ever eat a burrito from china. and the honduran that delivered this burrito to the studio, we had him deported. >> "early today" starts right now. happy friday to you.

i'm frances rivera. major development when it comes to the president and foreign policy. breaking overnight, president trump has agreed to honor the u.s.'s one-china policy. the white house says the president made this commitment while speaking with chinese president xi jinping last night. president trump previously said that he did not feel bound by the policy, which requires the u.s. to maintain only unofficial ties with taiwan. this major development comes just a day after chinese aircraft and a u.s. navy patrol plane had a dangerous encounter in the south china sea. nbc's janis mackey frayer is live in beijing. what is the latest? >> reporter: the call certainly does ease some of the tension. from china's perspective, it had to happen. there are a few things that are more sensitive to beijing thand taiwan. it was xi's request trump agreed to honor the policy that

recognized taiwan as part of china. nothing else could happen until that was acknowledged by him. this is a complete 180 for trump, who weeks ago, suggested this policy with was open for negotiation. there was the sense that trump recognized or was being told to recognize that the risks of not doing so were far too high. they would stand in the way of real issues like trade, the south china sea and north korea. what's also important is the timing of the call. it had to happen before the visit with shinzo abe. it's going to be a vavish event. for the chinese to feel comfortable with trump hosting their rival in the region, there was a sense the call had to happen as a means of damage control in order to manage that fallout. on that close encounter over the south china sea, the u.s. navy is saying that one of its

inadd ver tant. back to you. >> good to hear. thank you. barely 48 hours after a federal appeals court heard oral arguments over president trump's temporary immigration travel ban, a unanimous decision. the justices voting 3-0, refusing to reinstate mr. trump's restriction on travelers from seven predominantly muslim nations, rejecting the administration's claim of broad authority over the nation's borders. the president's response, see you in court. and here's what he said at the white house shortly after learning of the decision. >> we'll see them in court. it's a political decision, and we're going to see them in court and i look forward to doing it. >> do you believe the judges made -- >> we have a situation where the security of our country is at stake, and it's a very, very serious situation. so we look forward, as i just said, to seeing them in court. >> nbc's edward lawrence joins us from washington for more.

edward, it looks as though this legal fight is just the beginning, right? >> reporter: just the beginning and just the beginning on twitter. what's interesting about this case is that it was a unanimous decision. one of the judges is republican. now, the three-judge panel did not look at the merits of the case, instead, they said that the government provided insufficient evidence to overturn the travel ban stay issued by a lower court. that means that the predominantly seven muslim countries involved in this, people can still come into the united states legally from them. washington state attorney bob ferguson brought this case. he said he recognizes the president's authority to do an executive order, but he must follow the constitution. ferguson adding that he's seen the president in court twice now, and he's two for two. ferguson recommending the president rip up the executive order and start over. president donald trump has a choice to go to the supreme

court if he wants to appeal this. he can ask all the judges in the ninth circuit for a ruling. >> the irony of that. thank you. breaking overnight, a ninth trump cabinet pick has been confirmed. tom price will be the next health and human services secretary. price's confirmation was thought to be in jeopardy after medical stock trades triggered conflict of interest calls from dems. however, price was successfully voted in by his republican colleagues. a formal swearing in is expected later today. now to a fire storm engulfing top trump adviser, kellyanne conway after she went on national television promoting ivanka trump's fashion product, encouraging viewers to buy them, which could be a violation of federal law. well, it set off an ethical dust-up that brought down the office of government ethics website, and it now has the top democrat and republican members of a congressional oversight committee calling for an investigation. nbc's peter alexander has the report.

>> reporter: from one of the president's top advisers, a high-profile plug for ivanka trump's fashion line. >> go buy ivanka's stuff is what i was telling you. free commercial. go buy it today. you can find it online. >> reporter: those comments on fox news made from the white house not just a pitch but a potential violation of federal ethics law that bars government employees from using their public office for private gain, including the endorsement of any product. it comes less than 24 hours after president trump attacked nordstrom for announcing it would no longer carry his daughter's products. the company saying it wasn't political but based on poor sales performance. both episodes raising red flags for ethics experts. the independent office of government ethics flooded with calls and e-mail, its website crashing. the white house says senior staffers received an ethics briefing after being sworn in, but few details about possible consequences for conway. >> kellyanne has been counseled. that's all we're going to go with.

she's been counseled on that subject, and that's it. >> reporter: a source familiar with the discussion tells nbc news the white house legal team spoke to conway about where the line is, adding she knew immediately she may have crossed it. still, criticism from congress. the house oversight committee, headed by republican jason chaffetz, firing off a scathing bipartisan letter to the white house, demanding answers. >> look, it was out of bounds. there's no if, ands, or buts about it. of course we're going to call it out. it needs to be dealt with. >> this morning, we are learning the president was not happy the press secretary spoke of conway as being, quote, counciled. the press secretary's words made it sound like conway was a child or reprimanded or needed counseling. sometimes it is just not your day. this ucla cheerleader takes a hard fall off that human

pyramid. there she goes down on the ground at the men's basketball game thursday night. an assistant immediately picks her up and carries her away. watch what happens here. when they are about to leave, they fall again. down she goes. the cheerleader was able to walk away from the second spill on her own. she was able to return to the game. now, that is picking yourself up when you fall. >> people don't give che cheerleaders enough credit. the northeast digging out after a storm dumped more than a foot of snow in areas. they dug out ten inches of the stuff. the storm blamed for at least one death in manhattan. a doorman died when he slipped and fell through a glass window shoveling snow. the storm hit blizzard status and buried boston in 14 inches of snow. blinding winds caused nearly

whiteout conditions. it didn't stop them from taking a dip in the ocean. they went in anyway. >> they did. >> brave is the right word for it. if you are traveling, double check your flight information. airlines canceled 4300 flights since wednesday, very incon venn yens. >> could there be another blizzard coming our way? here is bill karins. what are we talking about here, bill in. >> it is possible. it's for the boston area and eastern new england. that would be sunday night and monday. i want to talk about the other story developing on the west coast. these pictures came from sacramento. the spillway is equivalent of a lot of damage from all the water release. now, can't release the water as fast as they would like because of the mud and water. it's seven feet from the top right now. this is a story we have to watch today. rushing to evacuate.

1 million salmon, baby salmon in a hatchery downstream. they could die because of the mud and debris. still rain in california today. the bulk of the heavy stuff is shifting to the south. again, we have to watch the developing story. that's a look at the weather story today. here is a closer look at the da past. did you hear in? another set of celebrity twins are on the way. this time for george and amal clooney. they will be good looking twins. they are expecting two bundles of joy. the twins seem to be trending. madonna announced she's adopting twin girls and beyonce. it broke the internet with the

picture saying she is pregnant with twins. >> how cool is that? >> none of us are, are we? >> if we were, i would want to be part of that moms group. still ahead, another country looking to build a wall. plus, the show must go on after a devastating high wire accident. ♪ at air wick we know the power of that first whiff of your favorite scent. ♪ air wick freshmatic releases timed bursts of the fragrances you love. so that first whiff feeling never fades. air wick freshmatic. ♪

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i bet that's somebody's pet. hopefully, it finds its way home. >> speaking of trends, pigs are all the rage. leading the news, nick wallenda promises the show will go on after five tight rope walkers fell during a rehearsal. them of them remain hospitalized. at least one of the injured was back up on the high wire. nick gave some optimistic insight on the condition of those still recovering. >> the doctors have all said they were all miracles and the fact that when they were called, at the hospital, they had four of the best surgeons in the town, called them all in. they expected it to be much worse. i'm not saying things are great, but they will be great. >> we wish them well and that optimism is warranty. >> good to hear that reassurance from nick wallenda there. one of the world's most famous landmarks is about to get more secure after the mayor of paris said a reinforced glass wall will be built around the eiffel tower.

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fast forwarding today, japanese prime minister shinzo abe will pay his first visit to the white house. he will then head to mr. trump's mar-a-lago resort alongside the president where the two are expected to take in some golf. after months of rumors, it is official. music from the late and great prince is set to return to streaming services on sunday. that's the day of the 59th grammy awards. and at the box office this weekend, nbc universal's "50 shades darker" hits theaters in times for valentine's day. the return of "the dark knight" in lego form with the batman movie building off the build a brick blockbuster. keanu reeves reprises his role in "john wick 2." a big league promise from president trump has stocks soaring to new record highs, but that's not all that's getting attention of consumers. landon dowdy is watching your

money on this friday. >> happy friday to you. wall street will try to add to thursday's rally that sent the dow and s&p 500 at record highs. president trump says he will make a big tax announcement in the next few weeks. the president promised to cut tax rates for u.s. companies. that bottle of extra virgin olive oil is going to cost you. prices are soaring due to a heat wave and floods in spain that ruined the harvest. the u.s. imports 300,000 tons of oil a year. mcdonald's is testing a snow crab sandwich in the san francisco area. it's on a sourdough bun. it could be available in 250 mcdonald's stores later this year. back to you. >> i like the fact if it had cereal, we could have it for

breakfast. >> it sounds sketchy. >> see you later. thank you, have a great weekend. trump versus trump as jimmy fallon takes on alec baldwin. oprah made a cool 150 million bucks from one picture. that's next. tomorrow's the day we'll play something besides video games. every day is a gift. especially for people with heart failure. but today there's entresto... a breakthrough medicine that can help make more tomorrows possible. tomorrow, i want to see teddy bait his first hook. in the largest heart failure study ever, entresto was proven to help more people stay alive and out of the hospital than a leading heart failure medicine. women who are pregnant must not take entresto. it can cause harm or death to an unborn baby. don't take entresto with an ace inhibitor or aliskiren. if you've had angioedema while taking an ace or arb medicine, don't take entresto. the most serious side effects are angioedema, low blood pressure,

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>> where is this burrito from? >> it's a big fat juicy banana burrito from honduras. >> it's not a juicy burrito from china, is it? >> no, no. i, myself, would not ever eat a burrito from china. and the honduran that delivered this burrito to the studio, we had him deported. >> it's hard to up stage jimmy fallon, but baldwin does it. he's back in stud owe this weekend. baldwin promises it will be huge. >> this was my home. this was my heartbeat. it feels like so many lifetimes ago. i thought i had said good-bye, but the pull of fate is undeniable. so i must return.

i must find the strength to -- >> alec, you were just here like yesterday. it's not that big of a deal. >> oh, it's a big deal. >> it's funny. i think it's hilarious his brother is offering to play eric trump. maybe we can see that happening. when it comes to all that glitters really is gold when it comes to oprah winfrey. the billionaire sold this is painting for a cool $150 million. oprah bought the painting back in 2006 for about $88 million. you can see the $150 million you can see the artwork for yourself on display a few blocks away from us here in new york city. always good to be oprah. you are watching "early today." where's frank? it's league night! 'saved money on motorcycle insurance with geico!

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this month, nbc blk is honoring some of the most inspiring african-american invo va tors, all 28 and younger. this morning we recognize darius jones, a chicago native and ex-convict who turned his life around and now manages garfield produce. that's an indoor vertical farm and also licensed wholesale food establishment in chicago. for more information, just go to nbcblk28.com and use #nbcblk28. we want to turn to meteorologist bill karins for the forecast. a one two, three punch for new england? >> we are going to get a break in the west. then a big storm monday. today, we are tracking that rain through areas of california.

there will be isolated showers in the pacific northwest, not a lot of heavy rain. saturday looks like a nice day. temperatures normal to cooler side. 66 in l.a. by the time we get to sunday, we get rewarded with nice weather in the west. a drier pattern is on the way. it's about time. >> thanks, bill. cheating husbands beware. a french businessman claiming uber caused his wife to leave him. the man says he used his wife's phone to log into uber. after logging out, she kept receiving notifications of his rides. they eventually led her to suspect he was cheating and she filed for dwos, which is man claims cost him millions. i'm going on a limb, maybe the divorce was his fault. two rescuers raced to save stranded whales in one of the countries largest record mass

strandings. look at all the whales. up to 300 pilot whales died. they are trying to send 50 back out to sea. in the meantime, they try to keep them as comfortable and hydrated as possible before sending them off. a curse ranting robbery suspect breaks a courtroom officer's nose. just watch as he's escorted in court. appearing to f-bomb everyone in sight and head butting a deputy. dangerous job. he was subdued and escorted out of the courtroom. the deputy suffered a broken nose. he's charged with two counts of assault and remains in custody on bond. aretha franklin is recording one more album before retiring this year. the 74-year-old wants to spend more time with her grand kids, but she is expected to have an appearance and performance here and there.

thank you for being with taking a closer look at "damdan.

taking a closer look at dam dangers after recent storms. member of the south bay community are worried water levels are so high they pose a risk to seismic facing. a dump trump backs up and instantly killing a worker. a travel ban decision that is unanimous. the stay on the president's order remains in place. mr. trump appointed tweets to the court. today in the bay starts right now. we made it to friday morning. it is another soggy one. thanks so much for joining us. i'm laura garcia-cannon.