the rest is up to you. call now, request your free decision guide and start gathering the information you need to help you keep rolling with confidence. go long™. ♪ that's going to do it for me this hour. i will see you right back here tomorrow afternoon. 3:00 eastern. noon pacific, you can always find me on snapchat, twitter, and instagram. it's tv kate snow. up next, filling in my colleague jacob soboroff in for steve kornacki, welcome. >> thank you so much. good afternoon, everyone, i am jacob soboroff in had for steve kornacki live in new york. today is day 12 believe it or not of the first 100 days. and topping the agenda right now. president trump picks a justice.

>> people are going to overcome that. >> president trump ratcheting up the drama promoting a prime time announcement, but democrats are threatening to block that pick if he or she is not quote mainstream. the announcement just hours away. who will the pick be? our latest reporting is just ahead. also on the agenda, executive order clean-up. >> the white house still answering questions after a messy role out of the executive order on refugees and immigration. left the white house and airports across the country spinning. and rounding out our agenda, senate democrats stage a walkout. >> this is one of the most disappointing days in my 40 years in the united states senate. >> democrats today refusing to participate in committee hearings for two of donald trump's cabinet picks, stopping the nominees cold in their

tracks. trying to get his cabinet through congress, much more on that straight ahead. we begin right now with our top story. we are just four hours away from president donald trump announcing his selection for the next associate justice for the supreme court, trump just in the last hour at the white house in a cyber security meeting teasing out the pick. >> we'll see you in a little while. we'll be announcing a supreme court justice who i think everybody's going to be very, very impressed with. so we'll see you at about 8:00. >> right now, our team of reporters fanned out across washington for what has turned out to be a very busy day. first i want to turn to pete williams on trump's pick for the supreme court. hey pete, we have been hearing that this is narrowed down to a list of two. what do we know? >> well that's certainly been true. that's been true for two or three days now. but the interest thing is, it's still a list of two. we don't know anybody who for sure knows who it's going to be. we give various names and then we get also, but the president

reserves to change his mind right up until the last minute. so, by now, on a normal supreme court announcement, we would probably know somebody would have leaked it, but not very many people know. that's why it hasn't leaked and the president seems to be delighted with the drama and the spence that's being built here. we believe that both the nominees are in washington or will soon be for this announcement that both were invited. but only one will be chosen and will find out tonight at 8:00. and maybe before, but i wouldn't put -- i wouldn't put money on that we'll figure it out before it happens. >> how unusual is this. tell us about each of these two finalists. feels like we're talking about a reality show and the type of drama that we are seeing surrounding the pick and the type of announcement we're going to see tonight. is this how things are normally done? >> well, there's normally an announcement from the white house, it's usually anticlimactic in the sense that we know who it is before the president talks. whether we know before 8:00 or not, i don't know. thomas hardiman is 51, federal

appeals court from judge pennsylvania. he serves on the third circuit court of appeals, and so does the president's sister, mary-ann trump barry who is a judge who spoke up for his nomination. and the other under consideration is neil gorsuch, he's 49, federal appeals court from the tenth circuit court of appeals in denver. he would bring a westerner's perspective to the supreme court. he also clerked for two supreme court justices, byron white, a fellow coloradan and anthony kennedy. both of them have been on the federal appeals court for just shy of a decade. >> pete williams in washington, thank you very much as we just showed you, president trump meeting at the white house in the last hour for a briefing on cyber security. while the president is continuing on with this agenda, the white house was playing defense today over highs executive order on friday. focussing on refugees and immigration. press secretary sean spicer starting today's briefing criticizing the media for language it used when reporting

the president's action, the problem, it was the language the president had himself used. i will show you a little bit about what i mean. take a look at this. you say it's not a ban. if the ban were announced with a one week notice, he says it's a ban. >> he's usinged words that the media's using. it can't be a ban if you're letting a million people in. 325,000 people can't came in, that is not a ban. >> i understand your point -- >> it is extreme vetting. >> the president himself called it a ban. >> i understand. >> i'm not confused. what did you read on this? >> listen, i think there is a sense of acknowledgment perhaps

within some of the administration that reporters -- it might have behooved them prior to the release of the executive order rather than essentially a day and a half after it came out sunday night when there was a background briefing here in the west wing or the white house for members to try to explain some of these question marks that come up over the past couple of day us. that said, what you saw from sean spicer is a real sense of frustration at what they believe is misreporting from -- about this whole situation involving what john kelly knew, the head of the department of homeland security and when he knew about about this controversial order. i want to play you first what secretary kelly said himself at a press conference earlier today. then i have one more ad on the other side, listen. >> we knew it was coming from like two years ago when mr. trump first started to run for president. certainly didn't learn about it on an airplane. i mean, again, knew it was coming, knew it was signed friday morning. from day one in terms of the

inauguration finishing touches, i have ho put it that way were being put on the executive order. as you can imagine, copy goes back and forth in their tweaked right up to the last minute or are adjusted right up to the last minute. i think probably thursday we found out it was going to be signed the next day. >> so here is what i am being told, jacob, about this from a senior administration official here at the white house. and that is that secretary kelly after his confirmation hearing was briefed about this executive order and again before the inauguration was also briefed. received copies as he mentioned of this draft, eo, the draft action, that we are told more than 90% similar essentially to what was ultimately in the final draft. 99% to be very specific. again, the administration pushing back in not just that regard, but as you saw with our colleague kristin welker, mixing it up as we have seen really for the last 11 days, pal. >> i have to ask you, secretary kelly said he knew it was coming, but it doesn't mean that

the situation at airports across the country over the weekend wasn't the mess that i saw that it was when i talked to 75-year-old grandmother with a green card detained at l.a.x., are they acknowledging that it was the mess it was so easy to see that it was if you were out at the airports. >> right, look at house speaker paul ryan said jacob, it was a regrettably confusing rollout. and that is coming from the third highest ranking republican of the country essentially. yes, there is an acknowledgment that that did not get handled smoothly. as you witness, i think you're out at l.a.x., i was looking at your twitter feed, the pushback from the administration hey, it was a -- in their view, it was a small number of people, dozens of people who were inconvenienced for essentially the greater good of putting the national security procedure in place. there has been obviously pushback to that pushback from those caught up in the weekends events. >> hallie jackson at the white house. thank you very much. and turning now to capitol hill, president donald trump's pick for transportation secretary, elaine choa passing with

bipartisan support. that confirmation might have been honestly the only good news for donald trump from the hill today. senate democrats officially protesting committee votes on health and human services nominee tom price, also treasury secretary steven ma knew chin as questions have come out in recent days. democratic senator sherrod brown addressed the media earlier this afternoon. take a look. and give us the information that we all need for our states. >> right now kelly o'donnell is on capitol hill. kelly, a lot, a lot happening there today. lots of frustration it seems particularly for the republicans. what's the late kpes. >> you'd need a flow track to keep track of it all today

there's been so much nude news. for democrats, there's a um can have things. both as a tactic politically, they've been able to slow some things down. and that is based on real issues that they believe need to be resolved when you look at the nominations of steven mnuchin for treasury and tom price for health and human services. those democrats that we saw led there by sherrod brown and of course the top democrat on the finance committee ron wyden. they believe that there has been a misinformation, they even used the word lie, they said that there are conflicts that have to be resolved and they want more answers. and they deployed that today. so it in fact slowed down the skbref sessions nomination which was expected today.

it's also for democrats especially with certain nominees, there's an underpinning there of issues they think need re airing or more answering, and that's what they're going to try to get. you mention elaine, she sailed through. she is married to mitch mcconnell, the top republican in the senate. so there was a certain friendly environment, noncontroversial nomination for her. and we do expect out of all of the nominees there've been a handful of those, specifically those with military background but there is plenty of controversy over some of these nominations and it's a frustration for the trump white house that it's not moving more quickly and democrats are using what they can and the rules and with issues to try to slow things down. >> kelly o'donnell, send me a copy of the flowchart. i could use it indeed. thanks so much. i want to bring in with all

these news developing, senator macy harona. good to see you. thanks for joining me. >> thank you, jacob. >> your colleagues are protesting this for steven mnuchin. also putting off a vote on senator jeff sessions today. if you and your colleague know how you are going to vote in the end, why all these delays? >> i'm sorry, there was noise right here when you asked the question. >> if ultimately you know how you are going to vote in the end on president trump's nominations, why are all these delays which are ceremonial? >> i don't think the delays are ceremonial at all. in fact, they are substan taiftive opportunities for us to get the word out and to find out more about these nominees. and i have my own concerns about mnuchin for treasury secretary for devos for education, someone that doesn't believe in the public school system. and of course today was jeff sessions, my colleague, whom i've served with my whole time

i've been here. but i experienced as my colleagues and the judiciary committee, major concerns about jeff sessions for attorney general. his independence from the president, his use of his prosecute toir discretion on prosecuting crimes and really looking at areas relating to voting rights and civil rights and a woman's right to choose. >> your fellow senator orin hatch weighed in on senate democrats protests today in a committee hearing. i want you to quickly take a listen to what he said. >> this is one of the most alarm things. there is a fellow and woman on the other side that i do not care for. i care for every one of them. and normally they're very honorable and decent people. that's why it's so shocking to me that they're not here.

all of these people are being voted no by all of the democrats. what's the matter with the other party? are they that bitter about donald trump? >> senator, i'm not so sure he was talking about you, but since we're chatting, i want to get your reaction here to what senator hatch said. are you bitter about donald trump? is that what this is about? >> no. because at this point, i'm very focussed on what his actions are. actions speak louder than words. and right now, every day that goes by, we're not even into week two of the trump presidency and already he has issued an executive order that has raised concerns all over the world. and including, of course, our own country and that is his executive order on immigration that targets muslims. and every time we go down that path to a minority group. history proves us to be very, very wrong.

it happened with american indians. >> whether it's gorsuch or hardiman, both have previously beenonfirmed with support from democrats. chuck schumer saying they may not be mainstream enough, what is your thinking on this? >> it's one thing to be confirmed to the circuit court. it's a whole other thing to be confirmed for the supreme court. there's no appeal from the supreme court, there are appeals from the circuit court. whoever president trump nominates for the supreme court, i will be very, very carefully asking questions and vetting this nominee because this person will have a lifetime appointment. so i'd want to make sure that whoever the nominee is fair.

i'm interested to know how he, probably be a he, will look at interpreting the constitution and there'll be a lot of questions raised about donald trump's nominee. >> senator masi hirono thank you for joining us. coming up next, despite criticism from lawmakers on both sides of the aisle, speaker paul ryan is reportedly urging house republicans to fall in line and stand by the president's executive order on immigration. but could that end up backfiring? we are going to talk about it next with our panel. don't go anywhere. so beautiful. what shall we call you? tom! name it tom! studies show that toms have the highest average earning potential over their professional lifetime. see? uh, it's a girl. congratulations! two of my girls are toms. i work for ally, finances are my thing. you know, i'm gonna go give birth real quick and then we'll talk, ok? nice baby. let's go. here comes tom #5! nothing, stops us from doing right by our customers. ally. do it right.

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i think it's regrettable

that there was some confusion on the rollout of this. no one wanted to see people with green cards or special immigrant visas like translators get caught up in all of this. i think there was regrettably it was confusing, on a go forward basis, i'm confident that secretary kelly is going to make sure this is done correctly, they get a good review and we're going to get this program up and running with the kind of vetting standards that we all want to see. >> that was house speaker paul ryan criticizing the execution of president trump's executive order on immigration adding that he, himself, didn't have much notice that the order was coming. fellow republican center marco rubio telling reporters last night that he and the state department -- he had heard the state department was ordered not to discuss the ban with members of congress. he said that he wished the administration had worked more closely with congress before rolling out the dramatic policy shift. the question now, will lawmakers frustration lead to action against this executive order or trump's future initiatives.

for more white house correspondent at politico and sabrina, political reporter at the guardian. sabri sabrina, democratic lawmakers oppose this executive order right away. now we're hearing grows frustration from the right. you've been reporting on this. what's going to come of this swell of opposition from not just the democrats, frankly, but both sides of the political aisle? >> i spoke to republicans on capitol hill over the last two days. you're hearing widespread frustration that they weren't consulted by the administration prior to it's rollout. they weren't briefed so they weren't in a position even to defend the action that donald trump took. and many of them do think it's overtly broad. they want to see in particular changes to the status of green card holders which the department said it will address. as well as efforts to make sure that interpreters and those who served along the u.s. military are granted entry to the united states. at the same time, it's important note that most of the frustrations you heard from republicans had to do with the very abrupt rollout and the fact that they were left in the dark.

not with the substance of the actual order with respect to barring immigration from those seven muslim majority countries, most republicans do think that that pause is appropriate. so i don't know that you'll actually see them taking any legislative action to circumvent the order just yet. they're in a wait and see mode to see how the trump administration responds to some of this blow back. >> it is even to some republicans a nice way to put it. long list of republicans who have said that they should have been consulted. do you think this was poor organization on the part of trump's administration or is the president here like flexing his muscles and wanting everyone to know, including his own party, this is how he's going to do things? >> well, i mean, that's what sean spicer would say, i think it's, you know, in plain sight that clearly this was poorly down and rushed through. and that it's obvious that people who were supposed to be this white house's allies on the hill and around the federal government, the generals, people at the pentagon, none of them had any heads up that this was coming. they might have known broadly that there was going to be something coming on vet lg. no one saw this before the

president signed it. it was several hours after the fact that we all got ahold of it and people at these agencies actually saw what this was and that there were problems with it. i think, you know, that just is sort of the way this administration is doing business. i think some republicans are sitting there and even as they grous publicly about the way this was done and not getting a heads up as they grous at reports like our report last night that house judiciary senior staffers, republican senior staffers were working behind their bosses backs to draft this thing. the secrecy is nick sewn yan, if there's a silver lining for republicans, they may feel like they don't have to criticize it publicly because it's riddled with legal problems, it's get set back in the courts. >> which brings us to a name that many didn't know, sally yates. he was the acting attorney general hold overuntil the pick could be confirmed. jeff sessions, the ousting itself is controversial enough, but now, critics all over the place are raising alarm over

trump's rhetoric with the dismissal criticizing yates for betrayal. sabrina, is this crossing the line into intimidation as trump's opponents are saying or is this somehow the responsibility of his administration to unite to get behind his policies? >> well, democrats were the most vocal with respect to not just the dismissal of sally yates, but also the manner in which it was done. the statement that was put out by donald trump late last night. republicans are not really picking a fight with him on this one. they're sort of focussing on the fact that she is an obama appointee, i think that gives them some degree of political cover and with respect to sort of the criticism from republicans, i think that many of them are still reluctant to publicly pick a fight with the administration, particularly because they see this opportunity to advance conservative priorities being in control of both of course the house and the senate. and they know that donald trump is someone who has shown he's willing to retaliate against those who speak out.

you saw how he, for example, tweeted against john mccain and lindsey graham over the weekend when they criticized his travel ban and the way that his administration has handled this particular executive order. so, i'm not sure that you're going to see too much in terms of the two party lines drawn of republicans sort of crossing over and actually opposing donald trump or his agenda at this point. >> of course all of this went down because trump's own attorney general picked jeff sessions in if the process of being confirmed. this piece of video is incredible. sessions himself had a pretty poetic, it's fair to say exchange with sally yates during her confirmation hearing, watch this, guys. >> you have to watch out people will be asking you to do things you need to say no about. do you think the attorney general has a responsibility to say no to the president if he asks for something that's improper? >> the attorney general or the deputy attorney general has an obligation to follow the law and the constitution and to give their independent legal advice

to the president. >> so jeff sessions there instructing yates to do what she ended up being fired for doing later on. it's a remarkable thing to see, and i'm sure it's a clip we are going to see for a long time to come. thank you both very, very much. coming up, the justice department is not the only agency getting a shake-up today. president trump has also replaced the acting director of i.c.e., immigration and customs enforcement just as they are getting a handle on orders an sanctuary cities. right after the break, i got a chance to go inside a jail that wants to be a model for the trump administration. >> what would you say to president trump about the program that you all run in this jail? >> come and see us, president, come and see what we're doing. i think it truly is a model for the rest of the nation. >> much more on that visit and the real life implications of the president's latest orders, right after the break.

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it is time for a check of the headlines at the half hour. president trump just hours away from revealing his nominee to fill the u.s. supreme court seat left vacant by the death of justice antonin scalia last year. one of the two finalists neil gorsuch, a judge with the tenth circuit court of appeals based in colorado. the other finalist is thomas hardiman, a judge with the third u.s. circuit court of appeals based in philadelphia. president trump will not overturn a 2014 executive order signed by president barack obama protecting federal employees from discrimination based on sexual orientation. the white house issuing a statement saying that trump is determined to protect the rights of all americans. the boy scouts of america will allow transgender children who identify as boys to participate in it's boys only programs. the organization previously relied on the gender listed on a child's birth certificate. a spokeswoman says that the decision is based on states and

communities changing how gender is defined. and today is the last day to sign up for health insurance for this year through the affordable care act exchanges. looming over the end of open enrollment are worries that of course people will be left without coverage if obamacare is repealed. the government says nearly 11.5 million people have signed up for coverage in 2017 alone. and now president trump is starting to put a stamp on one of the agencies responsible for carrying out immigration policy. the president announced last night that he's named thomas ohioman acting director of u.s. immigration customs and enforcement. he was in charge since 2013. the change comes days after the president signed an executive order of course threatening to pull federal funds from so-called sanctuary cities which don't help deport undocumented immigrants. i spent time with police officers in two california cities, one of them wants to be a model for president trump's immigration enforcement plan.

the other does not. take a look. >> this looks like a way that normal people are not allowed to go into. >> correct. >> if you're arrested in fresno and brought to the county jail. this is where you come. >> this is the place. this is where the booking process begins. >> this is fresno county sheriff margaret mims. she hopes president trump's paying attention to what's happening in her jail. >> weapons. >> any contraband, anything you don't allow in the jail. >> it's home to 85,000 undocumented immigrants, many of whom work the fields of the most productive agricultural county. if they end up in jail here, they won't see local sheriff's deputies. they'll likely see federal agents wearing the uniform of u.s. immigration and customs enforcement. what made you want to invite i.c.e. in the jail here? >> it keeps my community safe. i truly believe it does. >> how often do you spend your time in a holding cell like this? >> not much. >> so we're locked in.

what's the question you ask if you ask if tlir a citizen. >> are you here with a residency or without? i explained something, i.c.e. may interview based on what your charges are, felony, demeanor, you don't have to speak with them, but that doesn't necessarily mean they won't take you into custody. >> what would you say about the program that you all run in this jail? >> come and see us, president, see what we're doing. i think it truly is a model for the rest of the nation. >> fresno officials insist they won't become a sanctuary city until now a loosely defined term that would detain based on status alone. under president trump's executive order, you might be lives in a sanctuary city that they don't turn over undocumented people even if they haven't been charged with a crime. that would mean the los of federal funding in your area. 220 miles in the sanctuary city of los angeles, lapd lieutenant al labrata showed me around the

newton division. the latino population is over 80%. what would happen if the los angeles police department was forced to ask the immigration sta us of it citizens in stops? >> well, you know, also as an immigrant myself, i wouldn't call the police. i mean, not because i knew i would get deported. i wouldn't call if somebody was getting assaulted on a street. as painful as they would be to allow that to happen, i would be terrified of getting deported. if we don't have the trust of those residents to pick up the phone and call us because they feel every time they call they're going to get asked for immigration status, then that's over half a million people we're not going to be able to service effectively. >> just because you don't ask the status, that doesn't mean if they're arrested and go to county jail they're not going to get deported, right? >> sure. that's a possibility. so person gets arrested tonight, for instance, for domestic violence. they go into a jail, they get fingerprinted, goes into a national data base. >> and shaz shared with i.c.e.

and the federal government. >> correct. >> as it turns out, that's not much different from what happens in fresno. do you guys check status outside of jail or only once people are inside? >> we are not involved in asking people to prove that they're here legally our deputy sheriffs on the street that i really think we get into a community trust issue. >> if los angeles is seen as a sanctuary city but fresno is not and the polices strategying is the same, where is the discrepancy? >> well, i think it's the public conversation. >> so actually you're the same page with a city like l.a., and that case -- >> i haven't heard any police chief or sheriff say that we are checking people on the street to see if they're here lelly or not. i don't know of anybody that's doing that. >> either though neither conducts immigration enforcement, fresno does not see itself as a sanctuary city while l.a. does. how president trump's executive order changes that and what the administration will defund if

the order is ignored by local jurisdictions, are questions that need to be answered. one place, san francisco is not waiting for answers. this afternoon it became the first city to sue the trump administration over the sanctuary city's order and joining us now to discuss this is california democratic congresswoman judy chu, welcome to the program. thanks for being here. you are a member of the house judicious area committee which has some oversight in the area. what is the range of possibilities that the trump administration could defund if cities ignore this order and is that something that you're worried about? they're going to follow through on that? >> i don't believe that they have legal standing too defund these cities. in fact, i think that it is not advisable for them to blackmail these cities by saying that they should not follow one policy and then withhold funding in a completely different -- >> congresswoman, if i could stop you right there. a black male is a strong word to

use against the sanctuary city's executive order. does it rise to that level? >> i think it is. they are taking unrelated areas, they have their own immigration policy, and yet they say that they would withhold funds on things like gang diversion or on nutrition. i mean, why is that related? it is not related at all. so i do believe that they do not have legal standing. >> the trump administration announced as i mentioned last night that the president's chosen thomas homan to be acting director of i.c.e., he's been involved for three decades as he mentioned in the press conference. most recently in charge of the obama administration actually their deportation of nearly three million undocumented immigrants. as you know, more than any other president ever before, what do you think about this choice and what does it tell you about the trump administration's priorities on immigration? >> i am mainly concerned about the trump's administrations

attitude towards deportations. they have greatly strengthened and enlarged the definition of those that fall under a criminal category. and as a result, are going to probably be doing many, many more deportations, but my question is whether those deportations will make us any safer. for instance, if the criminal activity for which the person is being picked up for is due to the fact that they are undocumented, for instance, they are driving without a license, then is that -- is the picking up of that particular undocumented person going to make us any safe kper. >> that's the question again that the trump administration needs to answer about what type of enforcement they want to see. i want to talk to you about saturday because i was there, you were there, one day after the president signed the executive order on immigration and refugees, you and fellow congresswoman went to l.a.x., los angeles international airport to get answers about

several people detained there. we have video of you on the phone with the top customs and border protection official, what did commander watson tell you and were you able to get any answers? if not, why not? >> i was shocked at the level of chaos at the airport. the customs and border patrol were not able to give us any answers. we kept on asking them as two members of congress, we felt that we deserve to have an explanation of what was going on and how many people were being detained. what countries they were from. and commander watson just stone walled us. she said that she did not have authorization to talk to us. and she actually ultimately hung up on us. >> well, i guess nobody likes to get hung up on. congressman judy chu, thank you so very much. >> thank you.

coming up next, latest on the military raid in yemen that left two americans dead. one a member of seal team 6, the other the eight-year-old daughter of a notorious u.s.-born terror leader. what authorities are saying about what went wrong in the first raid carried out under president donald trump. that's coming up next. with my moderate to severe crohn's disease,... ...i was always searching for ways to manage my symptoms. i thought i had it covered. then i realized managing was all i was doing. when i finally told my doctor,

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hi! hey! i've made plans for later in case this date doesn't go well. same here. wouldn't it be great if everyone said what they meant? the citi double cash card does. earn 1% cash back when you buy, and 1% as you pay. double means double. new questions are being raised about the first military operation of crew and by president donald trump. the pentagon says navy seals carried out a raid in yemen's province on sunday. u.s. officials say 14 al qaeda militants including three leaders were killed in the attack. a number of civilians were also killed, and a helicopter had to be destroyed after it made a hard landing near the raid site. the pentagon says 36-year-old chief petty officer william ryan owens of illinois was killed in a fire fight. officials also say the eight-year-old daughter of al with a i can, the al qaeda leader killed in u.s. drone strike in 2011 also died in this attack.

joining us now to take a closer look is retired jornl jack jacobs and a medal of honor recipient. colonel, thanks for joining us. the white house said on monday that this raid was a success. it was a success? >> well, these operations are notoriously difficult. raids are very difficult to undertake and to pull off. especially in the middle of enemy territory. this deep inside the country, it's in the southwest, but it's well beyond the capability of most -- many of our aircraft to support. when you practice these sorts of things, you do so with the understanding that it's going to be a difficult environment. the intelligence is never going to be perfect. i've been on lots of raids myself, many of them failed because intelligence was not particularly good. in this case, if the reports are connect that a significant

number of enemy were eliminated, but these things never, ever go off without a hitch. i am surprised, however, that they lost an aircraft and if you remember the attack when -- >> osama bin laden. >> we lost a helicopter there too and had to destroy. they never go perfectly well no matter what the intelligence is. >> during the presidential campaign, colonel, president trump made it clear that he would go beyond just taking out terrorists. i want to show you some of what he had to say in a 2015 fox news interview. and then i also want to show you what white house press secretary sean spicer had to say today. take a look. >> very politically correct war. >> we see that happening -- >> the terrorists -- you have to take out their families. when you get these terrorists. you have to take out their families. >> no american citizen will ever be targeted. he's been very clear when it comes to seeking out isis and other terrorists he's going to

lean on director pompeo, general mattis and seek their opinion. and that will be continued. >> so you heard the then candidate trump saying, you have to take out their families in 2015. then today the press secretary say nothing americans will ever be targeted. how do you square this colonel with the death in this operation of the eight-year-old daughter? >> it was not kno that she was there is the most likely evt. if under the previous administration, the raid probably would not have been conducted until they had some degree of confidence that she was not there. but there's no way of knowing whether she was there or not. i think the interesting thing is that the chain of command, the military chain of command is of such a mind that if one of the objectives was to eliminate the family of a terrorist that the military would not conduct the

raid. as a matter of fact, would argue strenuously against it. that's the indication that everybody gets from listening to general mattis. we have a dysfunction and distribution of information. and i think if all the facts were known, i think the outcome probably would have been different. nevertheless, raids are going to continue to be conducted, and civilians will be put at risk and that's always the way in wartime. >> colonel jack jacobs, thank you for discussing the first raid in yemen in which the u.s. put boots on the ground. appreciate it very much that you were here. and we had your valuable insights. coming up, closer look at the truly affected by president trump's executive order on immigration. this is quite remarkable. i'll speak with the family here on set in new york who fled their home in iraq years ago, and were hoping to soon be reunited here in the u.s. with other members of their family, but now, they have no idea if or when they will ever see each other again. don't go anywhere.

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now here's the cnbc market wrap. >> thanks so much, jacob. u.s. equities closed lower but reported monthly gains. they chewed on the latest policies from the white house. fell 107 points, s&p down two and the nasdaq up one point. that's it from cnbc first in business worldwide. i mean wish i had time to take care of my portfolio, but..

well, what are you doing tomorrow -10am? staff meeting. noon? eating. 3:45? uh, compliance training. 6:30? sam's baseball practice. 8:30? tai chi. yeah, so sounds relaxing. alright, 9:53? i usually make their lunches then, and i have a little vegan so wow, you are busy. wouldn't it be great if you had investments that worked as hard as you do? yeah. introducing essential portfolios. the automated investing solution that lets you focus on your life. "how to win at business." step one: point decisively with the arm of your glasses. abracadabra. the stage is yours. step two: choose la quinta. the only hotel where you can redeem loyalty points for a free night-instantly and win at business.

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as we close out our hour, i want to bring the heart breaking story of a family ripped apart by president trump's executive order on immigration. came from the u.s. in 2014, she, her husband, and five sons just survived working to help u.s. soldiers in iraq at great risk to their own safety. after their home in iraq grew too dangerous, the family fled to jordan and then they planned to make their way to the united states to finally settle here in a permanent home. she has spent more than two years building a life here in new york city, near three of her

sons, but her husband and two other grown children remained in jordan with plans to come to the united states soon. on friday, of course, president trump's executive order shattered those dreams of reuniting as a family. maha and her son safi are with us here today and we are joined by the brother, omar, the wife, and children who are joining us now from jordan. remarkable to see them, but maha, i want to start with you here first in new york. when you first learned about president trump's executive order last weekend, you learned that the rest of your family was not going to be able to join you here in the united states. what did you think? >> i felt exhausted. i think that my family is threatened. during that when we came here and we believe that my family will live together and we here in the u.s. after that long

journey with terrorists -- because my husband has kidnapped and my two sons -- and because of this we need the u.s. government to protect us and because we escaped from terrorists. >> and i want to be clear, your family was possibly just a week away from arriving in the united states. early february was the plan. do you have any hope that they're going to make it here now? >> well, i hope so because -- we have the u.s. government in iraq. we do our job. and we went through all the screening, all the medical screening, all the security check, all the process through all the agencies -- >> the entire vetting. >> the entire vetting. and we pass all that. we even got recommendation from the companies, from the american people, these people will not --

there is no threat to the national security. and we already passed that. we got the visa. they scheduled to be here on the february 7th. >> and of course now you don't know. you have no idea. >> i have no idea what's going on. >> i want to talk to omar who was there right now in jordan with your wife and your kids as well. omar, let me bring you in here. what is life like for you now in jordan there with everybody? >> actually, here in jordan when we fled from iraq, we thought this is only a temporary solution for us. and we will find a home and the united states. and that's when everybody within the family, of the family members we applied for the asylum seekers. through the eight agencies. but, we've been waiting for this journey to complete because now

we are living a stable life and we don't know the future for us. so we always been waiting for this hope that the time we arrive in the u.s. we have the solution and we have a country that we care for and a country who can protect us. so our dream was basically now we have no country and no home. and we are stuck in the middle and we have no clue about what will happen in the future. >> he has no country and no home. omar, no country and no home, you've helped people through your work with unicef. you have worked to help the u.s. army. maha, i want to ask you quickly, what's your message to president trump? >> please, president trump, look for us because we tried to support american government and american army and iraq and because of this, we have to get your protection. >> thank you. thank you very much to all of

you. safe maha, omar in jordan, thank you all so much for joining us and good luck to you. that does it for me. i am jacob soboroff in for steve kornacki. coming up right now, mtp daily. stick around. if it's tuesday, we're hours away from the president's supreme court pick. and that is isn't nearly the biggest story of the hour, let alone day. tonight, organized chaos. how president trump's first week and a half is giving a new definition to the word unprecedented. >> it's not a travel ban. >> we're going to have a very, very strict ban. >> supreme pick, will president trump's nominee for the supreme court really face a big political fight or is this much adieu about nothing? >> this is not the time for our friends to embark on another partisan crusade. >> and, the president's first military