is a class act. follow me on twitter. go to facebook. "hardball" with chris matthews starts in about ten seconds. you don't want to miss that. go to facebook page before chris starts. a so-called judge. let's play "hardball." good evening. i'm chris matthews. is the country on early course -- if it continues on current course to constitutional crisis. whether executive order remains frozen or will it resume. it began late friday and judge

issued temporary restraining order. in the wake of that ruling president trump took to twitter to attack the federal judge's decision well legitimacy. the opinion of this so-called judge which takes law enforcement away from our country is ridiculous and will be overturned. we await decision from the liberal ninety circuit court in san francisco where they filed brief asking them tho reinstate. -- and immigration. this would be beginning of a constitutional show. additionally, 100 technology companies have filed brief, among others apple, google,

and -- >> where are we? >> there's nothing -- nothing will change this executive order will remain on hold at least another 24 hours. the federal appeal courts have order them to give an hour of oral argument on telephone conference call. a judges and lawyers will be together on conference call at 6:00 p.m. eastern. the court will decide to allow this judge's ruling to remain in effect which keep immigration order on hold or stay the judge's order and let government begin enforcing it again. >> do you believe based on what you have been gather, does the president of the united states have expansive authority.

can he do what single out young people in this country and say we're going to give priority -- we're not going to go after them, we're going to go after people like felons, where do you stand on that power? >> on the obama order, no one contested he can change enforcement policy the question was could he on his own or take an act of congress let's them stay and apply for social security, that's what hung up obama. this is a mixed question. that's the problem for the opponents here. because federal law on the one hand says you can mott band any class of aliens from a single country. there's a federal law that says president when can restikt an entire class of aliens, from

entering the country. so the government has a plausible legal argument that's what the court are going to have to sort out. that's not the question before the court. the peal court has entirely different task to decide which is best. who gets hurt move. we get hurt more if you let government continue to restrict travel system, companies are hurt, the government says no we're, hurt more because if we cannot enforce this, bad people can come into the country. that's the balance the apeals court has to deal with. they raise interesting fall back, they say you should wipe the judge's order out completely, but, if you had to,

we could say that people who are previously admitted to our temporary abroad now want to come back or are hear want to travel and come back, imgrants here now if you want to exempt them from the order you can do that. >> is that equal due process? >> that argument has been made about due process. that's ultimately the lower courts going to get into that when he get into the constitutionality and legality of that down the road. >> why is it so urgent. we thought this seemed to be fast-forward, they moved so fast this could go to the supreme court quickly. >> yes, not -- this is an

emergency appeal. the judge granned temporary restraining order. the state sued on friday, they said look, we're getting hurt right now by this. we want you to issue an order that freezes things as they were before the executive order went into place and we'll duke it out later whether constitutional or legal. that's remedy and the government rushed up and no, don't do that. that's on emergency basis. >> it's interesting. pete williams, thank you. >> you bet. show down between white house and the court, the court would be to blame for future attacks in the country. >> i would believe judge put us in peril. i'm joined by steve, and -- i

want to go to steve on this, on the politics of this and general sense, there's a background here. trump called one judge unreliable because he may be prejudice against him. in this case he refers to so-called judge. i want to ask professor whether that's going to make judge less happy to go along with the president's position. what do you make of this andy jackson thing going on here? >> it's inappropriate. we have an independent judiciary in this country. he is not a so-called judge. he was nominate by the president of the united states. confirmed by the united states senate. he is a judge. period. end of discussion. the attacks of the judiciary or

undermining the fundamental fabrics of the institution which lost confident in the eyes of the american people. there's a 80% of people -- 78% of people born in the 1930s believe democracy. 25% it's essential to live in democracy. i think that's terrifying. when you look at the action you look at the statements out of the white house today about negative news is all fake, we are reaching dimensions and it's disturbing frankly. >> let's watch how former governor mike hack bee defend's trump's -- >> is this a sign of what to come where we have the executive

branch fighting with the judicial branch? >> -- it's the law of the land. >> professor i never heard anybody talk like that. yes, the court have a right. even richard nixon, he turned over the tapes because he knew they were the boss. >> they are abiding by the order, they are following lawful process despite what the president is saying. they are appealing the process. exactly what we want to happen. >> the american judge attacked, ju jump trump so-called judge. >> it cannot help his case. i don't see how this could be a good thing going forward if he

insulting the judiciary. there's something that's concerning that happened up to this point, before this court order was issued there were others that required administration to let in aliens to boston and l.a. up to this court's ruling, the administration torn up visa, left people stranded overseas, until this ruling. >> the battle of people inside for his ear. i read that steve bannon wrote order himself putting him on the -- i couldn't believe that he got the president to sign

order giving him authority and position without telling him what he was doing. >> he dn't bri him on what the blow back would be this evening by admiral mike mull len, the chairman joint chiefs of staff. how widely inappropriate for the political voiz adviser to be on security council. what does not get enough attention is the radical foreign policy views that are so far outside of the mainstream over the last 72 years there is somebody who roots for the unraffling of the treaty -- and international order that prevailed in the cold war that came to life after the second world war and is maintained peace and pos part of the world.

it's remarkable someone on that kp committee and that the committee will be politicalized. -- of that committee and removing steve bannon from that permanent seat because it's inappropriate. >> president trump said terrorists attacks have gone unreported because the media does not cover them. >> you have seen what happened in paris, and nice. all after europe it's happening, and it's not been reporting.

the dishonest press doesn't want to report it. >> he referring to terrorist attacks over the days and weeks. let me ask you about the president's authority. is that -- if he said nobody from these seven countries gets in, would he have been better off? >> he could have been better off. even on the face of the order putting aside the rhetoric about banning muslims, the order discriminates based on religions. >> the reference to the what to do after the ban on refugees where he says minorities --

>> right. potential exceptions to the ban. the order itself violates the clause which prohibits favoring of one religion over another. >> that was a good clause? >> yes. >> coming up president trump's refusal to say anything bad about president putin. our country is not so innocent after all. it's a dark view for a president to take about our country, really. one former staffer said it's like d day where the president's team are storming the beaches without a plan. >> the travel ban is not a ban which makes a ban. >> you called it a n.

>> bause i'm using yourwords, ban. >> the if the ban were nounannod with a one week notice. >> exactly. you said that. it's your words. he quoting you. >> killer, president and team are making changes, super bowl li had a political feeling, halftime i'm talking about. politics were everywhere. pop culture exploiting. this is "hardball" where the action is.

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mother's and children trapped in poverty in our inner cities. rusted out factories scattered like tombstone across our nation and the crime and the gangs and the drugs that have stolen too

many lives and robbed our countries of potential. this american carnage stops right here and right now. >> keyword was "carnage." that grim view was ef dent in the -- do you respect putin. >> do you, why. >> he leader of his country. i say it's better to get along with russia than that. this major fight, that's a good thing.

will i get along with him, i have no idea. >> putin is a killer. >> we have a lot of killers. do you think our country is so innocent. >> i don't know any government leaders that are killers. >> take a look at what -- >> mistakes are different. >> a lots of people were killed. a lot of killers around. believe me. >> let's watch. >> my father is no different that any powerful man responsible support other people. like a senator or president. >> you know how naive you sound. >> why. >> senators and presidents don't have men killed. >> who is being naive, kay.

>> putin was undercut making the rounds on sunday morning show. here what his reaction is. >> i'm not going to critique the president's utterance. america is different, we do not operate like the russians do. >> i don't know what the president is trying to do, putin is a mess, he committed all sorts of thuggery, i'm possesop to the way he conducts himself. >> house democratic leaders think there's something more to the relationship. >> i want to know what the russian have on donald trump. i think which have to have an investigation by the fbi to his

financial, personal and political connections to russia and we want to see his tax returns to we can have truth. >> senator, what do you make of what former speaker pelosi just said about why she cannot fathom what our president says about putin. he would not back up the notion that putin was a bad guy. >> the idea that america is a exceptional country and good to donald trump. somehow he doesn't seem to understand that. the idea that he would compare putin, who kills journalist, and opponents has worst record in the world to american, is

unconsiderable. >> what do you make of his attempt -- i don't think he wants to take any shots against putin. what do you think about his comparison about knocking people off and our decision to go to iraq which cost 178,0 people over there. he said they are the same. if you will a million don't pay a -- -- >> he is exception to that. during the iraq war. we sent the troops over there. to come compare those troops with some of the putin thugs, i think is if you didn't hear and see the visual you would say this is unbelievable.

we have in a strange time at a this point and i think these comments don't make a stronger -- the immigrant panned band. what kind of message did they send, you have a bunch of questions what we already know, in terms of russian interference with our elections -- >> thank you, so much. to explain why the united states is "innocent when it comes to having killers." there have been no 4400 u.s. casualties. according to the body count.org

there's been 100,000 killed since the war started over there. personally. here we go. >> i don't know of any government leaders that are killers in the -- >> take a look at what we done to too. have have been a lot of mistakes. >> a lot of people were killed. a lot of killers around. >> mr. trump continues to argue he was against the war. interview he did with harward stern back in 2002. >> i wish it was the first time it was done correctly. >> the anchor for bbc nieews, i was listening to theresa mai,

she was impressive in that interview last night. america has blood on its happened basically. >> everyone looks to america, and the idea you can have a president saying we're morally equivalent to russia, particularly president putin's russia. people are scratching their heads. they don't know what is going to come out of the president's mouth. does he value his relationship with russia more than with europe peen, allies, it seems so. >> why do they say bill

o'reilly's statement which a is killer. react to that. if he says he is a killer, then he ruin position with putin, if he -- if he was skilled enough, i'm not going to answer a question like that. i have to do business with this guy. i'm going to try to do business -- that's what i'm here for. or something. but instead he bit into it and defended putin morally and said he's no worse than us. >> every single time he is asked about putin, his position, is not to kritize vladimir putin. i tli it's going to be -- is

going to be his position on russia. >> he is a stubborn fellow. thank you katty kay for coming on "hardball." >> this is "hardball" where the action is. across new york state, from long island to buffalo, from rochester to the hudson valley, from albany to utica, creative business incentives, infrastructure investment, university partnerships, and the lowest taxes in decades are creating a stronger economy and the right environment in new york state for business to thrive. let us help grow your company's tomorrow - today at esd.ny.gov what are you doing? getting your quarter back. fountains don't earn interest, david. you know i work at ally. i was being romantic. you know what i find romantic? a robust annual percentage yield

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frustrated by early stumble and looking for shake-up. according to the times, mr. trump and staff are rethinking. from now on he would be looped in. another changes would be checks on unvetted power. who oversees the implementation of the orders, travel ban on s mus -- muslim countries. starting correspondent, glenn, let's talk serious stuff. is your reporting that steve

bannon drew up executive order putting himself members of the national security council and got a signature without the president knew who he was doing with his pen? >> we don't know what the president new about the executive order whatever was presented to him was not given with the history entailed. it's -- we talked to 40 or 50 people was that the president didn't understand the -- put ago person on head of national intelligence on less of a permanent standing. so the -- he may have read every word of that executive order and

understood is it to the best of his ability. what is clear he was not given the information about how unprecedented it was or change the power. >> wha you think of trump, he is a brain, he is a human being. people come in with paper, oral presentation, you have right pro portion of the right information, he gets it after it has been distilled until he can weigh it intent gently. with this guy. >> -- really could be viewed as a group who is learning how to do this job. you know this, had is hardest

demanding and reacting institution in the world. people came in with a strong expectation to be able to blow everybody away. they are understanding how difficult it is. that job is most restrictive information environment in the world. last chief of staff took it to an extreme cutting the information flowing to president obama. the question we have to ask ourselves is how is president getting thsks information when is he getting it, is it getting to him in a way he understands the implications, a lot of people were relieved to hear that priebus was proposed order on the system. >> "monitor mr. spicer's

performance summoning him to -- this weekend "saturday night live" killed this guy. h here is melissa mccarthy playing sean spicer. >> i -- apologizing to me for how you treated me these last two weeks. >> go ahead. >> i want to ask about the travel ban on muslims. >> it's not a ban. >> sorry. >> it's not a been. it's not a been which calls it a ban. >> you called a ban. >> you called it ban. >> if the ban were announced with a one week notice. >> exact lay. you said that.

he's quoting you. it's your words. he's using your words and you use it and you use it back that's sir lcircular using of t word. >> he mad at you, he should be mad at "snl" that because terrible. the gender wrong. they are trying to make point with -- they were put this guy down as a person. it was brutal. much worse than you. >> i have my own kocomplaints. >> chris, can i tell you thank you for accepting my 100 check. i think spicer can be mellower than that. you know sean, the difference between sean in person and

private is startling. he may want to chill out overtime. >> i tell you the nany cam is watching all the time. it's frightening to have a boss like that. you are out there. you are the star. you're going to be attacked all over the place. up next, yet super bowl was the most political, everybody had a point to make. you're watching "hardball" where the action is. will your business be ready when growth presents itself? american express open cards can help you take on a new job, or fill a big order or expand your office and take on whatever comes next.

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welcome back to "hardball." over 100 million americans tuned in to watch the super bowl. the action wasn't just on the field but played out on the

commercial break. from issues from gay rights to immigration. >> it looks like you're not from around here. >> i want to prove -- >> welcome to america. >> go back home. >> from st. louis son. >> from my family, please. >> thank you. next time there is to beer we drink. >> there was much anticipated lady gaga. halftime show odds until show time slip in subtle statements

from this land is your land. i'm joined by the panel tonight. reporter u.s. today, national reporter for the "new york times," and john. what did you make of ten seconds of the commercials. i thought it was great. your thoughts. we were told about pro-immigration. >> occasionally i was interrupted by a bunch of ads. >> a lot of companies were weighing on on the national conversations taking some risks. >> here is one that pro-woman and appropriately so. german maker audi promoting

gender pay equality. let's take a look. >> what do i tell my daughter? do i tell her that her grandpa is worth more than her grandma? that her dad is worth more than her mom? do i tell her that despite her education, drive and intelligence she will automatically be valued less than any man she meets? or may be i'll be able to tell her something different. >> physically thrilling.

i watched that and i go wow! can do. >> i thought it was an amazing ad. the men who have daughters, the -- equal pay, the fact we have numbers that show women are not valued like men, is an important point to make. >> most talked about ad was the pennsylvania number it was cut short because it was too controversial to put on here are the last few seconds that did not air during the game. >>

>> michael bruner, the ceo of the company that created that spot, it had three quotes, one generate awareness, and to get recruits to fill the number of position they this open over the course of the year. the ce, o defended the message saying i am all about those people willing to fight can go extra yard to make a different and they do whatever it takes to become a citizen. i'm for that 110%.

but do i want cartel, hell no. they are going to recruit people without papers. why is this company running the ad. that was the purpose. we're recruiting people. the owner said the people -- by coming to the company illegally. you are is to go through the wall. your thoughts. >> 84 lumber is a small part of the countries. if you look at where they are located, it's all trump country. a lot of people did interpret this as an anti-trump ad. i'm not sure i understand from a film standpoint, it looked beautiful it was a nice story.

but i'm not sure. >> he said he was going to build a big wall and have a big door. there is what we want and we want the door to open when we want the door to open. they don't see it as an anti-trump ad. >> that's weird. you don't get to become a citizen just getting the state. >> as a lumber company. >> they were out to recruit workers, i don't iso would be watching to see if they would hire anybody like the people in the ad. this is "hardball" where the action is. using smart traps to e mosquitoes and sequence their dna to fight disease. there are over 100 million pieces of dna in every sample.

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♪ well, we're into the third week of the trump presidency and when we come back, we've got three things that i don't know. back after this. hey, need fast heartburn relief? try cool mint zantac. it releases a cooling sensation

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>> first time ever to confirm a cabinet nominee. if it's a 50/50 split for betsy devos, he will have to come in and vote for betsy devos. >> i've talked to two different connect consultants who tell me they've already had meetings with their clients asking them to look at the 2020 race, both from the progressive side of the democratic party. >> by the way, everybody is going to join that progressive side because they think that's where the action is. one person won't and that person will win. when we return, let me finish with "trump watch." you're watching "hardball." when you have something you love,

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trump watch, monday, february 6th, 2017. the president now entering his third week is facing a battle on two sides. one from outside, the other from inside the white house. the outside fight is with the court system. it may not sell with him that america's judges decide what is constitutional but they do. it's called judicial review and goes back to the days of chief justice marshall. governor huckabee can say the secular branch has been but even a president facing removal, richard nixon, knew he had no choice in such matter. governor huckabee can say once the court says something, that's it, but it is it. the man in the white house is not getting the right advice if he listens to voices like huckabees. we don't know how the ninth court of appeals will rule but

when it does, it will matter. the second fight is inside itself. there are two models for presidential power. one is having a strong chief of staff and the second model is calls spokes of the wheel which allows a number of people to meet with the president and for him to decide whose guidance he follow. the second method requires that the president have a firm grasp on governmental and get the key facts he needs to make a decision. if president trump chooses the latter, that doesn't mean he's wrong. but it requires a vigilant watch on his people and enduring alert to what his people are up to. it means not letting your chief strategist put himself without your full understanding on the national security council. or worse yet, having you sign the order without you knowing what you're signing. that's "hardball" for now. thanks for being with us.

"all in with chris hayes" starts right now. tonight on "all in" -- >> it's gotten to a point where it's not even being reported. >> attack mode. >> the very, very dishonest press doesn't want to report it. >> president trump blames the press, the polls and now the judicial branch in a last-ditch effort to save his muslim ban. >> they have their reasons and you understand that. >> tonight, where the legal showdown stands. and inside reporting on chaos at the white house. then -- >> putin's a killer. >> a lot of killers. we've got a lot of killers. what, you think our country is so innocent? >> general barry mccaffery on trump's defense of putin. >> and about those ads -- >> what do i tell my daughter? >> how celebrating american values in super bowl commercials has somehow turned into an insult to the president. >> you don't look