a problem. >> we leave on that note. i'm hallie jackson, thanks for being with us. we're back again on monday with you can bet much, much, much more news. but in the meantime, a weekend nap. i toss it over to my colleague ali velshi. hi, pal. >> you have a fantastic afternoon. right now ready for battle, president trump says he's going to fight a federal court ruling that refused to reinstate his travel ban executive order. now the white house could appeal as soon as today. new concerns as you just heard over kellyanne conway. congress is now looking into whether the top trump aide violated any ethics laws. the bipartisan outrage is growing after conway urged americans to buy ivanka trump's products. >> and why the family of emmitt till, the african-american boy who was abducted and then killed after whistling to a white woman

in 1975. i'm ali velshi coming to you live from new york. new reactions from president trump to a federal appeals court unanimous decision refusing to reinstate his travel ban. the president tweeting "remarkably in the entire opinion the panel did not bother even to cite this statute, the president adding "a disgraceful decision." that follows the president's initial reaction minutes after the three-judge panel in san francisco issued its decision tweeting in all capital letters "see you in court, the security of our nation is at stake!" which he repeated while talking to reporters off camera a few hours later. here's what he said to hallie jackson last night. >> we'll see them in court. it's a political decision that we'll see them in court and -- >> so you believe the judges

made a political -- >> 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. >> democratic governor jay inslee of washington, whose state challenged the ban also reacted on msnbc last night. >> he said he'll see us in court. we just saw him in court. he lost. >> hillary clinton's reaction to the three judges' unanimous ruling was a simple 3-0. we begin with msnbc's peter alexander. you've got some reporting on what the white house is planning next. >> reporter: that's exactly right, ali. i spoke to a senior administration here in the west wing within the last hour or so. they say there have been deliberation, conversations taking place since even before the 9th circuit court of appeals ruling reinstating the situation as it is.

the bottom line is the white house is confident they will still be proven correct on the merits of the president's immigration order. they say among the options being considered are pursuing further this current case as well as separately going forward with a new immigration executive order that could be signed in the word of this senior official soon. this follows our colleague at msnbc, joe scarborough reporting this morning on "morning joe" that the white house team is working on redrafting the executive order. the legal team is working on language of that e.o. they believe would be able to clear the federal court. they say this is still a work in progress but the president has been a conversations since even before last night's ruling. >> talking about conversations, one thing that many people have been hoping is that as the president assembles a cabinet, he's got people who will specialize in these areas, the

law, with which he can consult. as the last night, he had not consulted to jeff sessions, which you would assume would be one of the first things that would happen. where is jeff sessions in this? >> it's a good question. we don't know whether the two men have spoken yesterday, yesterday was the first day for jeff sessions. it was all the more striking that president trump came out with the tweet in all caps without having consulted with jeff sessions on that. no specific details on whether or not there has yet been a conversation with attorney general jeff sessions. we do know that right now the president is meeting privately in the oval office with senate majority leader mitch mcconnell and himself vice president mike pence. this is before he welcomes

shinzo abe to the white house. >> thank you so much for your great reporter on this. we'll check in with you in a little bit. you saw the president tweet "see you in court." pete williams, this comes as to surprise to you. we've talked about it every day this week that this was likely if they didn't get their way in the 9th circuit court. many people last night saying of all the reactions president trump could have had, this one seems okay. >> first of all, i apologize my color guard hasn't gotten here yet, ali. they've been held up in the parking lot. that's the next step is for the government to ask the supreme court for the relief it couldn't get in the 9th circuit. but let assume for a moment -- by the way, that will take several days.

they will file it with justice kennedy. he'll refer it to the full court. probably they'll ask for a response from the state, maybe a reply from the government, set a briefing schedule and decide what to do. that would be the normal course of business. let's assume the government is successful in the supreme court and gets the stay imposed on the lower court's order so the government could begin enforcing the executive order again. there's nothing to stop another federal judge from doing what the seattle judge did, which is ordering that the government can't enforce this ban. and then you're going to go to the appeals court and this could start all over again. as a matter of fact, right now in federal court in alexandria, virginia, just across the river here from washington, the attorney general of virginia is arguing for just such a restriction, a preliminary injunction before a judge who has shown some sympathy to the state's arguments. so the whole point of this is

simply to say that once the supreme court disposes of this one way or the other, that's not necessarily the end of all the legal wrangling. if the white house does withdraw the executive order and write a new one, presumably these cases at least for the moment would become moot and the challengers would have to start over again. >> new executive order, refining this one, waiting for one of the other court cases to come um and they're just hedging, just waiting to see which one is likely to work best or is there some real consultation going on? >> i don't know. but i'm sure there is. that's what folks do every day here. but i'm sure at some point the attorney general would get involved. in terms of strategy, there's political and legal conversations here and i don't know which would take priority. but let me just say one other point. why would rewriting this help? here's the reason -- what the 9th circuit said is the reason problem, the reason the states have some traction here is

they're arguing that the executive order was harmful to people who got visas and then came to the u.s., foreign students and so forth. if the order was rewritten to say it only applies to people who doesn't have visas yet and want to come here for the first time, then it would be much harder to challenge in court. >> pete williams in washington. i want to bring in jesse wegman, he's with the "new york times" editorial board. he's a writer on law and the supreme court. i want to pick of where pete and peter have left off. a number of people opining that partially because of the make-up of the supreme court, this particular executive order moving its way to the supreme court may not be good for the trump administration. >> i think in a normal administration and with a rational president you might see maybe a resistance or hesitance to approach the court on this. he's lost in virtual live every

judicial forum that they've defended the ban in. you know, i think what you would be very likely to see happen if they do take it to the court and the court did accept the case is probably another loss. now, this is a preliminary stage of the case so there's a long road ahead. >> so i was speaking to a constitutional lawyer last night who said that whether or not you agree with the merits of the case, that's actually their strongest part of the case. in other words the procedural stuff, the political stuff, the bungled rollout. if they were to concentrate on a new executive or or refined executive order, they may have a better chance of saying on the merits the federal government suffers more harm than the states argue like thment like t. >> it's clear their best course would be to go back and fix the order. the 9th circuit in its ruling gave them plenty of opportunity and plenty of hints about how they might do that. on the other hand, you have

president trump's tweets and this is sort of an endless headache for -- >> do you think it influences judg? it's not just that they're an irritant. it's the idea that he has said that the courts shouldn't have or don't have the right to question the elected commander in chief's authority when it comes to national security. and the 9th circuit seemed to imply they always have the right. >> that was the justice department's argument. that was a plausible argument to make -- >> president obama's made the same argument, george w. bush made the same argument. we have seen a lot of executive presidencies. >> that's true. what you haven't seen in personal attacks on the stuj strunlry and blaming them for

acts in the future. that's where you are see judges stepping back and saying had is not the same as other assertions of, tiff authority we've seen. >> there are about 20 different cases going on right now about this. we seem to be focused on had one but there a lot. what's the strategy about just waiting it out and seeing whether goes their way. there have been so many rulings again them. there is a temporary restraining order against the travel ban. i think, you know, ratr than try to fight this out in court, it seems like they could read the tea leaves, which are pretty clear right now and go back and recraft the order, as pete was just saying. i think there are many ways they could do that. >> we're going to be talking about this for a while. thank you so much for being with us, jesse. >> my pleasure. >> now to capitol hill where

federal appeals court judge neil gorsuch is holding another round of meetings this morning with senators who will vote on whether to confirm him as the white house continues to fight back against wudly cooperated claims that judge gorsuch told senators that he was, quote, disheartened by the president's comments about federal judges. >> his comments were misrepresented. >> the judge was very clear he was not commenting on any specific matter, right? and then he was asked about his general philosophy. so you can't then take that, equate it back to the specific. he literally went out of his way to say i'm not commenting on a specific instance. >> nbc news capitol hill correspondent kasie hunt. i have to say, i know sean spicer and i like but he seems to be setting himself up for another "saturday night live" skit.

>> well, kelly ayotte's statement yesterday did say that this was supposed to be in broad context. now, of course what these democratic senators have been asking about are the specific instances of things that donald trump has said in public. so that's kind of where this stands. we do know that judge gorsuch started making these comments before that speech to law enforcement groups that donald trump gave on wednesday morning but it was after his tweet referring to the so-called judge who was challenging his executive order. so we've had a series of kind of incidents here from the president and then of course the judge has been meeting throughout this time. so this has been evolving. i think that they have been very careful in how they've approached this. clearly they wanted these comments -- the broad version of these comments from the judge to be out there publicly. senator blumenthal said on "morning joe" yesterday that you

know what, he told me, you can feel free to characterize these comments in public. that's not a very common thing necessarily. but i think it shows you that they have this focus on trying to make sure that there is a perception among democrats that they think that might be willing to vote to advance judge gorsuch to an up-or-down vote that they have a little room to claim that we have faith that judge gorsuch is going to be independent from president trump. >> did he have any comment on the 9th circuit appeals court ruling? >> reporter: so judge gorsuch has not commented publicly at all in the hallways of capitol hill. he's been up here meeting with senators today and previous times this week. that's in line with how other trump nominees have been handling themselves in the halls of the capitol. >> the president's nominee, tom price, republican of georgia was confirmed in the wee hours of the morning. tell me why these things are happening in the wee hours of the morning? is it just to get it done

because they're behind? >> reporter: i don't want to take you too far down into the weeds but it's essentially the way senate rules are. there are rules in place that allow republicans to push these through. they have to wait a certain amount of time and in this case that amount of time was at 2 in the morning. they were able to cut a deal to vote on the treasury secretary, secretary of the have. >> -- of the v.a. and that's a little bit of an acceleration of the process. it kept them from having to be here over the weekend, which was a threat from mitch mcconnell. >> it wasn't meant to be clandestine and secret. >> no, it was the 30 hours of cloture expired. >> kasie hunt on capitol hill.

joining me with reaction to all of this is republican senator nic rounds of south dakota. he serves on several committees, including armed services, banking, housing, urban affairs and veterans affairs. thank you so much for being with us. let me start with the gorsuch nomination. yesterday just got kind of weird. plu president trump attacking senator blumenthal. tell me where you stand on all of this. >> i think it kind of speaks for itself with regard to the nominee. he was very clear. he just spoke his mind. now, he did it to not just one senator but to several. you heard the comments that he made and he didn't walk away from them. he was very honest. and i think that's what most of us are looking for. >> and i think 99% of the world thinks so. donald trump doesn't seem to think so. does that trouble you at all or is it just not relevant? >> look, it's just part of an ongoing conversation.

i think a lot of people appreciate the fact that they want to know what his feelings are and he pretty well bares them. that's not something we have seen in previous presidents. >> very diplomatic, senator. >> the 9th circuit's court of appeals, the third judicial setback over this particular executive order over which you and your colleagues were not consulted when it came out. jeff sessions is awol on this for some reason. i think a lot of people are counting on him to be able to stand up to the president and help come up with an immigration fix that many people in. country think we need that is effective and constitutional. do you have any feeling he's going to come to you or the attorney general on this? >> first of all, i have a lot of confidence in the new attorney general. i think jeff is absolutely straight above board. he'll tell you exactly what he thinks and he'll tell the president exactly what he thinks. it will be good for the administration to have him there. so he'll give him his honest

opinion. at the same time he understands that his role is to defend and to promote on behalf of the united states their interests. so he'll do a good job of defending in court. he'll point out exactly what the president is having to have pointed out, the fact that since 2015 we've had not just this new administration but the previous administration expressed concern about being able to vet individuals -- >> no question there. wouldn't you have expected given your experience that the attorney general would have been involved sometime between last night and this morning? the president told hallie jackson he hadn't even spoken to the attorney general about this. >> allow this attorney general to do it according to a standard, a traditional way of looking through all the stuff. give him a chance to get his feet on the ground here and i think you'll find he'll be very steady. i don't expect him to ge swore in yesterday and today i've got all the follow things done. let me touch base on the sub

stance found on the 9th district court. everyone seems to focus on the fact they've been overturned by the court a lot in the past. i think we do an injustice to the court system if if we don't talk about what they had in terms of substantial. they talked about really two things. they talked about number one, they were concerned about due process for people who had green card. i think the president can rectify that in an executive order. second of all, they talked about religious freedom and whether there could be a constitutional issue there. i think that could be rectified in a future executive order. >> easily. >> my suspicion is the attorney general will have the opportunity to step in -- >> senator, they gave 28 pages of guidance on that and a lot of that is useful if one want to consider rewriting the executive offered and that's the due process of government, which is fine. they also made a specific reference saying that the crt retains the authority to evaluate and review any challenge made to an executive

order, certainly that donald trump says they shouldn't have or don't have. >> well, i think that's going to be a matter of opinion. the court naturally are going to defend their turf, that's appropriate. the president is going to defend the standings that an executive has. that's -- the steps in and modifies the executive order, you have to remember this was a temporary ban and we're talking about safety of our countries, we should be saying are those procedures being vetted? if they are, can we expedite them? >> i think there's less disagreement -- there's less disagreement on the substance of the issue than the question i'm getting to with you that as a member of the co-equal legislative branch of government, do you have believe that your branch of government and judicial branch of

government are independent and don't have to do the bidding of the president because some people are worried that he's trying to get congress to do his bidding and he's trying to get the judiciary to do his bidding. >> i think everybody and i think you'll find there's always a little bit of a standback. we're another branch and we're going to do what we think is right. when it comes to nominations and so forth, a lot of us think they have leeway in terms of who they want. but when it comes to the up and down of individual legislative activities and maneuvering, that's in our realm and we have the responsibility to do what we think is right. >> senator, it's worth pointing out to our viewers who don't know you that you have ten siblings. so i suppose this ability to compromise may have something to do with the way you were brought up. >> yeah, i was the oldest, but i only have one sister. as can you imagine, there were

opportunities for lots of disagreements and at the same time, you got to get along. >> we count on you bringing that experience to the next four years -- the next administration. senator, good to see you. thank you so much. senator mike rounds, u.s. senator for south dakota. coming up, trump counselor kellyanne conway is facing bipartisan outrage after promoting ivanka trump's clothing brand in a live interview. >> i'm going to give a free commercial here, go buy it today, everybody. >> they need to investigate what happened with kellyanne conway, it was wrong, there should be some accountability there. >> now republican jason chaffetz of utah said what s did is wrong. plus, french officials say they thwarted a likely terrorist attack in paris. what investigators have discovered. it's one of the stories we're updating around the news nation. no corn, wheat or soy. support your active dog's whole body health

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. top presidential adviser kellyanne conway responding again to the controversy over whether she violated ethics laws by telling people to go and buy ivanka trump products while on live television. in a tweet she wrote potus supports me and millions of americans support him and his agenda. lawmakers were not happy when conway said during an interview go buy ivanka's stuff. the house oversight committee

sent a bipartisan letter asking the office of government ethics to investigate. here's what white house press secretary sean spicer had to say yesterday about conway's comments. >> kellyanne has been counselled and that's all we're going to go with. these been counselled on that subject. and that's it. >> a source familiar with the discussions tells nbc news that the president said that made it sound like conway was, quote, a child or reprimanded or in need of counseling when all she was doing was defending ivanka trump. joining me is noel bookbinder, noah, thanks for being here. first of all, the office with which you have filed a complaint, i think they saw their web site crash because of the number of people checking it out. they've said they don't have any enforcement ability. they set policy.

>> right. we asked them, we also asked the white house counsel to look into this and for the appropriate person to take action. this is a crystal clear violation of the law where government officials are not allowed to use their office to push a private interest, which is exactly what she was doing here. and there have to be steps taken to make sure this doesn't happen because it seems to be part of a pattern in this administration that's already emerging of using the white house to benefit trump family businesses, to benefit businesses of supporters of his and steps need to be taken to stop that. >> some people have been saying since this happened everybody should chill out, this was not a big deal, you got too much time on your hands if you're worrying about this. the ivanka trump sales didn't spike as a result. more people buy stuff because people in politics wear the clothes as opposed to these

quiet endorsements as opposed to public endorsements. where do you stand on all that? >> if this was a totally isolated incident, you'd still want to take action because you have to make sure that this doesn't become a pattern. but the fact is we already see a pattern. we've seen the president using twitter to go after nordstrom because they dropped ivanka trump's line. you saw him promoting l.l. bean because a member of that family gave generously to support his candidacy. it seems like there is this pattern developing of using the white house to back businesses that are either trump businesses or his supporters' businesses. and that's part of the stillwater pattern of donald trump retains ownership in his companies and may well have incentive to make policy decisions based on what's in his business interests rather than

what's in the interest of the american people. that's why when there are things like this that look on their face like they might be minor, it's important to push back. we don't want a situation where the white house becomes essentially a part of the trump family business. >> noah, good to talk to you. thank you for being with us noah bookbinder, director the responsible citizens for ethics. >> and coming up, the kidnap and torture of a man with a mental health disability was streamed on facebook this morning. we'll have the details. on the outside you have to feel healthy at your core. trubiotics a probiotic from one a day. naturally helps support both your digestive and immune health. feel a difference in two weeks or your money back. take the trubiotics 2 week challenge. it's about moving forward not back. it's looking up not down. it's feeling up thinking up living up. it's being in motion...

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a suspected terror attack thwarted tops our look at stories around the news nation

this morning. french officials say they've arrested three men and a 16-year-old girl on suspicion of planning an imminent attack. police raided a home in southern france this morning. they say they found a bomb-making factory. right now officials don't know when or where the alleged act would have taken place. in chicago four people charged in the kidnapping and torture of a man with mental health disabilities that was streamed on facebook were reportedly ordered moments ago by a chicago judge to be held without bail. on the video, the suspes who are black, are seen beating the white victim and can be heard taunting him and shouting profanities. coming up, new revelations on an historic case that help spark the civil rights movements, the family wants a new investigation

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relatives of emmett till are calling for a new investigation into the 1955 murder of the chicago teen that is seen as the ka catalyst for what became the modern civil rights movement. after till's death his mother, mamie till bradley held an open casket funeral to show the world

what happened to her son. magazines and newspapers around the world published the graphic photos, his distorted face. they became a catalyst for the civil rights movement with rosa parks giving up her seat on a bus just -- not giving up her seat on the bus 100 days after till was killed. this woman claim that till grabbed her, whistled and made verbal advances. bryant allegedly told the author in 2007 that's not what happened. joining me is president of the emmett till legacy foundation. in this new book "the blood of emmett till," the author received letters in what she said were letters to her attorney in which she charged only that till had insulted her, not grabbed her and certainly not attempted to rape her.

the documents prove there was a time when she seemed not to have known what happened and a time soon afterward when she became the mouth piece of a monstrous lie. what was it like reading this? >> i have to admit, this lie has been something that our family has known all along for close to 62 years. and it was definitely a revelation for us that she did admit this some ten years ago. and so we're happy that carolyn is talking, we're happy that she is admitting the truth finally. it's a relief for our family because it's something that we've known all along. and so we are just curious about anything that carolyn has to say. we do want the truth and we want her to continue to have open lines of communications in whatever way possible that we can seek the truth we'd like to have that. >> but in the end, regardless of the allegations, what happened

to emmett till was not appropriate no matter what the allegation was. >> yes. >> so what does it do? does it change anything for you if you've known this anyway? >> well, it changes the records. it changes what historians have said. it clarifies some of the suspicions that people have said about emmett potentially causing his own death. that's simply not true. so hopefully we'll have an opportunity and those that have captured the story will correct it after the full truth has been revealed. so as the truth is being revealed today, we're hoping that the movies that are coming forth, any other documentation that's being written is corrected and that the record is set straight about what actually happened. >> it's worth noting that no one was convicted yet the two men accused did subsequent admit to killing emmett till.

emmett would be about 76 years old now, which means he would be vibrant, he'd probably still be involved in the civil rights movement. where do you think the movement would have been today without your cousin's death? >> well, the death itself of course was terrible. it was something that i think is -- represents the discrimination, the racial injustice in our country even today. but i'll tell you, the decision by his mother to have an open casket funeral is what changed everything. when she made that decision to put emmett's body on display where thousands were able to see it and where the media was able to capture it and it spread all across the world, that i think was the moment that sparked the civil rights movement and that caused the heart and minds of all americans to think about what does our country stand for and who are we as a people that

would allow in mississippi and anywhere else the killing and the murder, the horrific murder and brutal murder of emmett till at age 14 for whistling at carolyn, at which my cousins simeon wright and wheeler parker have confirmed that he did. but none of the other things that carolyn mentioned that he did are true. so mamie's unselfish decision is what i think made us all open our eyes and made us pay attention, and it opens the consciousness, i think, of america. >> deborah, we hope up get what you're looking for. deborah watts is the president of the emmett till foundation. >> this morning, reports that michael flynn did discussion

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ahyou the law? we've had some complaints of... is that a fire? there's your payoff, deputy. git! velveeta shells & cheese. there's gold in them thar shells. >> breaking news for you. vice president pence swore in tom price, the new health and services secretary moments ago. let's listen in. >> good morning. on behalf of president donald

trump, it will be my great privilege to administer the oath of office to america's new secretary of health and human services, dr. tom price. we're grateful to be joined by colleagues and friends to mark this important occasion in the life of our administration and no less extent in the life of this nation. the american people can be proud of having the finest health care in the world, but we all have known the challenges in recent years since the passage of the affordable care act. president trump has made it top priority of th new congress to repeal and replace the affordable care act with health care reform that will lower the cost of health insurance without growing the size of government. and finding someone to lead

health and human services, who brings a background in medicine, a background in health care, a background in budgetary issues in the congress of the united states, who understands the unique challenges of state officials in programs like medicaid was easily met when he made the decision to name dr. tom price as the new secretary of health and human services. dr. price is uniquely qualified to step into this leading role during this time of reform in the life of health care in america. for nearly 20 years tom price worked in private practice as an orthopedic surgeon in the atlanta area, mending broken bones, giving people the hope and health to lead lives to the fullest. you passed on your wisdom by training rising generations of physicians at a local college and hospital. an impressive career in health care.

but your patients weren't the only ones that benefited. by your leadership and by your example, you would carry your leadership qualities into the georgia state senate where you served for eight years, becoming the majority leader of the georgia state senate and helping to steer a time of real reform and renewal in the state of georgia. then it was on to congress where i first met dr. price. he would serve in the congress now for more than 12 years. chairman of the budget committee but without question emerging as the most principled colleague off health care. now president trump has transformed you with leading the department of health and human services on behalf of the american people and we're both confidence you will bring that

experience as a physician,s the experience at state level and singular experience at the national level to ensure that president trump's vision of health care that works for every american will become a reality in the years ahead. with that, on behalf of trump, it is my great privilege to administer to you the oath office. please raise your right hand on place it on the bible. >> i thomas price do solemnly swear. >> i thomas price do solemnly swear. >> that i will support and defend the constitution of the united states. >> that i will support and defend the constitution of the united states. >> against all enemies foreign and domestic. >> against all enemies foreign and domestic. >> that i take this obligation freely. >> that i take this obligation freely. >> without any mental reservation. >> without any mental

reservation. >> or purpose of evasion. >> or purpose of evasion. >> that i will well and faithly discharge the duties of. >> of the office upon which i'm about to about to enter b. >> so help me god. >> so help me god. >> congratulations. >> thank you. [ applause ] >> we're going to sign some official documents, would you join me in welcoming betty price. [ applause ]

[ applause ] >> thanks. >> thank you. >> thanks for being here. >> thank you. >> thank you, press. thank you, press. >> thank you so much.

>> all right, joining me now nbc news senior political editor mark murray and nbc news intelligence and national security reporter ken delaney. good morning to you guys. i haven't seen you yet but you are here, right? say aye if you're around. >> aye. >> here. >> look at me and you go is talk, it will be fun. ken, it's been a rough week for the trump white house especially now this new information that you obtained for nbc regarding the national security adviser mike flynn and whether or not what his conversations with a russian diplomat were. tell us what you learned. >> that's right, ali. senior u.s. official has confirmed to nbc news that mike flynn, the national security

adviser spoke to the russian ambassador to the united states about the sanctions that the obama administration put on russia regarding that election hacking and interference before the trump administration took office and this is in contradiction to statements by the white house and by vice president pence and others about the content of those conversations. so it's a complicated story but the bottom line is people are now accusing the national security adviser of lying today, and it also raises questions about what promises were made to the russians about these sanctions, and after all, this is a hacking operation that the intelligence community says was designed to hurt hillary clinton and help donald trump. so those questions raised there. >> mark, we saw the swearing 1/2 tom price as health and human services secretary, done in the dead of night, although kasie hunt says it was because they were running out of their 30 hours of time to nominate him so they had to get it done, that does as much as most people don't care about the secretary of health and human services it signals toward a move toward the end of obamacare.

>> the clock is ticking and the trump administration said they really want to get down to busy on a new replacement plan, until tom price became hhs secretary. now he is in that position and they are on the hook for the most ambitious undertaking of this administration and of this new republican congress, and it's going to be a very, very tough thing. the repeal part might be the easiest but how you end up replacing it, which is going to be tom price's charge right now, is something that's caught in multiple plans. tom price had his own plan when he was a member of congress, but all of a sudden republicans are embarking on maybe the toughest tasks that they end up having of this administration at least in the first year. >> ken, i want to go back to you, as the executive considers maybe tweaking their executive order on immigration or appealing one of the other cases, this is going to come down to the white house being able to prove that there is a real danger to the country and

to the federal government and that that falls into the purview of the president, the commander in chief, to make a decision about as opposed to the courts. what's your take on that? >> well, you know, the courts seem to have given some, seem to have overturned the obama administration's argument making that same argument that the president had purview over this in the last administration. so it seems like trump's got an uphill battle on that legal question. >> no kidding. guys, thanks very much for joining us. we'll take a quick break and be right back. erican express open n help you take on a new job, or fill a big order or expand your office and take on whatever comes next. find out how american express cards and services can help prepare you for growth at open.com.

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live pictures from the white house, the old executive office building in the background and the reason for all this pomp and circumstance we are awaiting the arrival of shinzo abe, the japanese prime minister who will be received and hold discussions with president trump at the white house. we will be watching that closely. thank you so much for watching this hour of "msnbc live." you can find me on twitter, facebook and instagram @a instagrainstagram @alive instagram @alivelshi. right now on msnbc, "andrea mitchell reports." the trump travel ban could be headed for a supreme court showdown or rewrite after the appeals court refused to reinstate the controversial executive order. minutes after the president was ready to fight talking to kelly o'donnell and hallie jackson.

>> 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. >> president trump's national security adviser did talk to the ambassador about the sanctions before the inaugural despite repeated denials. japan's prime minister is about to meet the president. plus feeling the heat a key republican facing an angry hometown crowd. is this a sign of something to come. >> so president trump nominated -- [ booing ] all right, a good sense of where we're going. i do believe in my heart of hearts that given the choice that was before us, by far donald trump was the better choice, by far. [ booing ] >> good day