katy tur picks things up. >> i'm not sure that donald trump can speak fluent japanese. we have a team of reporters working on finding that out. we also have a team of reporters to break down donald trump's second bilateral meeting. that press conference that we justaw between donald trump and the prime minister of japan, shinzo abe. it has been a gruelling week for the new president. his major policy and major policy point, executive order struck down at least temporarily by the courts. that press conference we just saw touched on that. let's get our viewers up to speed with the highlights and then we'll talk all about it on the other side. >> i'm curious about yesterday's ruling in the ninth circuit court. has it caused you to rethink your use of executive power and pow will you respond and will you sign new executive orders and perhaps a new travel ban? >> we are going to do whatever is necessary to keep our country

safe. we had a decision which we think will be very successful with. it shouldn't have taken this much time because safety is primary reason, one of the reasons i'm standing here today. >> you said earlier this week and i'm quoting for you, you said i learned a lot in the last two weeks and terrorism is a far greater threat than the people of our country understand. but we're going to take care of it. based off of what you have learned and now knowing that your executive order is at least temporarily on hold, do you still feel as confident now as you have been at any point that you and the administration will be able to protect the homeland. >> we will have tremendous security for the people of the united states. we will be extreme vetting, which is a term that i developed early in my campaign. there are tremendous threats to our country. we will not allow that to happen. i can tell you that right now. >> as i said, we have a team of

people to break this all down. let's go over to peter alexander in the white house and was in that news conference. peter, correct me if i'm wrong, we did hear donald trump say there is going to be some sort of new security measure in place by next week. do we have any idea whatsoever what he could be talking about? >> we don't know exactly what that is. i think his word was that it will be put into place "rapidly." here's what we do know. we do know following the ninth circuit court of appeals decision, this ruling basically keeping the stay in place right now on his executive immigration order that senior officials at the white house tell me before and after that ruling they have been having conversations about their path forward that include continuing to pursue this case further. they tell me they believe they will be proven correct on the merits of the order itself but separately they say that they are working on potentially signing another immigration executive order going forward in their words so it can be put into place "very soon."

that's one thing we'll watch right now. president trump today given this is a topic many americans have been focused on and given some of his past comments even last week on twitter he said basically if the court ruled against this that americans could "never have the security that they deserve." he said he felt confident that americans would have the security they deserve and he basically said he had no doubt that he would prevail in federal court. >> let's go over to pete williams, our nbc justice correspondent, who is in washington. pete, what is the next step for president trump and if he does go over and amend this executive order as peter just mentioned, is there a way to do so to get around the courts? >> there are a number of options. one is to go to the supreme court. there doesn't seem to be any rush to do that. i'm not even sure that's going to happen today if they decide to do that at all. a second possibility would goo the full ninth circuit court of appeals. doesn't seem to be much point in that. if they do pursue this in court as the president said, it would seem the logical thing would be

the supreme court. they haven't, as i understand it, made a decision to do that yet. the other problem here is no matter -- even if they were able to persuade the u.s. supreme court to lift the stay and let the government enforce this order, there's another stay likely coming from the federal court here in alexandria, virginia, which heard argument on a preliminary injunction and lawsuit brought by virginia which makes virtually the same claims that the two states did that prevailed in the ninth circuit yesterday. one possible way to improve its legal standing would be to narrow the executive order. ninth circuit court of appeals in its ruling last night seem to point the way of this saying one of the reasons the states have a good case is that the executive order effects green card holders no matter what the white house said. that's what the executive orders said and people who have visas are visiting here faculty, students, people who want to travel for high-tech companies, fa families divided and said the

executive order appeals to people overseas who want to come here from those seven countries for the first time, perhaps the executive order would have an easier time in court. >> i was reading the decision yesterday by the court and on page 27 or so there was -- the judges talked about the white house's defense. said they didn't have a defense and they didn't think they needed to have a defense. they didn't have evidence, excuse me, and they didn't think they needed it. they said we disagree. the white house was basically arguing that donald trump as president, commander in chief, has the authority, no matter what, to institute policies he believes are in the national security interest. is that what the decision was holding up or did the decision strike that down definitively? >> the decision rejected the claim that this wasn't reviewable. that it shouldn't be reviewed by a court and rooted that judgment

in some very big cases, including the case in 2008 where george w. bush said, look, i can hold a bosnian foreign resident at guantanamo, and they don't get to come into u.s. courts. that was a very compelling argument. talk about law and politics. politically the notion that someone who is not an american who is in gitmo because they might have been a terrorist doesn't get to come use our courts and our benefits. it was politically appealing. the supreme court rejected that said even with national security, there's access to the court. that reviewable thing is something that has not obviously been accepted by the ninth circuit or even other courts. for example, they did get a positive ruling that's been talked about less by district court in boston but that also did review and take the case. it didn't dismiss it for lack of standing and didn't basically say this is such a differential item of national security we're not going to touch it at all. they lost that round but there's a lot of other strong arguments

on their side when they get to the merits. >> i want to talk about something else that i saw not necessarily on the travel ban, but on donald trump's national security adviser, michael flynn, who came in, sat down in the front row of that news conference. this is coming amid some serious allegations that he's facing. he flat out denied that he spoke to the russian ambassador to the united states about sanctions before donald trump was inaugurated. he denied it. sean spicer denied it. reince priebus denied it. vp mike pence denied it. you see mike pence shaking hands with mike flynn a moment ago. is this a big deal? >> it's a very big deal because we may have a case where as andrea mitchell said just recently, we saw russian behavior do something unusual. after we expelled russian diplomats, we shutdown two big russian facilities that were weekend homes but operations but

president obama said intelligence activities were going on there. russians didn't escalate. in the midst of that, we know that mike flynn made a series of phone calls and had exchanges and i suspect somewhere we have the transcripts of those calls because the russian ambassador is someone who would fall under the national security agency's watch list. i think that will be interesting to find out whether the signals intelligence on that activity produces transcripts that eventually see the light of day. and the big thing was we don't know whether mike pence lied to the american people or mike flynn lied to vice president pence. that's the key thing. the legal part of this is that people keep saying the logan act was never enforced. the logan act basically is a provision that says that if you are a u.s. citizen, you cannot go negotiate private deals with foreign governments particularly ones with whom we have an antagonistic relationship. this looks like a textbook violation of the logan act.

>> politically though, how bad is this for this administration to have sean spicer, white house spokesman, vp mike pence and reince priebus chief of staff come out and say he never said it. he never discussed sanctions. are they going to pay a price in congress? are they going to pay a price in terms of trust with the american people? >> it's horrible for them obviously. the question of the price they're going to pay is different. first of all, trump voters are pro-russia as we've seen. they aren't alarmed by this in the way you would normally expect. i think, if in fact, the problem goes back to flynn and not pence or staff, i can imagine them tossing them under the bus over this. the question of the transcripts which "the new york times" reported do exist will put to the test his words. was it a lie or not? we'll know pretty quickly. the spies are always listening. >> we always have former governor of new mexico, bill

richardson. you spent quite a bit of time in the white house, not this particular white house. i know it's hard to talk about what goes on behind the scenes in this one. tell me in your experience if a high level adviser or the nsa frankly said something that was incorrect and maybe told the vp something that was incorrect and convinced sean spicer, the press secretary, if he did that, what sort of consequences normally would there be in place if it was found out that that was not true? >> well, there would be very severe consequences. i would think that the national security adviser would have to resign. i think what we're seeing here is a foreign policy, national security policy, in total disarray. the travel ban, damage control, of course there will be a plan b. this relationship with japan, damage control, it's a good summit. it's a very important u.s./japan

relatiship that needs to be repaired and it's on its way. but lurking on all of this is this mistake that the president made in taking the phone call from the taiwanese and putting aside the one china policy, which has been the cornerstone of american foreign policy and now the chinese are wondering with abe is japan now the center of u.s. policy in asia? you know, there's a foreign policy national security decision making with the national security adviser now with a son-in-law. is he in charge of foreign policy. what about the secretary of state? the national security adviser. general flynn. what's his role? it shows that you can't make foreign policy by tweeting, by executive order, without sound preparation. what about the secretary of state? rex tillerson. he seems to be a capable person. is he involved in any of this? i'm concerned.

>> governor, to that news conference we just saw, did that help ease relations around the world? he was on scripts for this unlike the angela merkel news conference, what did that effectively do? >> well, it was good for u.s./japan relationships which are very important. japan was concerned about some of the campaign comments about trade, about security, japan not pulling its weight, about some of the getting rid of the transpacific partnership, which was key for japan. 11 countries. the centerpiece was japan keeping china out of the mix on trade. so this was important. and it seemed the press conference went well. but i think step two is what are we going to do with china. now china now feels that they won a battle with donald trump by him renouncing the one china

policy and by embracing the one china policy and saying, no, what i did with taiwan was not the right thing. you know, the chinese are very good negotiators too. what i worry about is this great negotiator, donald trump, the art of the deal, seems to give up concessions without getting anything in return. that's my worry right now. foreign policy has to be brought into tight decision making, and the anchor has to be the national security adviser. this is always been the case. >> peter alexander, back in the white house, something struck me in that news conference that's what donald trump said right off the top that he was thankful to japan for hosting american troops. he wanted that to continue. i was surprised by it. on the campaign trail he criticized japan for that saying they only paid 50% for the cost of the troops and that they should pay 100% basically he felt that our troops, american troops, were there to defend the

country of japan. he reversed that in this news conference. tell me, do you have any idea why we saw such a 180? >> that was striking to me as well. the way some of us at least in the room sort of read it as if donald trump earlier this week was at central command in tampa said to troops that gathered, i know you guys, majority of you guys, pretty much all of you guys, voted for me. it felt like he was trying to pay tribute to the american troops serving this country all across the world right now. that's the way that some people sort of read that. we don't have any specific readout from the white house of what he was referring to in terms of a policy given the comments made during the course of a command. other things that struck us here at the white house were the little differences in this president versus past presidents in terms of protocol. president trump today was there at the front of the west wing to greet shinzo abe when he arrived. in the past when foreign leaders

and dignitaries arrived, president obama wouldn't be at the door. it would be protocol in that white house that another individual would bring that foreign leader inside where they would meet the president in the oval office. similarly today during the news conference, president trump for the first ten minutes of shinzo abe's comments was not wearing the translation headset. he wasn't wearing it. we reached out to the white house for more detail about that. he did appear to be engaged in the conversation. it's not entirely clear how much of it he understood. >> tt was a big question that everybody had. exactly. pete williams, final word to you. let's talk more about the ban. just tell us what is next? >> well, as i said before, the next option is going to the supreme court. i don't know that they're going to do that. they don't seem to want to do it very quickly or possibly revising it. >> pete williams, thank you very much. our entire team, ton of people here to break this down for me.

thank you all. next up, more on trump's national security adviser michael flynn, who is in the hot seat right now. did he actually break the law? the logan act you just heard steve mention. we'll talk to ambassador to russia michael mcfall. he joins me next. knowing where you stand. it's never been easier. except when it comes to your retirement plan. but at fidelity, we're making retirement planning clearer. and it all starts with getting your fidelity retirement score. in 60 seconds, you'll know where you stand. and together, we'll help you make decisions for your plan... to keep you on track. ♪ time to think of your future it's your retirement. know where you stand.

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welcome back. we just talked about it at the top of the show. let's dig in more. donald trump's national security

adviser michael flynn had said previously that he did not discuss sanctions during numerous calls that he had with the russian ambassador to the u.s. "the washington post" first reported that was not true last night in a deeply sourced piece. nbc news confirmed that michael flynn did indeed talk about sanctions with the russian ambassador. this is a big deal because it was before donald trump was inaugurated, which means that it was before he was part of an official delegation. that would be talking to a foreign diplomat about things like sanctions. so we want to dive into it. before we do that, i want to get to hans nichols, our pentagon correspondent, who just had a chance to sit down with the german defense minister. he has sound from that. you talked about nato specifically whether general mattis is able to assure nato allies that the united states is

going to remain just that, an ally. >> the backdrop of all of these flynn questions is the idea of how committed is the u.s. to nato and how united is the response? the defense minister just met with secretary mattis. she said she was assured that the united states is committed to nato and mattis gave those assurances that he was very convincing. keep in mind that there are nato exercises taking place in poland and baltics. russia complained about it. i asked whether russia could view this as a threat. here was her response. >> it has been informed it is appropriate the amount of soldiers there to reassure our baltic friends, and russia knows that it is a reaction for the russian annexation of crimea and the hybrid war in eastern ukraine. >> just to bring this back to the flynn question. this question on whether or not

there could be easing of sanctions by the trump administration, which she very clearly said there's no give from the u.s. side or the european side on sanctions on russia that has to do with their presence in eastern ukraine. it's really what we're getting at here. is there going to be back door deal? any attempt by the trump administration to loosen sanctions? at least from the german perspective, just met with senior u.s. officials, she says no. katy? >> hans nichols in our washington bureau. let's go to fmer ambassador to russia, michael mcfall. if we're going to talk to anybody about russian relations, i'm going to want to talk to you. tell me -- >> glad to be here. >> number one, did michael flynn break the law here? tell me whether or not it's a big deal for us to have somebody who has not officially been part of a white house and is not in the white house and not working within the white house, talk to

a foreign diplomat. >> let's parse it in different layers. generally speaking in my view americans should have the right and should not be illegal to talk to foreign diplomats. that's the ambassador's job here in the united states of america. i just hosted him at stanford a couple months ago. that was my job when i was a u.s. ambassador to talk to government and civil society people. so generally speaking, we shouldn't start to make that a problem. that's my first point. second, obviously u.s. officials and u.s. nongovernment officials and oil company executives and former secretaries of state when they meet with russian officials probably are expressing different opinions about obama administration policy when i was in the government. they didn't agree with everything we did. sometimes they said that publicly. i have no doubt that they expressed that privately. that should be okay as well. you should have a right to have a different opinion from your

government. what you shouldn't do is undermine u.s. policy in a direct way. especially when you're a member of the transition team. we have a norm that says one president at a time, and i don't know the law. i don't want to speculate about the logan act, but the norm that we should have one president at a time and not undermine a sitting president should be respected and that's what troubles me about the reporting in "the washington post" today. >> that's what could have happened. michael flynn talked to the russian ambassador. i know president obama put sanctions on you and expelled a number of russians from this country in retaliation for mettme meddling into this election but don't worrybout it and be cool because when we get to the white house, things will change. >> i don't have any independent

confirmation that's what he said. the story is impressive in its reporting, a. b, another thing we should note, president putin did not react and did not respond as he usually does. that was most certainly my experience when i was in the government, was striking to me. i said that when he decided we won't expel those diplomats. that's not how they responded, for instance, back in 2000 when the bush administration expelled a bunch of diplomats in the beginning of their administration. the russians responded in kind here he had a different response. that's intriguing and different. >> former u.s. ambassador to russia michael mcfaul, thank you. and up next we discuss trump's stunning defeat in court over his travel ban and what happens next. fun in art class.

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last night, the ninth circuit court of appeals decided to uphold its decision to block donald trump's travel ban saying the government is it not provide sufficient evidence to say it was needed for national security reasons. what is the white house doing? it's rethinking that travel ban and redrafting it, if you will. we want to get reaction from capitol hill. so to do that, we're going to go to democratic massachusetts senator ed mawho sits on the fo relations committee. first, breaking news out of your office, you are now calling for an investigation into national security adviser michael flynn? >> yes, i am.

these are very disturbing allegations that michael flynn was in fact talking to the russian ambassador at a time when president obama was announcing an imposition of sanctions. if mr. flynn was doing that and denied it to vice president-elect pence and denied it to the american people, then those raise very serious questions about whether or not he was acting improperly potentially illegally in dealing with a foreign government at a time in which the sitting president was trying to send a very strong message to vladimir putin and the russians that what they did in our election goes right to the core of our democratic id identity as a nation. >> what do your colleagues have

as far as responsibility? are you hearing rumblings from them about this matter? >> at this moment, not yet. it's still new. on the fundamental question of the russians interfering with our elections, there is a uniform concern by members of congress that that is something that just cannot be brushed aside. we have to get right to the core of this issue. anything that flynn did to give assurances to putin through the russian ambassador that there would be relief given from the obama sanctions immediately after the trump administration was sworn in would go right to the core of whether or not mr. flynn is in fact qualified to be an adviser to a president of the united states on the most serious national security issues, which our nation is confronted it. >> senator, on the travel ban,

the white house is looking at redrafting it according to nbc news reporting. what would it need to look like to get your approval? >> it would have to be constitutional. we operate in america under a rule of law, not a rule of men, not a rule of trump. these executive orders have to comply with constitutional protections. the fifth amendment due process protections. the 14th amendment due process protections. these are not things that just can be casually dismissed by any president. that's why these constraints are placed upon the books so that we have a system of checks and balances. they should just tear up this existing executive order. it is not going to ultimately be something that they can't implement. they should go back to the drawing table. make sure that it's not just a ban on muslims that goes right

to the core of whether or not we are going to allow for the establishment of religious tests within our nation and try to craft something that is consistent with our national security interests but simultaneously reflects our highest constitutional goals to give equal protection and due process to people who come under the laws of our nation. >> senator, thank you so much for joining me on this busy friday. guys out there, did you see this? angry constituents grilling congressman jason chaffetz demanding he investigate president trump's conflicts of interest and that is not all. voters are upset about everything right now. the travel ban. the future of obamacare. so given that, can democrats seize on the backlash? congressman joe crawly of new york joins me next. evere plaque psoriasis.

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it's just been three weeks since donald trump took the presidency and now some republican lawmakers are getting an earful from their constituents. at a town hall in utah last night, congressman jason chaffetz faced angry voters. they got so loud that he couldn't even talk. >> president trump nominated --

>> that is not new york city. that's utah. that state voted to trump. all week long we've seen loud town halls everywhere with voters demanding everything on answers from the travel ban to how lawmakers plan to repeal and replace the affordable care act. >> i thought we were going to have an adult discussion. >> we want to bring in joe crawly of new york and brendan steinhouser from the tea party

movement and founding partner at the political consultantirm steinhouser strategy. do you think that's what's going to happen when you get in front of a town hall? are you worried? >> it's reminiscent of what we experienced in '09 during the debate of the affordable care act and ultimately what became obamacare. tactics similar to the tea party and what other folks did back then. it's interesting to see my colleagues on the other side of the aisle going through that now. in many respects it's fair play. >> the tables are turned. voters are angry. they were angry back in 2016. they did not vote for the democrats. the republicans won in large numbers. what makes you think the democrats will be able to channel that to their advantage in 2018? >> i would correct one thing on that. yes, hillary clinton didn't win -- >> democrats didn't win the house or senate. >> we picked up six seats in the

house. i agree this was not a stellar year for us by any means but there were positive signs. i do think that much of what we're going to deal with is really the bombastic nature of this presidency and trump regime and olding our republican sideth aisle accountable. they are squeamish about this. >> beyond holding donald trump accountable, what sort of solutions are the democratic party proposing to get voters to their side? >> one thing that's hurting americans right now is college affordability. their ability to actually afford and to send the children to college. and really do that in a debt free way. democrats have plans. we have a plan to actually provide for debt free college for people who are struggling to

really advance the way in this country. we're here to protect the affordable care act and expand those opportunities to make sure that anyone who wants insurance can have insurance. we want to have a portable life-long pension for people who have worked their whole lives that really need to retire in the middle class. that's what democratic party has stood for and has stood for and will stand for. that's why we're going to win the election in 2018. >> congressman joe crowly, democrat of new york. thank you for joining us. let's talk to brendan steinhouser. you know how the tea party movement works. you were there back in 2009. you saw how that enabled a wave of republicans to win in congress and ultimately for donald trump to win the white house. how do the democrats use that sort of same anger, that same

grassroots frustration to their advantage? >> it's going to be tough. they do have a bad map in 2018 and a lot of senators who are going to be competing in 2018, democrats, who are in trump states. so they've got a really tough road ahead. i think they really have to pick and choose what issues they focus on and go back to the pocketbook issues and democrats are going to have to rethink their message a little bit on things like taxes and spending and regulations on small businesses. those types of issues will be front and center in 2018 and they have to appeal to small business owners and moms and pops of the world and middle class americans who had been squeezed and a big challenge ahead in 2018. >> donald trump has only been president for three weeks. it feels like it's been so much longer. we're seeing angry town halls and protests around the country. is that sort of grassroots anger, that sort of grassroots energy sustainable for long

enough for the democrats to use it to their advantage in 2018 even though the map is not necessarily in their favor? >> sure. it can be. they've got a lot of work to do. they need to provide training and support to their activists. they need to get some wins. if they continue to ask activists to go out there and call senators and congressmen and keep losing vote after vote and losing on nomination fights, people may get burned out and say i won't pay as close of attention. they have to come up with some wins whether on the local level or at the state level to convince activists that they can win because otherwise you can see people get demoralized and leave the process. we did that well in the tea party movement was providing those small wins and motivation and continuing to train people and teach them how to be effective as activists and also in elections. >> personal note, you have a very cute baby. i saw your wife posted on instagram of her watching the television the other day when you were on.

congratulations. >> thank you. i appreciate it. >> let's check today's microsoft pulse question. we have been asking should congressional committee investigate kellyanne conway's comments about ivanka trump's clothing like. 85% of you say yes. 15% say no. you have time to vote, go to pulse.msnbc.com to let your voice be heard. next up, the ucla view of trump's travel ban. where the fight goes from here. nosy neighbor with a keen sense of smell...

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21 daysown for the trump administration and all of this happened just in the last week. really mostly yesterday. trump lost his travel ban appeal. we learned michael flynn may have lied about russia. kellyanne conway may have broken the law and now we're ending the week the same which it started. a political power fight over immigration. donald trump's third week in office began with a punch in the gut. a judge in seattle blocked his travel ban only a week after the executive order was signed. >> judge robart's decision effectively immediately, effective now, puts a halt to president trump's unconstitutional and unlawful executive order. >> the president, a self-proclaimed counterpuncher, hit back in a flurry of tweets calling the judgment of the

so-called judge ridiculous and telling americans to blame the courts, not the commander in chief, if something bad happens. from there, things got worse. sunday the west wing requested the ban be restored. it was denied. his trademark executive order was losing and so was his team. patriots down, trump left his super bowl party early but while the pats came back to win in overtime, the president's fight wasn't over. a third straight week of unrest. >> everything that he's done over the past ten days is amazing. we're very excited about every single executive order. >> but the ban wasn't it. trump also faced bipartisan backlash for saying this to bill o'reilly. >> do you respect putin? putin is a killer. >> we got a lot of killers. do you think our country is so innocent. >> that was just sunday. trump needing a win, got three

by the end of the week. devos, price and sessions. >> i, jeff sessions, to solemnly swear -- >> tensions so high during sessions confirmation that senator warren was silenced for reading the words of coretta scott king. >> is there an objection? >> i appeal the ruling. >> objection is heard. the senator will take her seat. >> and that was about as good as the news got for the white house. the temporary fate of the executive order was still looming. >> are you arguing that the president's decision in that regard is unreviewable? >> yes. >> opening questions of where the case could wind up. >> supreme court you think? >> we'll see. >> for trump, what the court's intent was. >> i don't want to call a court bias. we haven't had a decision yet. but courts seem to be so

political. >> backed in a corner and looking for a distraction, the president lashed out at his favorite enemy. >> it's gotten to a point where it's not even being reported and in many cases, the very, very dishonest press doesn't want to report it. >> once again, raising the issue of conflict of interest. kellyanne conway in trouble with the house oversight committee. >> go by ivanka's stuff is what i will tell you. i hate shopping. i'm going to get some myself today. >> sean spicer not doing himself any favors in the press conference. >> this is silly. next. thank you. you've asked your question. thank you. >> potentially giving melissa mccarthy some new material. okay. we're going to have to wait and see whether or not melissa mccarthy shows up tomorrow on "snl." we don't have to wait for more talk on this travel ban. that's going to continue to be a fight no doubt about it. joining me now, lee, you have a

lot of experience in this. you've been doing it for years and fighting the government for decades now. specifically on immigration issues. do you think that there's a way they can redraft the order that would make it constitutional and acceptable? >> right. i do not think that any ban they would put in place would be acceptable or legal. if they talk about something radically different, just different vetting procedures, that's one thing. if they're talking about a complete ban, especially one that's focused on muslim countries, no, i don't think any redrafting can be done. >> if they do redraft it and it's exempting green card holders, providing due process provisions and really refining and defining what it means when it comes to religion, is that something that you could potentially find more palatable if they talk about the national interest? >> right. there's no question the president should be protecting national security. what we object to is the

overbroad nature of this and just sweeping everyone in. some of our clients worked for the u.s. military but they were swept in. the other myth out there is that if you exempt green card holders, everything is fine. it's not just green card holders because the religious discrimination affects everyone. could they add due process and take out religious discrimination, we talk about a different thing we would have to look at. i don't think the redrafting is going to remove the taint of religious discrimination that's gone on. >> there's a good chance that this is going to go to the supreme court potentially. donald trump said that he would welcome that if it needed to happen. are you prepared -- is the other side prepared to argue this in front of four on four panel. obviously they don't have their ninth judge in place at the moment. >> you know, we're definitely prepared. i think you see everyone geared up. it's not just the lawyer but the community groups and everyone. we'll do whatever we need to do. i don't know that they're going to take to the supreme court

right now especially in this early posture. if they do, we're going to be prepared. one of the amazing things is that when i walked out of court after arguing that first muslim ban case the saturday night, there were a thousand people out there. that's an unbelievable confluence of community groups, leaders and lawyers. we're in a real civil rights moment not just lawyers going into court making technical arguments and not just protests but everyone combining. we'll definitely be ready if they do it. >> what do civil rights extend to? if you're an immigrant trying to get into this country not yet here but you're working at it, do our american civil rights, our american beliefs and ideals extend to you trying to get in or just once you get to this soil? >> if you're outside the country, do you have a legal right to come in automatically? no, of course not. no one is arguing that. but can the u.s. government select who they're going to bring in by race, religion, no.

that's what we object to. if congress is going to limit the number of immigrants we're going to bring in in a given year putting aside refugees which is a separate thing, that's fine. but if it starts selecting people on the basis of region, that's where aclu objects. >> thank you. next hour, the man who possibly has the answer for how president trump can salvage his travel ban harvard law professor joins kate snow. we'll be right back. 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. find out how american express cards and services can help prepare you for growth at open.com.

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a let's get one final look at our pulse voting. so far, it's coming up 95% of you say yes. overwhelmingly, yes. thank you for voting.

that wraps things up for me at this hour. i'm katy tur. you can find me on twitter and facebook and my good friend kate snow, you can find her, well, right here. >> how are you? good to see you. happy weekend. happy friday. i'm kate snow. good afternoon. top stories this hour, a short time ago president trump finished a joint press conference alongside japanese prime minister shinzo abe. they both praised their alliance and talked about cooperation but it was another topic that really grabbed the main headline out of that appearance. could a rewrite of that controversial immigration executive order be in the works right now? a federal appeals court's refusal to reinstate president trump's ban has the president planning next steps which could also include a trip to the highest court in the land. behind the scenes today, trouble for a member of trump's inner circle. nbc news confirmed national security adviser mike flynn did in fact dss u.s. sanctions against russia with the russian ambassador back when