making news in america this morning, an appeals court ruled against president trump blocking his immigration ban in a unanimous decision. but the president is promising a fight now taking to twitter. we're live in washington. the president's adviser kellyanne conway is sparking an ethics controversy after using a tv appearance to promote ivanka trump's brand. how the white house is now responding this morning. a plane preparing for takeoff overnight until flames shoot from the engine. new pictures and video coming in from passengers. >> also caught on camera an out-of-control car, wait for it, there it is, into a house. the dramatic video and damage left behind. you will not believe next. happy friday, everybody.

good morning. we'll start with a stinging defeat for president trump. a three-judge panel rejecting a bid to reinstate his travel ban. >> the legal battle is still far from over. the president has made it clear he is not backing down. sounding off on twitter and actually predicting he will eventually prevail. for now, though, the doors remain open to people from seven predominantly muslim country singled out by the president. >> maggie rulli joins us. good morning. >> reporter: it is a major setback for president trump but right away as you said the president took to twitter vowing to fight back. in a unanimous decision, the ninth circuit court of appeals refuses to reinstate president trump's temporary ban on travelers from seven predominantly muslim nations. >> it shows the significance of the harm that executive order created. >> reporter: president trump's signing of that executive order immediately set off chaos at airports.

families left stranded, others turned away. a washington state court put a temporary halt to the ban saying it discriminated on the basis of religion and violated the constitution. but the justice department maintained the order was made to protect the nation and wanted it reinstated immediately. the three junks of the appeals court reviewed the case writing the government has pointed to no evidence that any alien from any of the countries named in the order has perpetrated a terrorist attack in the united states. rather than present evidence to explain the need for the executive order the government has taken the position that we must not review the decision at all. we disagree. it is a major legal setback are to the president has government lawyers scramble to figure out their next move president trump fired back tweeting in all caps, see you in court, the security of our nation is at stake. >> it's a political decision and we are going to see them in court and i look forward to doing so and it's a decision

we'll win in my opinion very easily. >> we have seen him in court twice and we're 2 for 2. >> reporter: from here the trump administration to take it to the supreme court. sounds like it is just the beginning. >> not the last we have heard from either side. maggie rulli, thanks. >> so, the president has been busy. right now making a major concession agreeing to honor the one china policy. >> that recognizes their sovereignty over taiwan. the shift follows a thursday night telephone conversation between president trump and china's president. in december the president angered china by speaking to the president of taiwan and saying the u.s. did not have to follow that policy. today, president trump is welcoming japanese prime minister shinzo abe to the white house. they're expected to discuss trade and security before

spending the weekend the president's mar-a-lago resort in florida. president trump is pushing back against reports his supreme court nominee criticized his attacks on the judiciary as demoralizing. >> the remarks by judge neal gorsuch were confirmed by the judge's spokesman and several lawmakers but the president said the comments were misrepresented and sean spicer doubled down on that claim. >> are you saying that demoralize and disheartening was not specifically about the preside president's comments? >> the judge made it clear -- >> three senators have come out and said they corroborate the statement and so does -- >> senator ayotte made it clear he was commenting in general about attacks on the judiciary. that was it. plain and simple. >> well, senator richard blumenthal said gorsuch told him it was okay to repeat what he said. blumenthal is now calling on gorsuch to go public with his criticism of the president. and top white house aide

kellyanne conway says she is still in the president's good grays despite an ethics investigation. >> it started after she spoke about ivanka's fashion line on television. >> it is a wonderful line of i own some of it. i'm just going to give a commercial. go buy it. you can find it online. >> that's a possible violation the house oversight committee chairman is asking for a review. she was counseled for her remark and later on fox talking about a meeting she had with the president. >> we spoke about matters and he supports me 100%. it was a very heartening moment. all i can say to america's women. at some point in life you ought to have a boss who treated me the way that the president of the united states treated me toy.>> conway's endorsement of brand followed a devote by the president criticizing nordstrom for dropping the brand. the senate confirmed another trump cabinet nominee. tom price is our new health and

human services secretary. that came after hours after contendous debate. price will head republican efforts to obamacare. democrats opposed his nomination largely for that reason. the senate's fourth consecutive contested vote for a pick. the price tag for the border wall is $22 billion. nearly twice the cost estimated by the president. reuters reports that the figure is based on an internal report from the department of homeland security. the wall would likely take more than three years to build. the government is reportedly already working with contractors and seeking environmental waivers. other news we're following residents of northern california bracing for more flooding. you can see why. take a look at the radar. storms are still pouring into the golden state and these are some of the results. the heavy rain you can see there in the bay area. several rivers are at or near flood. they're calling that you see there pineapple express. you can understand why. the moisture coming in from the

hawaiian area and pouring into the san francisco area. also in the bay area a mudslide has been put the finishing touches on a house first damaged on tuesday. but after yesterday's mudslide no one is allowed inside at all. cleaning up from the massive snowstorm in the northeast won't be easy either. slush on the roads refroze in the frigid temperatures overnight which could lead to a repeat day of driving nightmares. it'll take several days to clear up the mess from thursday's nearly 4,000 flight cancellations, as well. already more than 200 flights in and out of new york and boston today have been canceled and even a domestic diva is no match for a snowstorm. that is martha stewart tweeting a photo of her plowing roads on her farm and she got stuck even in the truck. one fan pleaded for someone to rescue stewart because she needs help with her creme brulee. >> yes. >> got to get martha back in the kitchen to help us. >> and went out to get rid of the snow.

new warnings about a possible data breach affecting some customers' credit cards. an explosion rocks a gas pipeline. details on the injured workers and what they were doing when it happened. the outrage after a mother of two is deported to mexico leaving her children behind. ♪

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i'm going to get to this breaking news. a massive pipeline explosion in louisiana. one worker missing and three others injured. authorities say workers were cleaning a 20-inch line when a valve or gasket failed. the liquid in that line is a highly volatile product --

by-product of gas production. at least 60 nearby homes have been evacuated but some have returned home. also breaking overnight a plane emergency at new york's jfk airport. witnesses reported seeing sparks and flames shooting from the engine of an argentina airlines flight just before takeoff and reported hearing a loud bang. the plane's engine may have overheated. fire crews rushed to the scene. >> hey, tower, you need arp. you got a fire on the right gear of that airplane that just came off. >> no official word on what caused the fire. so far no injuries reported and authorities are investigating. in virginia high winds blew a tractor trailer off the chesapeake bay bridge killing the driver. a navy helicopter was able to rescue the driver after the impact but that was not enough. he did die on the way to the hospital. the water temperature was estimated to be about 46 degrees. >> such a frightening bridge to drive over. the postal service is still

delivering red ink. despite big increases from online purchases and extra election mail, now, the postal service says the prefunding of retirement benefits was the difference between profit and loss. it is asking for congress to end that obligation. arby's is investigating a major data breach. more than 350,000 debit cards may have been compromised in the same kind of malware attack that hit target and home depot. arby's says it started in late october and ended three weeks ago. it's advising customers to keep a close watch on their statements for unauthorized activities. when we come back a high-speed chase ends in a fiery wreck. see what happened to the suspect. an suv slide slides out of control slamming into a house. see this amazing crash and the damage inside. where does it come from?

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so, minnesota police officer responded to a report of an injured bird and, well, this is what the officer found instead. the bird was just hanging out. the passenger flagged the cop down thinking maybe it had been hit by a car but after a minute or so on the hood of the police cruiser the bird was being social and said good-bye and u flew away. drivers may find themselves flying off the slippery roads around the great lakes. flooded roads likely along the entire west coast with snow on mountain roads further inland. flying, airport delays are most likely in los angeles and boston. speaking of l.a., there have been two straight nights of protests stemming from what some are calling an increase in arrests and deportations of immigrants in one of those is named guadalupe garcia de rayos. she spent 22 years in the u.s.

illegally and had two children during that time. her case and others have now sparked demonstrations as abc's clayton sandell reports. >> reporter: new outrage over president trump's immigration crackdown. in downtown l.a. overnight a crowd blocked a freeway entrance. >> so far a very peaceful protest of about 150 people here. >> reporter: protesting a federal immigration crackdown in southern california that they say is aimed at deporting violent criminals but this morning, guadalupe garcia de rayos, an arizona woman without a violent history has been deported too. now she can only see her two kids if they cross the border from their arizona home to mexico. i don't know what we'll do without her. >> reporter: federal immigration officials say her case underwent review at multiple levels and the judges held she did not have a legal basis to remain in the u.s. clayton sandell, abc news, phoenix. immigration officials say there have been not an increase

in raids recently. penn state is banning alcohol at fraternity and sorority parties. mentions of the beta theta pi fraternity waited at least 12 hours before calling for help. the fraternity was suspended. the tank force investigating. three minnesota state troopers being praised for not only arresting a suspect but rescuing him. they apparently pursued the suspect on a minneapolis highway or several of them at speeds around 100 miles per hour until the man's vehicle flipped over on an exit ramp. it then rolled over several times and caught fire. the troopers were able to pull the suspect out. and driving too fast was also likely the cause of this crash in new hampshire during the snowstorm. the suv hit this house so hard it knocked the house off its foundation. there was extensive damage inside. three of the residents were home at the time. luckily they were upstairs and were not injured. but the damage to the home was so bad, they had to spend the

night elsewherement only allowed in to retrieve a few possessions. >> you thought that showdown between elizabeth warren and mitch mcconnell was bad. this is in south africa. this is parliament. just moments before the president jacob zuma was to begin an am address. >> the lawmakers wearing red are opposed to zuma and security gua guards, that's who is dressed in white. they were demanding his resignation because of allegations of corruption. let's do sports. >> college hoops now from espn. good morning. stan verrett along with kenny maine. "sportscenter" from los angeles. we got college basketball. >> number five and number ten to start things off at pauly pa vil pavilion. ucla down by one.

ball sets himself up for a three. he had formaldehyde in -- pretty bad. oregon down three, got a chance, pritch chird launches. it's not good and ucla taking down the number five team at home, 82-79. don't storm the court. north carolina/duke, cameron indoor stadium. the crazies going crazy and so was grayson allen from way out there. duke up 40-39 at the break. freshman jason tatum had no points in the first half and then went bonkers in the second half. throws that one down. justin jackson with a three for carolina and the lead back to three but then here comes allen. he had 25. tatum had 19 and duke wins it, 86-78. those two play march 4th in chapel hill. >> promotional announcement for abc, the channel that you're

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the president's chief strategist. so, o'donnell here, a dead ringer for steve bannon in her newly transformed twitter avatar. >> here are the side-by-side compare soons, the original photo. earlier this week in response to fans' request she played the role she said if called i will serve. >> it's her duty to america. well, next up what is surely the dream job for oreo lovers or anybody for that party. the company that makes the legendary cookies needs a new taster. >> the job's official taster, chock and cocoa beverage taster based in england. the company says politics must have a passion for confectionery and taste buds for detection. >> word there and it's a part-time job so just 7 1/2 hours a week. the search for a new taster will end when enough applications are received. >> we'll be filling them out immediately. >> i know what i'll be doing. anyone who works with a

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>> i'm matt o'donnell, 4:27 a.m., it is friday. a tanker leaking fuel forces 70 bucks county residents from their homes. we're live with new overnight information anticipate how this is impacting the morning commute. philadelphia police break up a home invasion in progress and rescue two women being held at gunpoint. dealing with bitter cold this morning, take a live look at sky6 live hd and the full moon. yesterday's snow is refreezing many schools have trade starts. that's on 6abc.com, we'll be talking about thought "action news" this morning. to start friday than with the funnies. >> the senate confirmed

education secretary and woman ahead of you at starbucks with a really complicated order, betsy devos. >> betsy devos is confirmed as education secretary despite not having any experience in public education. when asked why he nominated her. >> i love the poorly educated. >> so while all this is going on in washington, this is what president obama has been up to, kite surfing in the virgin islands with richard branson. look at him. not an obama care in the world. >> a recent study found the number of monarch butterflies migrating to mexico from the u.s. has dropped by 27%. yeah, apparently the butterflies are afraid if they go from the tous mexico they won't be allowed back in so have to hang out there, you know what i mean. not only did she complain about nordstrom dropping ivanka trump's clothing line but also

she used her position to give ivanka a rare and potentially illegal product plug. >> this is just -- it's a wonderful line. i own some of it. i fully -- i'm just going to give a free commercial here. go buy it today, everybody. >> she'll have a hell of a post white house career on qvc. >> nordstrom's stock went up after the president attacked them then radio shack said would you mind attacking us? we also refuse to sell her clothes. >> so much news to tackle this week. they've got their hands full. >> they have their hands full. the writers are having fun while doing so. grammys are on sunday. don't forget your sweeties next week. valentine's day. >> what are you getting me? >> uh.

>> good morning everyone it is 4:30 a.m., friday, february 10. we're following several breaking stories, a tanker crash and fuel spill in bucks county has prompted dozens of evacuations overnight. philadelphia police put a stop to an armed home invasion and saved two women. >> reporter: the senate spends the night confirming one of president trump's cabinet trip. >> we have schools starting on delay, but first up, david and karen.