expwr breaking news with theki immigration ban, just inng the justice department, federal court a of appeals, of coursels the while house is still vowing to fight it. >> you can see that on the the side of the screen, what people have been talking about all weekends long. right now tweet us what's going on in your minds, 5@6:30 >> will now examine thatha decision by federal judge in washington state. it willwash put that, as we kne what the ruling from washington state with the entire immigration ban on hold depending how the appealsls court holds, the rules, the case could ends up in the u.s.he supreme court. we understanded that the appeals court

listening to those arguments,ens presidenistr setting on his own lawyers to help reinstateis controversialal border policy. interview with phil owe really, the president de fentt e dollars the policy. pol >> i think it was very smooth. he had 109 people out of hundreds of thousands of travelers. and all we did was vet those tho people very, very carefully. >> legal director of the dc chapter of the aclu joins us us via skype. we know that in the weekend after the ban was signed, the massive protests, the aclu saw huge in -- inch influence, influx of donations on line watch are they doing to defends the people against the ban? >> we had huge influx of support, and influx of for help as well. aclu files four of the five the lawsuits that were the first ones to be filed last weekend. and got injunction in new york , the in

angeles at first put the brakes on this executive order we filed a brief yesterday in the case in the ninth singerinth it that will be soon deciding on the fate of the executive order. so we've been very busy. and we've been representing individuals. casesinvolved in two here that were successful today, a syrian woman who was the husband of a physician at the washington hospital centerr who had been turned around and sent back last weekend, wass able to get off a flight at jf k this morning, and landed l in dullos from her connecting flight just little while ago. ao and she is now back in the country. and two people from somalia who are living with their spouses in the midwest were able to return and land in the course of the day today. so the aclu has been doing these cases around the country for

up in this executive order for no good reason.son. they were people mostly who had been living in the united t states with family on home for christmas break oregon home to visit family and try to come back and got stuck.tuck >> let me ask you, we justt heard short time ago that 16 states attorneys general have now, i guess, signed what they call a friends of the court c brief supporting washington state, legal action, including in d.c., maryland, and virginia.rgin along with the aclu, how much do you think this will help bowl ter the decision fromom this appeals court?ourt >> i think briefs like thatke t can help give the judges courage, to stand up to the president. and as you know, there were also a friend of the court briefs filed by nearly 100 silicon vale, other high-tech companies saying that how severely this would hurt their ability to do their business,es, people go back internationallyol , all the time, and another brief

high-level secretaries of state, heads of the cia, and so for the, saying that this executive order doesn't help national security, really hinders it.t. >> i think briefs like that are very helpful. h >> let me ask you one thingone about the immigration law as it stands, there are provisions in the law that doo give the president the power to decide if he wants to exclude certain, certain groups of people from certain countries. that is out there. t that seems to be something that the administration sayssays hey the president has the right to do this in the name of national security. so in your view, what's wrong with that mindset? >> well the problem is the wayhe he did it. it is true, the law says he can bar certain people or groups of people in the interest of national security, and many presidents have done that. usually for individuals or small groups that have been identified as being a problem. but the courts have said, that he has to exercise that power reasonably, and he shouldn'tan be abled to exercise it in the way that's

unconstitutional, discriminating against people baseduncong a on religion, for e , one of the problems thatone of this executive orders not something our government can constitionally do. >> all right, thank you so so much for joining us, with the aclu, we appreciate it, art glur thank you.hank >> two brothers from yemen reunited with family at dullos airport today.. the aziz brothers, both green cards, on their way to flint michigan when the president's executive order took effect. e the brothers were placed on plane and sent to east -- ethiopia yo. the duo sued the president in federal court.l c the lawsuit called the president's travel ban unconstitutional. >> i can'tunco believe, i was nt sure to be coming back, like even everybody tell me about coming back, but i was like i may be not going to happen. >> what's it like to take one donald trump? you sued donald trump. >> justice, you know, so greato we can't do this in any other country. so it is great.

>> yes.>> >> the family said the ordeal o cost the president has maintained it is all about keeping k america safe. but in the case, you know, talking two guys had greenreen cards, they were known to this countly before, been here before, were in the country. cou there you have it. that gray area, a lot of these cases are fueling into. >> so what happens now? as the president decides to ignore the judge's ruling in the immigration ban?an series every tweets over the weekends questioning the judge 's decision. dec it caused crit toix question whether the president actually respects the ruling and would stick to it. >> civil rights attorney, jazz jasmine, a lot of people areot saying o the president by taking on this judge, he calls him so-called judge, a judge who was appointed by george w. bush, confirm unanimously by una the senate, he is still a judge. but some of the constitutionall crisis that might be setting up here, the president going against the judiciary like this. >> right. term so-called judge is a

aggregious way for the president of our nation to refer to any judge, need we remind mr. trump, our so-called president, who actually did not receive the popular vote.. >> but he still wants electoral. we got to keep that clear. he won the electoral vote. he is duly elected president of this country. >> but did he not win the popular vote. >> correct. >> so before he calls other leaders of our other branches of government so-called leaders, he need to checks himself. second of all, it is the judgege 's job to second guess the president. pre that's why we live in a constitutional democracy and not a dictatorship. they are another line of security for our people.e. their job to is to check the president and ensure whatever executive order that he is enacting comply with our constitution, with his constitutial authority.rity >> we just learned short time ago, tomorrow at 6:00 p.m. the appellate court will listen too both sides of this and make a mk decision, if they indeed side with washington

president decides not to abide a by it, what will happen from there?e? >> if -- it is tough to say what the judge will do it fromo there. the judge could very well enter an order holding the president in coming contempt. but until we get the ruling from the appellate court, we won't know what the judge will do if trump disobeys the order >> jasmine, obviously, i think pretty clear, fallen on thishis side of the debate. d so what have you been seeingeing on your ends? have you and your capacity as c a lawyer beenap dealing with anh of these cases or have you been observing?ving what have you seen so far?ar? >> on my ends, i think it causes concern for everybody. i know recently, i set up roadblocks in miami certainly,tn our community here in miami,mi is concerned about protection. of people that we have hereere considering this national ban that trump put into effect. and civil rights attorneys, the aclu, all of these major organizations are extremelyly concerned about protecting our rights. and it is not just democrats

it is republicans who are concerned. we have to remember, that the judge whober, issued this order, as you said earlier; a republican, appointed by former president bush. >> all right, it will be interesting toer p r watch andie whatnd happens.. civil rights attorney, thanksy, so much for joining us tonight >> thanks for having me. >> absolutely. all right tonight the chief of ynigh policery count right here has a blunt warningnt for local politicians to go slow before they started ahey don't g the monday curve being sanctuary city or sanctuary county.unty >> let's talk to tom fitzgerald live in montgomery county tonight with the latest what's going on there. tom? >> reporter: guys, all right, this involves, you know, we all know while these mayors m and cities around the country have been racing to declare themselves as sanctuary cities now, how this park here in montgomery county was that aa joint sent out by both the councils i counsel, now, what it did, was clear opposition to what the trumprump administration has been doing, especially, in regard to

but it stopped short of declaring this county a sanctuary city. now, we talked to the president of the counts countyot council today. him this.ed given the language, very stern language in this letter about a the trump administration policy, was he concerned at all that it is going to be interpreted like that by this white house, and these rhett i cannily with the federalal funding if the white house decides that montgomery county is somehow sanctuary.. >> are you concerned about that? >> i am not concerned about that.concat. because the way we do our business, again, is that one no federal law could under the constitution require us to ask about immigration status, minor traffic infraction.ract and we don't.'t. but we don't withhold information. >> in fact that's how they, do not ask the immigration status of people stopped

infractions. thee went to go see montgomery county police chiefpi , thomas major. now, remember, montgomeryomer county has not declared itself a sanctuary city or sanctuaryry county if you will.l. and the police chief hearsays that's a good thing. because politicians and lawmakers specially not onlyec in this county butiall throughot the state right now have to be very close attention to what the possible ramifications could be if they declare themselves as such. s this is what the police chief told us today when we asked him if any lawmakers in his opinion could be looking at this down the road. >> sir, ir ' -- i have elected officials in the state who sta want to say we are sanctuary jurisdiction, sanctuary state. well, we are not actually. in fact, if you look aroundroun the country, a lot of thef th mayors that are standing on their soap boxes saying we're sanctuary jurisdiction, in in fact, aren't really. >> also made it

there is very little a whitehite house can do to affect the policing policies of an independent local jurisdiction but he also said that it would go a long way, sean, jim, to clearing all of this up. the administration would come out andd clearly spell out the justice department exactly what criteria they are gauging , what a sanctuary city is. right now, it is term getting thrown around loosely, but there really is no law attached to what it actually means.me so, whether or not somebody is declaring themselves or not, they still could run a foul ofof the trump white house if theyy enact policies that go counter c with what the president wants. >> are you getting a sense some of these count ills, are they taking the president's threats seriously, that theyou maysl actually lose funding if he goes through with the threat? >> well, i mean, you heard roger there a minute ago say no, and they're in compliance,ol they say, with federal law. you know when you hear peopleple say right

compliance of federal law, there is a question exactly what does that mean? does it mean the executive order? a statute passed by congressgres signed into law by the president? the bottom line, you know, we asked the chief is there any difference between what you're doing right now than what you were doing four weeks ago under president obama, and chief major was very clear, helr said no, absolutely not.ot. because we are in compliance with the law, we have a policy here that works, and we intended to continue. >> all right, thank you very much, fits, we appreciate it. i >> all right, so here we are, 6:43, it is 67 degrees outside >> amazing, i like this. get used to this. >> sue palka, is this warm trends going to continue? >> couple of nights for sure, couple every days, too, sean, jim. won't be long before peoplee start saying they're seek croakuses in the yards, right? sixty-one today. sixty-three at dullos. that's more typical of where we in late march or early april. so truly spring preview. you know what? it is going to be even warmer tomorrow. we are thinking record breaking heat tomorrow. certainly r

now it will also come with some showers. we're going to see rain movingon in tomorrow morning for the morning commute. so we don't think itmo lasts all day. definitely not a wet day. but wet start to a day that may feature temperatures that are likely warmer than they the were today. so tomorrow morning, at 8:008:00 that's when we expect tot t see some showers around. temperature, 48 degrees. we won't be coldatur tonight. only drop into the 40's. actually warmer tonight than our actual daytime high usually is for this time of year.year by noon, we are about 58 degrees. and little bit windy tomorrow afternoon. but certainly very mild. fifty-eight, 66 degrees at 4:00. but winds may gust between 20 and 30 miles an hour.r. so do prepare for. that will wanted to gave you yu a look at high temperatures tomorrow. after we get through the rain gh and break up the t clouds cover, if we get some sun tomorrow afternoon, 67 for dc, 70 is due do-able for president rick h also have little bit of snowf in the seven day forecast.t. that would be very late wednesday night into thursday morning. wanted to show that you, too , because that's important.orta rain and

now, notice the temperature,, 43 degrees, even if we get it, it would melt off. doesn't look like a lot.. it mainly looks north of dc. but cold friday. and then on the warm side, as as we begin next week, all the sudden into the middle of february. going fast. jim, sean, back to you. >> thanks, sue. up all night.ll n >> that's right.t's take a look right now. democrats are protest the nominee for education secretary. a live look in the news -- house right now. >> that's senator tammyy baldwin of wisconsin. she democrat. one of the many people standing up against betsy de v os. talk more 5@6:30 coming up 5@6 right after this.

>> dem craments kratz planningnt all night protest againsts t ag betsy de vos to be the secretary of education.. >> ronica cleary live with more on thisa cl one, as it is s going on, what's going

>> protest going on right now, across the street from the capitol. and i have senator warner heree , from virginia, to talk to us little bit about the democrats holding the floorg th for the night to protest betsy b de vos nomination, to try totry get that one vote that you need to keep her from getting this nomination. tell me about that. >> well, it the not only democrats, two republicans rep fighting with us, ir i've had 41,000 contacts, emails, calls from virginians expressingssin concern about this nomination. if somebody supports, i don'ts,i see, though, from mr. vos a basic knowledge of education policy. she didn't understand about dollars need about special ed student, keeping guns out of schoolment didn't understanded that was federal law. and we've seen an un -- un complete lack every under standing about how you measure progress, in school. so, i'm joining with 50 other senators in saying this is not

hope the president would sendsls somebody else. els we'll know tomorrow when the votes are counted.ed. >> do you think quickly, talk tl about results. see thehink you'll result you're looking for?or >> i think number of other oth republican senators, looking for one more item. at 50 now, 48 democrats, two republicans, time will tell. but there is awful lot of folks all across the country.ry. think about communities, that are specially rural then they don't have the ajt to create private school or about driven school. that's not the way, not the n way to get things done.e. >> thank you for your time. appreciate t and actually, jimua , sean, we take you now, actually will speak with a teacher here protesting, take you little closer to the protests here. teacher from the dc public schools megan right here, hi, megan. live on fox5. i know you are eighth grade history teacher in a public school. tell me what brought you out here tonight, what you think you can ash accomplish? so many ot

in the past few weeks. why is this one going to be different and why do you think you can accomplish something tonight? >> as -- as a public school educator, she is unfit to be our secretary of education. she doesn't know what it takes to be in the classroom.lass she is has never worked in a public school. sch is not qualified to be the secretary. so that's what brought me out tonight. i don't feel as though she is going to be someone who is going to work benefit every all student and protect the most have you nerve bl.u ne in terms of the strength of this protest, whether or not or we actually have a chance in gathering that one extra republican vote, i'm hopeful i think he had somethingad s something that all senators should be able to rally around given that it is the future of our country, so i can say i'm hopeful. but i don't know in terms of the efficacy of it all. >> thank you so much formuch sharing that with us. and there you see it from the people.ople we're sending it back to you. >> tha y

see on the side of your screenny , mentioned, it is 50-50 split right now, might be calling mike pence to cast the tiebreaker. >> real interesting, democrats got two republicans to comeome over to their side with that vote. we'll see what happens. >> talking about superbowl commercials. certainly politil themes. back after this.

>> did you watch the game or w watch the commercials? for some people the commercials are the only reason they watch.ath th >> we getfor social the increass more and more every year, where the surprise element is gone. diversity, big themes, who watched the best ad, who the most memorable once? >> eighty-four lumber, which had immigration theme, broke this 90 second spot down into couple of different segment, featuring latino mother and her daughter. d during the non-televisedelev portion of the ad which was on line, the mother and

reach enormous wall in the desert. mother breaks into tears, then see the wall has a door. d there is a man driving a pick-up truck filled with lumber. some viewers will condemn the company for advocating for illegal immigration, othersther say it was a call for humanity white while discussing the subject. >> before the game coca-cola brought back 2014 commercial,rca perhaps you remember it. it featured people from all walks of life singing americaria the beautiful.utif but in different languages.. the company released the statement to show that america is beautiful. b and that the drink is for everyone, still do not stop people from tweeting boycott coke. >> all right, and we're backe's after this. e paycheck. giant's exclusive nature's promise. eat well for less. my giant.

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great price on this boneless chicken! yeah. we love low prices. no bones about it. [ laughter ] thousands of blue tags. thousands of low prices. my giant. >> ♪ ♪ ♪ ♪ >> nightlife, parody the trump administration again. >> this sunday took it to sean spicer. take a look. >> begin today, by apologizing on behalf of you through me.

for how you have treated me these last two weeks. and then apology is not accepted. so then not here to be your buddy. i'm here to swallow gum and i'm here to take names. >> that is melissa mccarthy, made guest appearance on the show, a lot of people didn't realize by the talking, camee on minute after alec baldwin played president trump. tru sean spicer says he felt it was a little edges and rated. mccarthy can could dial it back. >> ate too much gum. >> true, but also thinks that alec baldwin is cross over to being too mean.. >> very interesting, you seerest the tweets back and forth, and r i think in every administration we've seen s&l talk about who ever is in charge at the time.e. so just is.ust it is what they do. it is part of culture. >> i'll say there is think thi sean spicer at least he laughed a little bit. because it was a good, a lot of people talkinab

one. >> yes, yes, it was good. it thank you guys so much for thank you for tweeting us. keep them coming, use the hashtag 5@6:30. >> as always see you tonight at 10:00 and 11:00. [ alarm clock beeping ] weather. ♪ ♪ [ laughter ] cartoons. wait for it. [ cat screech ] [ laughter ] ♪ ♪ [ screaming ] [ laughter ]

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get 150 meg internet, tv and phone for only $79.99 per month online for one year. only from fios. announcer: today on "tmz" -- harvey: you would think tom brady would be beyond happy after winning the super bowl, but he actually freaked out in the locker room. >> someone stole my jersey. >> so robert kraft, as he's seen there with tom brady, tom brady's telling him all of this and tom brady is expecting don't worry, we'll get on it or i have the jersey. robert kraft just looks up at him and goes, oh, it will probably turn up online. >> new england patriots celebrated their big win at a huge after party. lil wayne performed, tom brady showed up. >> by the way, giselle most supportive wife ever. >> she was taunting other people afterwards. she was going -- five rings! five rings! >> we got prince william, kate middleton and prince harry taking part in a training marathon. harvey: if i can be king of england or pri