>> ♪♪ >> >> you heard it.it the ban does not stand. sta moments ago the the ninth circuit court issued a unanimous decision refusing torf reinstitute president trump'sit travel ban. this allowsute previously barrediousl barred travelers to enter the u.s. u.s. this could set up the possible e appeal to the u.s. supreme court. government lawyers argued theme ban was "nta l lawful exercise s the president's authority andory that the seven

involved had raised terror tero concerns but attorney generalsne from washington and minnesotamin remember they joined the suitert and the original decheision toco suspend the ban was issued byssb a federal judge in thatdg washington had argued the bane n was unconstitutional because bee the provision that blocked bockd entry based upon religion.relig. we're going through this twinght page decision as we go alongisi right now. this just came out.. nile is in the news room.he n sort it out.sort it out i just handed this to you.s to a lot of people expected toexpe see some sort of -- some sortsoo of action tonight.ctiot are you surprised it was unanimous. >> i'm not that surprised, surps jim. i mean, this really has as you say just come out.co there was some evidence ine wasi terms of the questions thatestio were asked at oral argument that the court was skepticalas t of the government's arguments here and that certanly seemsrtai to have been the case.been the . and just looking through thisghh order literally hot off the offh press it seems quite scathingms in a number of respectsof complaints that the executive

order for example from ther fo trump administration has nothasn shown what the due processue ocs requires and therefore th infringes those protectionsges h makes a number of other pointse as well.well >> nile, let me ask you, ie, l know this is early on.is early i know that you consistentlyosin you've been reporting on theortn white house, have we heard anyed sort of reaction yet from theome president or the white house hus at all. >> we have notat to my knowledgy but obviously that can changeane by the moment in a situation si such as this.such as th president trump made no secretde at all of his displeasure with the original suspension of his ban when that was firstwafir announced by a judge and so i si would anticipate that we willwil get reaction fairly soon. son. >> and as we are sitting hererei waiting for the reaction andonan still trying to comb througho some of the information here,e e as we proceed with this, whats,t comes next? do you think thattt we will see the trump tmp administration try to takeon tre this to the supreme court? cour >> the trump administration,nis, shawn was emphasizing earlier er this week at the white housete h

come out purely refers toly refo whether the ban would go into t effect again while the broader o legal case on the merits ofhe the case goes forward.forard. >> rht.t. >> now, the ban clearly willrlyl be suspended, will continue ton be suspended and the questionheu is whether the government wants to proceed with thatitth broader case at this court at to level or whether it wants tontso press immediately toward thet supreme court. >> el were, let's remember,'s r, we're talking supreme court right now. it is still an eight membergh m supreme court. if you deadlock four-four, the previous ruling stands whiching means this hold on the ban is bi not enforceable.enf >> i think that's a reallyhink y important point, jim, becauseb as you say unless the court byry a clear majority overrules this, this stands. because that is the case, cse, democrats now have an interestir not to confirm presidentsident trump's nominee in an a expeditious fashion becaus

right now the supreme court isut split four-four liberals to conservatives.co the broad assumption would beonb that a tie on this case wouldis be likely if, in fact aacta majority did not side forfor those critical of the trump administration. >> nile, if you could, if youe,i know this, help us rememberf p e what the trump administration's argument wasmes for actually keeping this -- th- this ban, this originalrignal executive order in place. plae. >> the trump administration'sin' argument, shawn, is that the president has considerableons leeway to make immigration law w or to at least decide who is permissible to enter the nation or not and they cite ay a particular statute for that.ul >> let me jump arin on this nili because here's the quote. the government -- i'mre's t goig quote from the ruling here.g he the government contends theendse district court lacks authorityat to end join enforcement of theoe executive order because theutivr president hasde "unreviewable"ur authority to suspend thependthe admission of any class ofcl aliens which is codified inns wi law. the court said though there'sr

claimed unreviewability.nre >> the court is saying wee still have an oversight rulersiu even though the president haspr certain powers. the courts still have thee cour capacity to review his decisions fordecisions constitutionality andtitutiity d lawfulness and that's what the t states were initi'sally arguinga in this instance.inta the state's argument ingument essence was this order it mandates us to discriminateiscin and that is illegal andegal therefore the order should be suspended. >> nile i'm not sure if you know the answer to this one. we know that the ii'she al al sd from that original lawsuital l that was filed out in oun washington state.shin we know there are a number of of other states that signed friends of the courtthe co documenting to along withcume this.nt with what sort syou know of legal standing it puts likegk virginia, new york, some ofr the other states we saw thate st were filing their own lawsuitso against this. >> reporter: i'm not surea exactl ryeporte where it puts te cases or those suits,

the things we've been speaking s about here, the fact that the suspension of the ban has beenan upheld, the fact that the supreme court is that rightt rih now a four-four liberal conservative split, when yourvat putiv that together, it lookst like a bad day for the trump administration and thereforest by extension a good one for the states that haveratiensihave challenged this executive excu order. >> i'm trying do confirm this. i bloomberg is saying the whiteaye house has already indicated itae will appeal this to the supreme court but once again, nile, i mean, we're not going to see a rush to confirm neilonl gorsuch any time soon.ucti this is not something you can push through instantly. >> that's exactly right. righ >> hold on just a second here. h donald trump in all caps justl t tweeted see you in court.in cour the security of our nationally a is at stake. donald trump just tweeted justjt a short time ago in all all caps -- >> i think that's worthorth mentioning all caps.ioni >> see you in court.>> the security of our nation isnan at stake. at s so, no surprise to you thatriset this was his response, nile.s >> no, not at all and in fact ft that's pretty consistent

his response to the earlier ruling from the judge when hee was in esteban santiago sensest suggesting that the judgethe could be culpable were there t to be any attacks to happeno hpn while this ban was suspended.s >> there's so much to talkhere about here.out we are furiously going throughnt our computers and surfing forsur the latest information.in nile we certainly appreciateer you being here and trying to look for this.ing nile if you want to sticklole it around t ano d look through thel if you seeoo ankything else weee welcome it.welcome i maybe we come back to you aack little bit later in the show.ins >> okay. >> oka >> we talked about the tweets.lk if you're at home you'reedome ye paying attention to this you a want to sound off use that #5at6:30. i know a couple of you are a already replying.r this unfolding in last 15 last 1 minutes or so. minute we're s luckyor to have friends like nile to come in on 5 at ont 6:30 all the time that you can a hand him this and say go.say g >> i'm trying to look to seeo se if we're getting

response from lawmakers onwmake capitol hill trying to seeing te what they might be saying be s about this. again we'll stay on top ofn topf this and we'll bring you thee'lu very latest information as we as in it in. as you know, this is not theis e only news of the day today.ay t. >> no. let's talk about somethinga that really cameb out earlierarl today and it involves the it io chairman of the housee house oversight committee.oversimmitt. he spoke out jason chaffetzffetz and it comes down to kellyanneconway's promotion ofoo ivanka trump's. trmp >> she made the statement on fox and friends in using the most prominent nim donald womand trump's -- she's his daughter de and they're using her who haseyn been a championg fheor women i the workplace to getw to him so i think people can see through that. go buy ivanka's stuff.s i hate shopping.te s i'm going tho get some myself me today. >> joining us to talk a littlett bit more about this is craigs c altman with public citizen in ci the district. thod evening. >> hi. hegore. he. >> we heard

when president trump had saied that nordstrom is treating ivanka so terribly. te what's your take on this right now. >> well, donald trump is sorti of setting the tone for nothe tt only his family and his familyil business and his his administration but he's setting this tone that his business interests are more are important than public service.e. and we're seeing a lot ofeing a people picking this up. donald trump by tweeting angry tweets at nordstrom for -- forfr getting rid of his daughter's clothing line just shows that his business interests appearses to be something that iss exceedingly important to him and perhaps even more mor important than serving theing peanut butter lick aspean serving thepublic as president e united states. s >> i'm parent. some people say he's a dad peop defending his daughsater as any parent would do but do you think his administration

kellyanne conway are taking their cues from what they'rec seeing from him? i meanue,s l you said, we know he tweeted twt nordstrom's. that's not the only businessbuss he's tweeted angrily about. ab are they taking their cues t from him. >> yes. no, ifs ands or buts about itbot any way. wy. kellyanne went way over the o line much there is a verya er clear ethics code that applieshi to all government officials of with the sole exceptions of t the president andhe s the vice h president and that ispr government officials are notemes to use a public office for private gain. they are not to use theire their position to sell commercialcom products or to do any sort off advertising for some sort off clothing line. and kellyanne did exactly that this morning. that she thato guess was not aware, we heard whitehee house press secretary sean spicer say she's been counseled about the issue now.n. what, if any, sort ofsort punishment might she receive? >> well, at this point she's apparently been counseled by by the white house for violatingvig the code but, you know,

really isn't that enough.ally i mean, i that just means theyus explained to her that she probably went too far. you know, she's got to faceace some more consequences forces fo this action or else others inthn the administration are goingon to realize that they can goey co ahead and do this type ofof behavior as well and get away with it. >> craig, i think it goes backgi to that press t conference righe before president trump wasdent u sworn in where he said he'sd going put up some sort ofort of barriers between him and his his business interests but seanut sn spicer called this an attack atk on ivanka trump. tump. nordstrom says we're not no selling their clothing anyothina more because it's not selling. g that's a business move.ess mve that's something that donaldhind trump knows about. i think it seems to be there'shs still not that clearth delineation where one thingn whg stops and another begins. be >> donald trump has not created that delineation.el he's maintained his ownership in theh trump organization in in his business interests, he'sress turned over management of thethe business interests

own sons, so he's not created ce an effective wall and that lack of addressing these types of conflicts of interest we'reee seeing it spill out in theng it rest of the admispnistration.in. this is very likely going to become one of the most scandal ridden administrations we'vestre seen in recent history. hsto >> thanks for joining us craig holman government affairs a lobbyist with public citizen c in the district. di thanks for joining us.ning >> we'll get back to the bighe g decision out of the ninthint circuit. this is all information comingrt in to us. in we're still going through thethh decision, seeing a lot ofisn, s reaction coming down including n from the president.om the in the meantime let's break's e away and talk about what a lotbw of you were talking about. aut. >> absolutely.>> did you see all the snow thisu morning? some of you saw mores than others right sue palka.ka. >> we've got drama shawn and too in the atmosphere andve that is the biggest blizzard we'veggr seen so far this yeard now now finally leaving new york stillv snowing on boston a foot yoofrko snow for new york, for boston, o for connecticut,

island. now, what you also noticed ticed today snow showers that wey snwe had, that is from the backside of that nor'easter pulling nor't cold air eracross the lakes and we had some squalls thise sq afternoon that were able to put down a half irnnoochn and n some indicates close tolose to three-quarters of an inch ofof f snow. what we want you to be awarebe a of later tonight while the squalls are diminishing blackn ice could be a problem laterisbr tonight for those of you whoho saw some of these squalls earlier this afternoon and into the evening. , it's allit's iethr at about the cold. we are going to be so coldol tonight. you felt those winds. wi a wind advisory just droppeddrpd but even with winds up a up little bit, we're still goinge'l to head down to about bout 25 degrees in and washington,wa 19 for gaithersburg andd hagerstown, 21 for dulles, 20du0 for culpeper, 23 for fredericksburg. start for stt old the kids tomorrow morning atmorm the bus stop. sop. but we should be able in the abe afternoon to get up to aboutabot 41 degrees and hang in there. i know it is quite i cold outcou there but it looks like we'ret k going to be able to warme up to about 6

close to 70 on sunday. sunday. we drop that temperature justurt a little bit because there's aea slightly better chance ofter chf showers and there might be aere little bit more cloud cover bite but we could still hit 70 with h a bit more sunshine.sunshine. and then what about next week? monday 54. valentine's day 52.day 52. dry on wednesday just a fewa few clouds 49 degrees.9 drees thursday 46 degrees.6 dege so, we've got a quick coldick cd shot here to get through.ere tou we're lucky we're not havingt h to deal with that many foot offf snow causing so many power outages and such difficult diffl travel up the 95 corridor.corid but we'll keep an eye on black ice for later tonight and i'lll have an update at 10:00.. shawn, jim, back to you. >> thank you sue.>> t we'll stay on top of the'lly very l oatest.very laest. the ninth circuit court ofourtof appeals denied donald trump's t a feel reinstate the travele ral ban. you got more informationally.fon >> a lot of different comments o from you out there and we'llf oa start sharing those in aart little bit. if you have anything to say use #5at6:30. >> we'll be right back. >> ♪♪

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>> welcome back.>> we're following breaking news out of the ninth cirowcuiting t in california which issued a unanimous decision thatsion th continues to suspends theuspende travel ban that that presidenta trump mind law by executive order.. >> nile stanage is here. here thanks for joining us.g us. i forgot your title.it. we gave you the actual ruling. r have you been able to look bn ak through. what other reaction have you r been able to get.eabe >> a couple of tenhings shawn. s on the legal question the more m i look at this ruling the moremr scathing of the trumpump administration's position ittioo appears to be.appeare. now obviously 29 page really iea don't want to talk throughlk thh every part of it but it does, o for example t-reassert theth fact that the government hasnmeh pointed to no evidence that any alien from any of therom anh countries named has perpetrated a terroristterroris attack. it comes to the state's argument which wasment that this was in effect

the court rules that the state's claims raise serious allegations and presents presens significant constitutional questions.quest and one final point on thet on legality which was that the government was arguing thatwhict there would be immediate harmmmh done if the ban did not go go into that effect. >> let's go back to what thehatt president just said. thesid here's the tweet tenht at justhe out with about 15 minutes anduta here it is again.gan. see you in court. cot. the security of our nation is s at stake and again when he agaiw says see you in court he'sth referring to the supreme court which as of right now if the yo want to go ideology history is deadlocked four-four and neilndl gorsuch is not going to end upn on the supreme court any time t soon because there's an entirene legislative process to go through. >> what happens if thatt happens smile as we were discussing democrats now have ne a very clear incentive totive t delay neil gorsuch'sgorch's confirmation. >> how do they do that nile. il >> by using very arcane senatese

were already instancesready in in recent days, jim, where the e democrats, for example,ats refused to show, up too committee hearings to try totryo delay things.det >> let's remember president r trump told mitch mcconnell look if you have to go nuemcemlu on this go nuclear which means e rather than a 60 votee majority, you could do thishi with 51 but or 50 votes and and have mike pence break the tie. e >> and just one more and pointnd just if i could.just if chuck schumer the democratic i leader in the senate hasmer already tweeted saying that president trump ought to seeu the writing on the wall wa abandon proposal roll up hisup sleeves and come up with aa real bipartisan plan to keepeep us safe so schumer there t suggesting that trump should shd essentially walk away fromawafrm this controversial order ander a come up with some plan that ispa more likely to elicitlicit agreement.ag >> that sounds good. how likely do you think tha ttha is to happen right now right no especially the way we've seen e things go the last three, fourth weeks. >> i think it's unlikely for atf couple reorasons one being o president trump's generalral temperament which is illis i disposed to backing away from

proposals. secondly of course the tweet that we have been discussingsc suggests that he's in no moodn to change his mine on this. t >> nile, it is always good toysd have you. thanks for sticking around.rond. we appreciate it. >> know problem. >> and we're back with more right after this.

>> welcome back. one of the big stories this week has been of course the confirmation, ethe the bas bee g confirmation hearings of jeffone session center city. elizabeth warren senator fseromm massachusetts got a lot ofhuseto attention. she was reading testimony fromis the latetimo coretta scott kinga letter that opposed when jeffedf sessions was nominated for a foa judgeship years and years ago. >> uh-huh. of course we know that senatehae leadership there the the republican leadership rebukedp e her and said she was violatingog the rules so they made her beheb quiet in the middle of thatdle t speechly there was a lot of outcry from a lot of differentoe people it sparked hashtags on on twitter. the #she persisted, #let lizl speak and since then we'vence t' seen that that continue, then voice of women, the voice ofhe people have been talking about that. >> and one of many voices toto

and co of the center forco of th global policy solue tions.ic good evening. >> good evening. >> all right.y so, tell us your take on whatont went -- what we saw this weeks k with elizabeth war again.eth waa >> we saw a u.s. senator beingtg shut down by her colleague on the floor of the u.s. senate.sea an event that happens apparently in historicali context only twice before in history. and it was over apparently the e reading of the words of coretta scott king, someoneg, sn who took a strong stancetron against senator jeff sessionssss now attorney general jeff jef sessions and who basically basi called him out for his whitehs supremacist views and for hishi history of voter intimidationimn in alabama. and so for senator warren to be shut down over a document det that had already been submitted into the senate se record and already been readbe into the senate record was a clear instance of gender bias. >> let me ask you just to play devil's

minute the rules are therethe rules. mitch mcconnell said she hasas been warned several times and that is why they did what they did. >> if the rules are they ththey, then why were her male were herl colleagues who read from thees r same letter not censured juste the same way.ay. why was senator ted cruz whoz ho called senator mitchlled senat h mcconnell a liar from the floor of thel senate notn penalized in the same way.zed in if the rules are the rules,rul, why do they only seem tosee affect or be applied to women.w. >> you say this because of bec what happened this is createdcrd a much bigger movement.mov tell us a little bit aboutittlei that. >> there's already a movement.m. this campaign was historic inhii terms of the level of misogynymy and antiwoman bias evidenced bi throughout the last two yearst s and women respect not takingt tg it. you saw all the women thatmen were out there on the mall andll in cities around not only justns the country but the world. we will not be turned back 100a0 years by these men who are claiming to be in charge.rge. we will not be turned

a time where we did not havet ve rights and women i think are wot not going to take any moreanre oppression, any silencing ofleng our voices and i want to say say that it wasn't just silencingi of the senator elizabethizabet warren's voice, it was the the silencing of our civil rights rs icon coretta scott king, that was her voice speaking from the grave and we need to bed toe just insistent on making sure all women's' voices are heard. e >> dr. moore thank you for coming in. we appreciate your perspective. >> thank you. >> we're back with more right after this. z27mkz z16fz

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>> welcome back.>> we're still sifting through the very latest ruling toildal a the federal appeals court outou on the west coast ruled that it will not reinstate donaldd trump's ban on travelers fromrsr seven predominantly muslim countries. untries. >> and president trump of pre course within mosiments of the decision beinghe handed down puu up this tweet which says see s you in court. the security of our yonation iss at stake. at stake we shall see.. again we're going back to the te fact that next

supreme court effectivelyect deadlocked because you still have that opening.ope we'll see what happens.at hp >> we'll be getting reactionrea throughout tonight.onig we'll have the latest tonight at 10:00 and 11:00 keep an eye on our facebook and twitter pages. fios is not cable. we're wired differently. which means we can deliver equal uploads and downloads. lcome to 8 and a half maple reet. it'half a house. and even though it only has half a kitchen, half the closet space and a half bath, it's a full house to the wilsons. because they have fios, their half house has full internet, with uploads as fast as downloads. don't pay for uploads that aren't up to speed. 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: jason derulo had a whole thing with american airlines. he wants to bring one of their pilots down. >> the pilot said i want [bleep] off my plane right now. harvey: there must have been an enormous disruption. >> but at the end of the day he made 200 people late to their destination. harvey: jason didn't turn the plane around. the pilot turned the plane around because they were being un-deruly! >> we got our armie hammer update. first off, he's a wounded bird. he's got his arm in a sling. >> how is it going, on the mend? >> yeah, slowly but surely. harvey: what happened? >> he tore his pectoral muscle. >> oh, my god, that's so sexy. [laughter] >> wale, he thinks trump is uniting the country.