♪ ♪. you know you love at 5at630. let's get to it. more fall-out from the decision to drop out of the paris climate accord >> as you can see this is the hottest story at 6:30, but before we get to that. we want to start with the news that the trump administration asked the supreme court to allow the president's travel ban that blocks entry from six muslim majority countries to go into effect. it marks the first test of travel ban in the highest court. >> the administration made this move last night. here now to talk about what the next steps may be is bruce spine, conit

bruce is always it is good to have you with us. let's talk about do we have to court as to whether or not they will accept the case? >> ordinarily, they're asking for a stay motion, which is a very high standard to meet. they're asking even before they have a full hearing, to determine whether the u.s. court of appeals for the fourth circuit was correct. they find there's sufficient probability that it erred to justify staying the order. the other element is ordinarily you ask for a stay when you have some demonstrated need for urgency. now, one thing that's very conspicuous about the litigation is how slow it's proceeded. for example, it has been true in the past, in very important cases involving the president, that the government has taken the opportunity to bypass

court of aappeals in toto and go and ask the u.s. supreme court to directly review the decision. i remember in the nixon tapes case that happened. but in this case, that wasn't done, there wasn't any expedited process, trying to bypass the courts' appeals, the issues have been in limbo for months. nothing has happened. so it's a harder case to make at this point for the need for some kind of urgency. there haven't been any terrorist attacks, there haven't been near misses. why do they have to go and have a premature decision before there's been a fool hearing >> how unprecedented is something like this? is it difficult to know how things will play out from here >> it is very difficult. on the other hand, the government, as ordinarily when they're representing the president, the supreme court gives deference to the president, an absolute deference. it would be, in my judgment, quite unusual for the court in this circumstance,

case has been litigated in the ordinary course from the outset and there doesn't seem to be overdemonstration of urgency for the court to decide prematurely to jump in and decide so quickly when the government itself has proceeded in the past in a very, i would say, slow or medium fashion. >> but bruce, let me ask you this: . when it comes to that urgency question. one of the things that the administration has continued to say is this is about national security. it is not about trying to keep muslims out of the country. it's about national security. isn't that argument implying that there's some urgency to this? >> yes. i understand the words. but why didn't the government, when they had the chance try to bypass the fourth circuit in toto and go directly to the supreme court? remember, with regard to the first executive order, they didn't seek to have the supreme court to review it whatsoever, went back, recrafted it. they haven't tried to put it on an accelerated basis. and the second thing that comes into play despite the words, what's

does it look like the six countries that have identified where the extra scrutiny will be supplied, they haven't had a national in the united states, be implicated in any anti-terrorism act for 40 years, is there demonstrated need in order not for the court to look at it carefully but to do it before there had full hearing and briefing on the merits. that's what the issue s and if we look at the court's decisions now with justice gorsuch who's had half dozen cases under his belt. it's not at all clear that you have even five votes even on thr here, if you look at their philosophical inclination, maybe it will be a tight vote in my judgment. depends a lot on how they respect former cases looking at freedom of religion and free exercise clause and establishment clause cases where they

not the test is to an objectiv observer would it appear, that the government was intending to favor or disfavor a particular religion. it's a pioneering case on that score. >> i want to make sure i understand. is there a possibility then that the supreme court might not even take this up? is that still a possibility? >> it is, but it -- it's very infrequent. when the president of the united states asks to be heard, the court ordinarily just out of equal dignity amongst the three branchs, it hears the case. it's not universal. but if the -- if the president asks for ordinarily, the court will at least give him a state in court. >> the president said he'd take it to the supreme court and indeed, they're attempting to do that. produce fine constitutional attorney. thanks for talking to us. let's get a check of the weather once again. hopefully it will stay this way, gwen tolbert with the latest on our weather.

>> it's looking pretty nice. it will be really mild tonight. you know what? we'll keep that warm mild weather continuing into this weekend. sky conditions not bad. we'll see partly cloudy skies for tonight. if you take a look at the north near mason dixon, we have a trough as you can see a little bit of clouds and precipitation activity. i can't rule out maybe we might get an isolated passing shower to our north northeast because of that before the night is over. so that's just one thing bears watching. other than that, things will be fairly calm and quiet around here. current temperature is 79 at dulles, 77 at gaithersburg and martinsberg, 81 at dc. 78 at baltimore. 80 at manassas. 79 at culpeper, and 82 degrees at fredericksberg. it's still fairly warm and if with your evening planner you can plan that things will be comfortable by the 9:00 hour, 68 degrees, and by the time we hit 11:00, still

with 67 degrees. overnight tonight, temperatures will be into the low 50's, and even low 60's in some locations. a little cooler to the north and the northwest with 49 at hagerstown, 53 martinsberg, 54 quantico, 52 manassas and 61 at dc. and your beach forecast if that's where you're headed, pretty active day sunday. chance of seeing an isolated storm or two pop up but a late day or maybe later than that you can get to enjoy most of the day, clouds and sun on saturday at 74, and water temperature, finally warming up. 64 degrees. a lot better than last weekend when it was cooler. tomorrow's planner then, we're talking 66 by the 8:00 hour, and we're warming up as i said by midday. here's a look at the seven-day forecast. temperatures into the 80's, not bad for this weekend. warming up to mid 80's on sunday once again with a chance for thunderstorms late an active day on monday, and tuesday with a

showers on wednesday before we start your dry-out. low 80's by the end of the week and temperatures into the 80's. enjoy your weekend, and as i always say be safe out there. tony? . one week away from james comey testifying on the russia investigation. >> we'll have that when we come back, you're watching 5at630. t630. >> the city will provide vouchers for security cameras >> the space craft back on earth. >> smiling because it's so beautiful out there. ♪ ♪

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y2cufy y16fy james comey will testify thursday speaking publicly for the first time since being fired kellyanne conway left open the possibility the president might block comey from testifying by invoking executive privilege. joining us is niles sta

from the hill. thanks for talking with us. what do you think is it a possibility that they will go down this road with executive privilege? do you believe, they will >> i would be surprised, sarah, to be honest, not because they don't want to or they wouldn't like comey not to testify. but i think honestly, to invoke executive privilege would be to invite controversy and to suppress his testimony i think that would be a problem. >> you go right to where i want to go next. there's going to be a follow-up. if they use the executive order or executive privilege, isn't -- why is that not obstruction of justice? >> well, they would argue that a president has the capacity to get private information and have private conversations with people and not have that disclosed in testimony. that, of course, is the basis of

executive privilege but the problem is president trump has tweeted and spoken about his conversations with james comey, so generally speaking, you can't on the one hand talk when it's to my benefit but suppress them when it's not. >> the special counsel has now we learned this shortly before going on the air, that the investigation that is going on does include the paul man fort case and may include attorney jeff sessions. that indicates this is moving out. there's some other to this investigation >> i think from the trump administration, it also points to the fact that this is going to continue for some time, because there are, as you put it so many tents kels, it wouldn't be wrapped up any time soon.

i'm sure with mixed met fors >> let's just say for argument sake if there was executive privilege being used, how would this affect the investigation moving further as we go along? would it really do anything to it? as you mentioned it would probably be more damaging in some way for him to be doing that. what would it really do to the investigation? >> i think one of the confusing things for many people, sarah, is that there are a number of different investigations into basically the same matter. so if james comey did not testify to the senate intelligence committee as scheduled thursday that would presumably delay or slow down their investigation. but the special counsel has his on powers, his own thing, and one would assume he will speak with comey if has not done so. of course, that will be private at least up until point for he announces findings and possible

charges if it goes that >> i don't want to make too much about the executive privilege thing because hasn't happened. you say it would bring more criticism and speculation. i'll tell you how i took it when kellyanne conway, she seemed to float it, this morning on good morning america, that seems to me it's like a balloon, how would people respond if we did do this >> i think that's a great interpretation and i think we see the trump administration do that from time to time with various issues. seems to be holding the prospect out there. let's see just how much criticism it gets, because i can't honestly believe that this has not been talked about somewhere in the administration, given that comey is such a major figure. and his says is now scheduled for less than a week away. seems very unlikely that no one discussed these things at all >> let's talk little bit bow bow comey

there's been sources that have come out indicated as to what he will say, that the president supposedly did try to influence or get him to stop the investigation into the russian med delling. if he does say those things if he admits to those conversations, where does that he didn't investigation move from there? what happens, i guess? what sort is the step after that? >> this is a great question, because, of course, whenever we're talking about a congressional committee, we're not talking about a probe that could potentially for example bring criminal charges or even, you know, impeachment proceedings, were it to get to that level or launched from the senate they come from the house of representatives first. all it would do, really, sarah is add more fuel to the political fewer around this, obviously, democrats would be pretty outraged if comey does

at the president, not at comey. so there would be just this continual build of the political fire storm that's surrounds this issue >> from watching the footage of comey i want you to answer this question. how tall is comey? >> i think he's 6'7". >> he's pretty tall. >> niles stand itch, good to have you on the show. >> we will continue the 5at630 when we come back. employees doing the job. and now, dominion energy is investing $15 billion to build and upgrade our electric and natural gas infrastructure... creating jobs now and for the future. across virginia, we're building an economy that works for everyone and dominion energy is helping power the companies that power our economy. tom we

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that's president trump at the rose garden announcing that the u.s. would in fact withdrawal from the paris climate accord. following this press conference, some gop lawmakers praised the move while many world leaders were quick to criticize the decision. scott pruitt the head of the

joins spicer for the white house press briefing to defend the president's decision. here's some of what he had to say >> the discussion the president and i have had have been focused on is paris good or bad for the country? he determined that was bad for this country. it hurt us economically. doesn't achieve good environmental outcomes and he made the decision to reject the paris deal. >> joining us to discuss this is lg senior director for strategic planning with the environmental defense fund, thank you for coming in and talking with us. i'm sure this is something that is not obviously what do you want to hear but this also is a campaign promise that the president had made. what is going to happen from here on out? this is a lengthy process from what i understand, it's not if not an immediate withdrawal >> it is lengthy and of course we are disappointed. on the other hand, i think the rest of the world is going to move on without it, quite

frankly. quite apart from what the environmental movement feels about this, which is deeply dsappointed. is the question of whether or not the president is even going to come close to what he thinks he's going to achieve by rejecting this. specifically, what i mean, of course, is jobs in america. and i think he's moving in exactly the wrong direction with this decision. >> explain why that is. because i'm going to take the position of some of the president supporters here, they're saying, hey, this is great.pwe're going to keep some these jobs or get back some of these jobs that we lost, talking about coal job, fossil fuels and that type of thing. how do you address that >> tony, the president latched on to all kinds of, if i may say so, nonsense that sort of came up from scott pruitt and others about what the impacts would be on america. and he was wrong, for example, there are no tariffs on america as a result of the

accord. there's no punishment, enforcement mechanism against america that's possible. these are individual country decisions, including for the united states, to come up with their own targets, and then voluntarily meet them. all of this notion that the rest of the world was somehow gang up on us, i think is nonsense, but to go directly to your question, i think all you have to do is take a look what's happening here in america. yes, we're -- we do develop lots of oil and gas in america and we've been developing more of it. but at the same time, what is really taking off in america is the renewable clean energy world so that we have just look at solar, for example, we're creating jobs in the solar industry at a rate 17 times greater than the economy is growing as a whole. so our view is that the

backwards, and not showing the international leadership that's so important. in fact, we think it's a retreat that leaves these other countries like china in a position to capital lize on the new clean energy industries of the future. >> the president has been indicating that he would consider renegotiating would like to reenter the paris agreement. is that even possible? would other countries animal that if he's looking at coming back in and renegotiating the terms of it >> we're a big player in the world, the second largest admiter of greenhouse gases but on the other hand, every other country in the world, say libia and one other has joined this accord and agreed that they would make an effort together and

will be asking tough questions about whether or not it makes any sense at all to start all over again just because this president responded to what he thought was a politically attractive move to grandly withdrawal from the agreement. in fact, he referenced that he was standing up for pittsburgh instead of paris. nice logical turn of phrase. except for the mayor of pittsburgh today announced that this is exactly the wrong thing for america. so we're going to see various states and cities all across america moving ahead on their own, joining forces with foreign countries. it's going to be awkward. it will be bizarre. and meanwhile i think our american industries are going to be sitting on the sidelines, wondering what in the world got into the president on this one. >> we should, in fact, mention that a number of mayors, i believe governors as wellav

said maybe the u.s. will pull out of the paris accord but we'll continue to follow that accord. >> thank you very much. for joining us from the environmental defense fund. we appreciate it. >> my pleasure. something cost quite a stir on social media, the president tweeting the word -- i don't know if we decided covfefe. >> come on. haven't you figured it out by now? the latest on the popular word, if you can call it a word. how it's making the move to gaming. 5at630 will be right back. award winning design. award winning engine. the volvo xc90. the most awarded luxury suv of the century. visit your volvo dealer to take advantage of our midsommar sales event offer.

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what a great smart tweet >> mr. trump we're in are a security briefing >> i know but this could not way. it was from a young man p and i really did retweet him.

>> alec baldwin brought high ratings to snl and recently raised record money for democrats in new jersey. the actor brought in over $5 million during a fund-raising event. it is believed to be the most raised by either party in state history. alec baldwin will be around awhile have you got and over the covfefe? well, now, you can use the word if you play words with friends. >> the popular mobile web game added covfefe to its list of playable words. they define it as the amount and quality of reporting when auto correct fails you at 3:00 a.m. social media went wild. press secretary sean spicer told reporters the president and a small group of people knew exactly what he meant and wasn't concerned with the president sending late night tweets

i guess it's a word. >> that's it for us for tonight. >> we'll see you back at 10:00, 10:30 and 11:00. have a good weekend. introducing the italian collection from subway. head in now to grab the five dollar footlong spicy italian. loaded with salami and pepperoni. for a limited time, the spicy italian footlong is just five dollars. it's a big value for even bigger flavor. only at subway.

announcer: today on "tmz" -- harvey: so rihanna is the queen, right? but rihanna bows to someone, it turns out. >> rihanna was at the nba finals cheering on lebron. she walked out of her seat and just bows down to him. harvey: that's kind of a distraction. if i were a cavs' fan, i would be pissed. >> so there's no way they just weren't as good as the warriors. has to be like an excuse. harvey: if jason momoa were standing here, would you be distracted? >> i'm distracted right now and you just said it! >> kathy griffin had this news conference where she explains she feels bullied by the first family. >> i'm going to be honest, he broke me. he broke me. harvey: she went on say it wouldn't happen to a white guy, it's misogyny. marilyn manson did worse and got away with it. >> we also note she's 5'6", 110 -- also, very important to note, she's 56 and 110 pounds.