next up is betsy devoss, the nomination for education secretary. we're expecting a vote in the senate on monday morning. and at this point, two republican senators say they will not vote for betsy devoss. that means that vice president mike pence will likely come in and break what is expected to be a 50-50 tie. people are expecting that nomination for betsy devoss for education secretary to be confirmed because of that vote by vice president pence. jessica schneider, cnn, palm beach, florida. >>> cnn's political analyst ron brownstein joins us live from los angeles. he is also the senior evidencdir "the atlantic." let's start with the tweets president trump posted over the weekend, attacking the judge in washington state. have you ever witnessed the head of the executive branch going after the judicial branch so publicly, and whew migat might signal? >> no, the analogy people sometimes use is almost 200 years old, president jackson, reportedly said of a decision by john marshall, mr. marshall has made his decision, now let him enforce it. i think t

that's controlled by the betsy devoss of the world, the commerce secretary. it's those things, the epa that are not laws but just regulations out there of which we have, like, 80,000 pages of federal register that are slowing it down. so on the one hand, yeah, i want congress to get working but what you know? i think we're going to be in this muck for a long time, as long as we have two parties. trump can do a lot of things now once he gets his cabinet secretaries in place and as denene pointed out, it will be a little bit slower than other administrations, but it will get done. that's why i'm optimistic. dagen: but donald trump, the president has had to do things without those cabinet secretaries being in place maybe to the administration's detriment, the country's detriment. whether it's the iranian sanctions with no treasury secretary. moving ahead with are he peel and replace obamacare. the travel ban put in place before jeff sessions was even confirmed. >> i don't think we can blame the travel ban on the fact that jeff sessions. dagen: i'm not doing that

. >> some of the voted no on betsy devoss, scott pruitt, and jeff sessions. feinstein said the office has received 1 million phone calls with respect to the president's cabinet choices. >>> talks to repeal the affordable care act may be leaning to a boost of people wanting it to stick around. 48% of the people view the health care law favorably. that's the most support in seven years. 1100 adults were included in the survey. it may be due to lack of replacement plan. >>> a legal battle between google self-driving car business and uber. in a lawsuit in san francisco, the business spun out of google parent company said uber stole its technology. alleging the file was taken by a former google employee. the ride sharing company put that former employee in charge of the self-driving products. uber said it's taken the matter seriously and reviewing the allegations. >>> j.c. penny will close up to 140 stores across the country and offer buyouts to thousands of workers. j.c. penny struggles to compete. other department stores like macy's and sears are facing similar

. >> feinstein opposed betsy devoss, scott pruitt and jeff sessions. feinstein said her office has received more than 1 million phone calls. >>> earlier this week cameras were rolling as police arrested a student accused of stabbing a principal at a school in berkeley. some wondered why police didn't handcuff him. henry lee spoke to 1 of the officers involved and she had an interesting response. >> the student suspected in the case is autistic. the young man allegedly tried to kill the head of his school, the officer treated him with sensitivity and concern. >> you may remember this video shot by ktvu. angel juarez was detained. he's walking freely with this officer near the i-80 free on ram: we asked the officer about her tactics. >> sometimes doing less is more. i wanted to make a connection with him verbally and he was complying. we didn't need to escalate the situation. >> she's one of the first berkeley officers to go through crisis intervention training. >> the big thing to note. >> we showed the video to the head of the berkeley police union. th

betsy devoss is expected to tas confirmation on tuesday.ocrats are hoping for a third republican. >>> more than 100 companies from silicon valley have joined together in filing a brief to support the legal fight against the order. here's kyunh lah. >> reporter: this is a number of companies. recognizable ones like apple and google and intel. to start-up companies. they feel that the executive order violates immigration laws and the constitution. and this brief also signals the deep level of animosity that silicon valley has to the executive order. many of the tech companies are established by and are run by immigrants. they rely on immigrants, in many cases as their employee base. and they've seen the employees pushing their ceos, having protests on the front lawns of the corporate offices, to push the ceos to do something more definitive. so, this legal brief is one definitive move. but we saw a public definitive move. during the super bowl there were a number of commercials that celebrated multiculturalism. many of the ads were paid for b

questioned the hearing by my colleague senator franklin, it was clear that the divorce did not betsy devoss did not know the difference. >> iraqi soldiers blood were mixed with the american soldier bloods on iraqi soil we appreciate there is exception for the minority, but it is unjust and unfair to enlist iraq as a country that's considered terrorists. >> senator tim scott reflects on his hometown of charleston south carolina. >> it was in my home city of charleston where the civil war began. it was my home city where nearly 40% of all the slaves they came to america would come through charleston, south carolina. it was a charleston that came up with the concept written into our constitution. >> members of congress conduct a panel on opiate abuse. >> because it's difficult to understand why someone would keep on doing that one of their mother overdosed is that being said to equivalent deprivation. it's extending the message that if your donate you're not going to survive. it puts your brain in a state of emergency where you will do anything to get the drug. that's needed to survive. >> jim

betsy devoss is promoting charter schools for more than 20 years.or unions fiercely oppose her saying she's trying to take apart public education. the confirmation vote in the u.s. senate is monday. educators plan to meet at noon, today at the fairmont hotel in san jose. >>> coffee shops across the nation including some here in the bay area are raising money for the american civil liberties union, or aclu. our partners at hoodline report that the coffee roasters in the outer sunset is one of the participating locations. they're providing these postcards to send to senators dianne feinstein for leading the fight against the travel ban. all donations to andytown will be given to the aclu. >> specifically the country of yemen is credited for being the export point of coffee for the western world throughout history. it's really important for coffee shops to get together to stick up for immigrants from all over. >> andytown hopes to raise $500 in donations over the next week. >>> cover california is giving consumers who tried to enroll for health insuran

coming up at six the big victory this morning for secretary of education nominee betsy devoss. >> firsthat means jobs for 700,000 people here in the united states. >> good morning. it's raining out there. we have a lot of crashes and driving conditions aren't greatf. you have the luxury of putting off you may want too for a bit. >> there are so many areas of heavy rain. ly focus on one here. lafayette to concord. walnut creek. watch through here. right there is what came down. that's heavy where you see the red. at ikea, we believe everyone should be able to afford a well organized closet. mama, my throat hurts. and a few extra minutes in the morning. you've got ten more minutes. make room for what matters. at ikea, we believe everyone should be able to afford a well organized closet. mama, my throat hurts. and a few extra minutes in the morning. you've got ten more minutes. make room for what matters. ? a bay area businessman will be in houston to seven up his speciality hot dogs before sunday's big game. we talked to the man who is also helping those less foreign. here in bay area. >>

was a fierce debate over betsy devoss. shipment is he one of the worst no, ma'am nye that has been brought before this body for cabinet position. >> she will be a great many indication secretary in my judgement. >> reporter: this sets up a final vote on her nomination early next week. a vote so tight that the vice president may have to be the tie breaker. >> only one more vote needed to stop this nomination. please, please we can find someone so much better. >> reporter: today's actions continue trump's break neck pace of filling what we he promised on the campaign trail. a new poll shows that 47% of americans believe he is going to fast. another 345% believe he is doing just fine. fox news. >>> bay area congresswoman jackie spear has introduced legislation to require the president to restore public telephone access at the white house. a public comment line that used to be he open was closed under the trump administration and instead it refers callers to make a comment on the white house website. spears said the white hous

the possibilities are tightening for betsy devoss. >> you can not support this nomination. >> reportero gop senators announced wednesday they will not vote for her confirmation. three other nominees progressed toward the final confirmation vote on wednesday as well despite democrats efforts to hold up trump's picks for his secretaries of pick. the new secretary of state was sworn in and inherited iran's behavior. >> instead of being thankful to the united states in these agreements iran is emboldened. as of today we are putting them on notice. >> reporter: on the southern border homeland security john kelly is getting a first land look at the challenges for his border patrol agents and said that he hopes to have the wall built with in the next two years. >> i would like to think it's beneficial on both sides and boy like to work closely with the mexicans. >> reporter: the president will attend the national prayer breakfast with the advice president and the king of jordon. in washington. fox news. >>> we are also now hearing some new details of the phone call between the president and p

knees, tommer texas governor rick perry for energy secretary, montana congressman ryan zink, and betsy devoss forearming indication secretary. now the nomination also go to the full senate. >>> starting today selected reporters across the country will be able to take part in the white house press briefing using skype. the press secretary takes the pod numb why the at 10:30 he will field questions reporters in the room but it'll always be he with four others in ohio, ria and kentucky. they will talk by skype. the administration said that the seat also allow news outlet that normally don't have white house access because of their location to participate in the briefings. >> interesting. >>> bomb threat across the country have religious and community leaders nervous this morning. we will tell you about threat that are aimed at jewish community centers coming in waves. >> and the wife of the pulse nightclub shooter due in an oakland court today. the push by family and friends to get already out of police custody. >> good morning. east bay drive getting busy now. you can see highway 4 is crowd com

. >>> and the united states senate has confirmed betsy devoss. was confirmed after mike pence broke a 50/50 tie. this is the first time that a vice president's vote has ever been needed to confirm a presidential cabinet appointment. two republicans voted against devoss. democrats fought her nomination say she go he was not qualified and that she lacks experience dealing public schools. they held the senate floor for 24 hours trying to sway republicans. >> giving her history of supporting policies that undermine traditional public schools and the communities that they seven i do not think she would act in the best interest of american students. >> the president called her a reformer. she is a billion area and gop donor who has supported charter schools and school vouchers. >>> democrats came out the just a few minutes ago to affirm their stance on protecting the affordable care act. the house minority leader said without obama care republicans and the trump administration don't have any ideas on how to improve quality of care, expand access or red

. >> the president's controversial nominee to become the education secretary, betsy devoss, the voteosed to be tomorrow in the u.s. senate, but i think democrats are looking for ways to delay it again? >> they are really putting the pressure on, and we are seeing activists around the country dialing up their outrage to senators offices both through emails and phone calls. this is going to be a really big test for this administration. this is not a fight they anticipated. there were other cabinet nominees that i think were actually -- they thought they were going to have a harder time. i mean, i think that her nomination has come to symbolize something that many on the left have really recoiled at this notion that he sort of is going against even his drain of swamp pledge. this is someone who was a major donor, who doesn't have experience in the schools and the fact that she is then put up for the highest office to oversee education is really earned a huge backlash. >> two republicans are going to vote against her confirmation. that sets the stage for a 50-50 tie, which the vice presi

>> betsy devoss said i'm looking at a couple of obama administration policies, one whether for profit colleges would get enough federal funding based on whether enough students were getting into the employment force. also one that that did to do with sexual assault on campuses. she said it was premature to commit to following through on a more aggressive adjudication process for campus sexual assault. >> glor: as you've reported on and seen, a lot of concern from pool advocates over what the incoming secretary might do. do you have any indications beyond what we just talked about here about how betsy devos might navigate those waters and what she might do? >> she has some options but most end with congress. congress has really offered a limited appetite as far as going forward on for example school vouchers. in 2015 they approved an overhaul of the education system that didn't include vouchers thursday indicating a limited appetite for them among lawmakers and, really, she's going to have to come to congress if she wants a lot of approval for her plans. she can do some things through

the strategies they implement, the betsy devoss implement result in this failing system in michigan that has a -- quote -- laughingstock in national education circles, with no accountability for improving the schools and no accountability for shutting them down. if anyone was running a private business with no accountability, that business would fail, but when it comes to squeeze money out of the public system, they are opportunists. we say oh, here's something. i don't care much about public education, but i sure see an opportunity, i smell an opportunity for profit right here. i can squeeze that school and i can make a lot of money. that person belongs nowhere near our public education system. there are other things that concern folks. in 1983, betsy devos' family funded the creation of the family research council. f.r.c. is known for its incendiary anti-lgbt agenda. it's known for its promotion of junk science, claiming a connection between homosexuality and pedestrian -- and pedofilia. the f.r.c. thanks on its web site the devos and prince families in michigan for establishing its d.

in a letter that was sent out by education secretary betsy devoss she said that she considers thee protectionincluding lgbtq students a key y priority but she did note several leak challenges to thest previous guidance and said thedt issue is best left to states. [ applause ]plause ] >> reporter: protesters didn't d waste much time gathering out ii front of the white house last l night to dee cry the latest movv by the trump administration.. >> all children in this countryt and this great country of ours r should have the right to education, to happiness, to a safe home. .>> reporfeter: at administratio changed guidance to local schooh districts which strongly stron suggested allowing transgendernr students to use the bathroom ofo their choice. ce. not a law but schools risk federal funding and potential lawsu change was a top agenda item. i >> it's not a priority.y. there's a case pending in theg supreme court in which we havee to decide whether or not toor no continue to issue guidance toato the court. cou it's not -- it's dictated night. >> reporter: despite protestssts public opinion poll

look at the capitol where candidates want to get one more republican to vote against betsy did he voss. she says devoss lacks experience and showed that she's not willing to prepare for the job. >> our country needs a secretary of education who demonstrated basic competency when it comes to issues facing children. they just need to know what they're talking about. >> right now, the 100-member senate is split 50-50. vice president mike pence will cast the deciding vote if there is a tie. the vote is expected to come tomorrow morning. >>> an honor today for president ronald reagan 106 years after he was born. >> the reason some california lawmakers are upset about what the governor said today. plus -- >> it's really hard. the struggling college student thing is the truth. >>> the struggle is real. but getting a little better and a little bit easier in san francisco. the historic announcement from the first free city college in the country. >> i'm really at a loss for what to do right now. >> you know, he's been in business for decades. it could all end within days. his story and how you can help coming u

look at the capitol where candidates want to get one more republican to vote against betsy did he voss. she says devoss lacks experience and showed that she's not willing to prepare for the job. >> our country needs a secretary of education who demonstrated basic competency when it comes to issues facing children. they just need to know what they're talking about. >> right now, the 100-member senate is split 50-50. vice president mike pence will cast the deciding vote if there is a tie. the vote is expected to come tomorrow morning. >>> an honor today for president ronald reagan 106 years after he was born. >> the reason some california lawmakers are upset about what the governor said today. plus -- >> it's really hard. the struggling college student thing is the truth. >>> the struggle is real. but getting a little better and a little bit easier in san francisco. the historic announcement from the first free city college in the country. >> i'm really at a loss for what to do right now. >> you know, he's been in business for decades. it could all end within days. his story and how you can help his stor

a source says education secretary betsy devos reminded the president they both promised to protect all students. devoss issuing a strongly worded statement saying this is not merely a federal mandate, but a moral obligation no individual school district or state can abdicate, reassuring her department will investigate claims of discrimination, bullying and harassment against those who are most vulnerable in our schools. the new guidance rejects the inclusion of gender identity and the interpretation of title nine, the federal law that bans sex discrimination in schools. hundreds gathering outside the white house to protest. one of the performers at the president's inauguration who has a transgender sister tweeting mr. trump, you gave me the honor to sing at your inauguration, please give me and my sis the honor to meet with you to talk transgender rights. so this is a very controversial issue. it is a very divisive issue, and it's not over yet. in all likelihood the courts are going to get to decide this. there is a case pending before the supreme court. chris and alisyn? >> the grim case is coming. me

betsy devos from entering jefferson academy to meet with students. as she walked up to a door. a group of protestors blocked the way to keep her from going inside. protestors don't want devossencouraging market based reforms saying vouchers hurt schools by decreasing funding. >>> still to come here. a man walks up to a girl scout selling cookies and cursed and showed a gun. he took off with their money. coming up, the surprise from an east bay police department even though they haven't found a suspect yet. >> plus week plans in the sierra may be on hold. not snow but mud canceling plans. >>> tracking the showers. a few off shore. you can see beautiful sunset. the weekend is coming up. i will let you know how warm. >>> the recent rain that left reservoir near capacity. anderson reservoir is at 94 capacity. the dam needs to be retrofitted for safety. the dam could collapse in a quake from the weight of the water if it is above 58% of capacity. there has been so much rain in the santa cruz mountains, the lexington reservoir, southwest of las gatos is at 104% of capacity. this is video captured from sky fox showing how high the water level is. water is spilling out of the reser

on the devoss case, i agree her gun position is kind of weird, kind of crazy, but i do think she knows about public schools. the reason the betsyos case was the centerpiece case for the democrats was not about her weakness as a knowledgeable person and educational policy. she cares about charter schools which are public, and choice which is a perfectly legitimate thing to care about. it's one issue where the democratic base was energized which is the teachers unions. people ask why not devoss and others, it has to do with special interest groups that run out of washington. would she be my first pick? no. is she someone who dedicated her life to education policy? yes, she has. i've seen her present on education policy a few times, and she's not a stupid person. she's quite a smart person, capable, pretty sophisticated in subtle thought and to me that puts her in the realm of policy. but we're in a climate where today she tries to visit a school and she can't because protesters are blocking that. that's what i mean about the rising tide of incivility that's sweeping over politics. >> that was wrong. she should have been allowed t

and that means that betsy devoss would be confirmed as