district judge, derek watson says the pause on issues visa's from six muslim majority countries is on the basis of religious discrimination. they comment he made in february when he told fox news the travel ban is just like the first one. >> one of the big differences you are going to see is it is responsive to the judicial ruling, which didn't exist previously. they are minor, technical differences. fundamentally, you are going to have the same basic policy outcome for the country. in terms of protecting the country, those basic policies are going to be in effect. >>> also in the ruling, the

take a look at the judge, federal judge derek watson issued the revised travel ban, in just a few hoursgo into effect at midnight eastern. judge watson argued his state would sever due to its muslim population with tourism and foreign students. 13 states including california, new york, the district of columbia filed paperwork indicating they would file a private support brief in support of hawaii meaning they felt the same. last night at the rally in nashville president trump blasted ruling saying this was unprecedented judicial overreach. >> talking about the safety of our nation, safety and security of our people, this ruling makes us look weak which by the way we no longer are. just look at our borders. >> reporter: according to a new fox news poll on trump's executive order and immigration 42% of those polled say they feel safer, 43% feel less safe and 24% say they felt no difference. the latest version of the travel ban has more details on national security concern and moved iraq from the risk of restricted countries which include iran, libya, somalia, sudan, syria and yemen. prote

district judge derek watson argued that the new order would harm hawaii's muslim population and tourismtry, and he said it violates the u.s. constitution, which prevents religious discrimination. the executive order would temporarily bar the entry of most refugees and travelers from six muslim majority countries. trump has said the policy is necessary for

derek watson further blocking the government from restricting noncitizen travelers from six muslim majorityes. in seattle mayor ed murray announced he is suing the trump administration over threats to withhold federal funds from sanctuary cities who refused to cooperate with federal immigration officials, that brought several sanctuary city mayors and police chiefs to washington for a meeting with john kelly seeking to find some common ground. >> it is absolutely untrue that our priorities anything other than keeping our communities safe. we don't have the resources to be the immigration police, nor would that benefit the population, nor will that be proven. >> we cooperate with ice, make sure we are aware of who is in our custody but we do not prosecute based on immigration status. >> first priority is to keep the bad guys off the street. cutting funding, taking resources away and threatening makes the problem worse, not better. >> this means there is certainly a national debate about sanctuary cities and this is all about safety. we will hear a lot more about it and head for what would be

district court judge derek watson prevented him from going into effect at least for now.e court if necessary. the president will release his first official budget proposal today includes $2.6 billion to build a wall along toward her. the $1.1 trillion spending plan would slash a dozen departments including state department and environmental protection agency environmental protection agency. canada goose getting a warm reception as ipo, the maker of luxury park is priced at shares under $13 higher than expected and that raises $255 million for the company. you can watch that opened today here in the fox business network. futures higher than yesterday games. s&p futures outside. lauren, that's happening now. lauren: thank you, nicole. $1.3 trillion budget proposal an hour from now. a significant amount of money to boost defense spending. let's talk about it with peter morici professor at university of maryland. this is transfer shot at the budget. what do you think the biggest challenges and critiques will be? >> certainly democrats on the hill and republicans will be criti

trump said judge derek watson's decision to block the ban was judicial overreach and he pledges to appealon to the u.s. supreme court if necessary. judge watson, meanwhile, is receiving support from across the country, including praise from the attorney general of his own state. >> i don't think that judge watson was necessarily overreaching since there is precedent for the courts to be able to look at the context. context matters. in other words, that is something that the u.s. government has been arguing, which is that the only right thing to do is to look at the four corners of the document to see whether or not there's neutral language. unfortunately for them, the supreme court has disagreed with that proposition and has told judges that the right thing to do is actually to look at what is going on behind the curtain. >> well, meanwhile, five republican appointed judges on the ninth circuit of appeals are signaling their support for the president's new travel ban. this is the same court mr. trump has repeatedly criticized in the past. in the statement, they said, whatever we as indivi

district judge derek watson said the 90 day pause on issuing visas from six muslim majority countries is religious. he told fox news that the new travel ban would have the same effect as the old one. at a rally in nashville president trump was defiant. >> a judge has just blocked our executive order on travel and refugees coming into our country from certain countries. this ruling makes us look weak which, by the way, we no longer are, believe me. this is a watered down version of the first one. this is a watered down version, and let me tell you something, i think we ought to go back to the first one, and go all the way, which is what i wanted to do in the first place. >> meanwhile, the department of justice writes in part the president's executive order falls squarely within his lawful authority in seeking to protect our nation's security and the department will continue to defend this particular executive order in the courts. >>> for the first time the house speaker is acknowledging there will have to be changes to the plan he's sketched out with the white house if it's going to ma

that's thanks to this 43 page decision by federal judge derek watson zeroed in on a debate that raged across bars and gathering places around the nation before ever arriving in court tonight. did the president tough enough border security or did he double down that campaign pledge to target muslims for their faith. tonight, judge watson, the court did not need to listen to trump's critics. it only needed to listen to the administration. >> it includes significant and unrebutted everyday of religious animus driving the promulgation of executive order and its related predecessor. >> watson was nominated from president obama and graduated the same year as president obama, 1991. >> he elaborated on the alleged sources of his explosive allegations that president obama wiretapped him. >> i have been reading about things. i think it was january 20th of new york times article where they were talking about wiretapping. >> why not wait to tweet about it until you can prove because it devalues your words because you cannot provide evidence. >> the new york times wrote about it. it is not that i

. >> derek watson, a federal judge in hawaii, ruled that executive order amounts to discrimination, writingble objective observer would find it intends to disfavor a particular religion. >> hawaii was the first state to file suit against the president, but the battle is nowhere close to being over. >> trevor: damn! hawaiian news is (bleep)! look at that guy! evening the local news looks like a tourism ad. i bet that studio is just floating on a surf board the whole time. we think it's indoors. ( laughter ) the anchor is, like, for channel 4 news, shakah brah! ( laughter ) so a hawaiian judge blocked president trump's new travel ban. people in hawaii have been waiting, they have been waiting to stick it to trump for a long time now. i bet the judge was, like, hey, you know that birth certificate you were looking for? got it right here. i found it. ( laughter ) not like this is going to change how donald trump feels about them. donald trump never liked hawaii. i don't trust coconuts, they stole my look! i don't like it! ( laughter ) so just a recap, the judge blocked the latest travel ban bec

judge derek watson says the 90-day pause on issuing visas from six muslim countries amounts to religious discrimination. the judge says he can't turn a blind eye to mr. trump's campaign statements and intention to ban all muslim immigration. so for now, nothing changes. the original executive order was already blocked so the u.s. will continue granting visas from the six countries. no comment from the white house but the government will almost certainly appeal. >> pete williams with that breaking news tonight, thank you. >>> let's circle back to the top story the yahoo! hacking case. with the serious cyber breaches we're seeing that seem to be happening more and more often, how do you protect yourself from criminal hackers after your personal information? nbc's gabe gutierrez has strategies you need to know. >> reporter: there's no indication the russian hackers used the stolen user information to commit mass identity fraud and prosecutors say they only spied on specific high-value targets. instead they launched spam marketing schemes which may have caused some people to see unwanted ads

district judge derek watson issued a temporary restraining order against two key parts of measure, including the ban on immigration and travel for citizens from six prominently muslim countries >> we felt it was discriminatory and a violation of the constitution. >> the state of hawaii challenged the order. arguing it would harm foreign students and muslim populations. the president mentioned legal defeat during a campaign style rally in nashville >> we're going to fight this terrible ruling, take our case as far as it needs to go including up to the supreme court. >> at an earlier stop in michigan he promised cheering auto workers he would review tough fuel efficiency standards imposed by the obama administration >> we want to be the car capitol of the world again. we will be. and it won't be long. believe me. >> while the president was out of town, lawmakers continued to chase down his charge that former president obama spied on him. so far, mr. trump has provided no evidence >> i don't think there was an actual tap of trump tower. >> the president finally broke his silence. >> wire tap co

district judge derek watson argued that the new order would harm hawaii's muslim population and tourism industry, and he said it violates the u.s. constitution, which prevents religious discrimination. the executive order would temporarily bar the entry of most refugees and travelers from six muslim majority countries. trump has said the policy is necessary for national security. his first travel order signed in january was also halted by a federal judge. >>> switching gears, ral reserve have decided to raise the key interest rates, ai uchida joins us with details from our business desk. the fed officials seem confident about the u.s. economy, the steady growth it's seeing? >> absolutely. >> what do you have for us? >> certainly seems that way, catherine. this is only the third time in a decade that they are hiking the benchmark rate, and it's the latest move will be the first since donald trump stepped into the white house in january. analysts have been trying to assess how the u.s. central bank is going to respond to the president's economic policy. fed chair janet yellen spoke at the

district judge derek watson ruled it discriminates on the bases of nationality and would harm hawaii tourism industry. >> the fact that there was make language more neutral it showed they were trying even harder to mask what was a religious animus. >> reporter: justice department quickly blasted ruling as flawed, both in reasoning and in scope. adding that the administration will continue to defend this executive order, in the courts >> this is a watered down version and let me tell you something i think we ought to go back to the first one and go all the way which is what i wanted to do in the first place. >> reporter: legal setback came on the same day president finally addressed his twitter claim that president obama wiretapped trump tower during the election. >> why not wait to tweet about it until you can prove it. >> new york times wrote about it. other people have mentioned it when i say wiretap those word were in quote. >> reporter: president says had administration will present more information over the next two weeks about the unsubstantiated charge. hanna daniels for cbs-3

. >> derek watson, a federal judge in hawaii, ruled that executive order amounts to discrimination, writing a reasonable objective observer would find it intends to disfavor a particular religion. >> hawaii was the first state to file suit against the president, but the battle is nowhere close to being over. >> trevor: damn! hawaiian news is (bleep)! look at that guy! evening the local news looks like a tourism ad. i bet that studio is just floating on a surf board the whole time. we think it's indoors. ( laughter ) the anchor is, like, for channel 4 news, shakah brah! ( laughter ) so a hawaiian judge blocked president trump's new travel ban. people in hawaii have been waiting, they have been waiting to stick it to trump for a long time now. i bet the judge was, like, hey, you know that birth certificate you were looking for? got it right here. i found it. ( laughter ) not like this is going to change how donald trump feels about them. donald trump never liked hawaii. i don't trust coconuts, they stole my look! i don't like it! ( laughter ) so just a recap, the judge blocked the latest trav

district judge derek watson issued a temporary restraining order against two key parts of measure, including the ban on immigration and travel for citizens from six prominently muslim countries >> we felt it was discriminatory and a violation of the constitution. >> the state of hawaii challenged the order. arguing it would harm foreign students and muslim populations. the president mentioned legal defeat during a campaign style rally in nashville >> we're going to fight this terrible ruling, take our case as far as it needs to go including up to the supreme court. >> at an earlier stop in michigan he promised cheering auto workers he would review tough fuel efficiency standards imposed by the obama administration >> we want to be the car capitol of the world again. we will be. and it won't be long. believe me. >> while the president was out of town, lawmakers continued to chase down his charge that former president obama spied on him. so far, mr. trump has provided no evidence >> i don't think there was an actual tap of trump tower. >> the president finally broke his silence. >> wire tap co

district judge derek watson ruled it discriminates on the basis of nationality and would harm hawaii's tourism industry. >> the fact there was such [ indiscernible ] makes the language more neutral shows that they were trying even harder to mask what was a religious animus. >> reporter: the justice department quickly blasted the ruling as flawed both in reasoning and in scope adding that the administration will continue to defend this executive order in the courts. >> this is a watered do rsion and let me tell you something, i think we ought to did back to the first one and go all the way which is what i wanted to do in the first place. >> reporter: the legal setback came on the same date president finally addressed his twitter claim that president obama wiretapped trump tower during the election. >> why not wait to tweet about it until you can prove it? >> the "new york times" wrote about it. other people have mentioned it and don't forget when i say wiretapped those words were in quotes. >> reporter: the president says his administration will present more information over the next tw

the indefinite block on the president's revised immigration border one day after district judge derek watsondiscriminates against muslims but the trump administration claims it is necessary for national security. a navy veteran says crooks are using his picture to leave hundreds of women heartbroken and stripped of cash. someone plastered his image and dating apps under the name -- navy and looking for love. he only found out about it when a hysterical woman approached him at a mall asking why they broke up, he is trying to get the fake account removed but they keep popping up. california college in legal trouble over its crackdown of the constitution. kevin shah in pierce college claiming he was prevented from passing out pocket constitutions in a free-speech zone. the school claims he was outside the zone and didn't have a permit, the group young americans for liberty says the college is attacking his free speech. it is 38 minutes after the hour. controversy, michelson offering to testify about russia but anything to tell? the answer according to vladimir putin and one of america's favorit

lou: this is from district judge derek watson.use a reasonable objective observer from the public statement and specific sequence of events would lead you to believe it was its ring ridge purpose. mike: justice scalia described a statute as applesauce. i think that's about as close as it gets. it's stunning. lou: steve, your thoughts. we are talking about round two in executive orders. under 212-f of the u.s. code it's clear the president has the power to do it. >> it was appropriate and helpful for the president to read that out. so clearly giving the president to do what he has done. that seemed to be like it has nod to do with the law. it was pure politics. it was subjective opinion. that order recite at some length. what it was in each those countries, whether it was than inability to run their country or control their citizenry. or in the case of iran, they ran their country all right but they were sworn enemies of the united states. reasons why people from those countries would be cut off for the moment until we can find a w

lou: this is from district judge derek watson. because a reasonable objective observer from the public statement and specific sequence of events would lead you to believe it was its ring ridge purpose. mike: justice scalia described a statute as applesauce. i think that's about as close as it gets. it's stunning. lou: steve, your thoughts. we are talking about round two in executive orders. under 212-f of the u.s. code it's clear the president has the power to do it. >> it was appropriate and helpful for the president to read that out. so clearly giving the president to do what he has done. that seemed to be like it has nod to do with the law. it was pure politics. it was subjective opinion. that order recite at some length. what it was in each those countries, whether it was than inability to run their country or control their citizenry. or in the case of iran, they ran their country all right but they were sworn enemies of the united states. reasons why people from those countries would be cut off for the moment until we can fin

district court judge derek watson, he concluded the order was fundamentally flawed. the trump administration took more than a month to rewrite this new one. >>> we're going to be hearing a lot more about this, stay with us, we're going to have developments on this ongoing travel ban court battle. >>> new at 6:00, a lot of questions about a letter signed today by police chiefs in the south bay. including the sheriff and d.a., they all agreed not to cooperate in imgrigs enforcement actions. one of the agencies did not sign the letter. what led the chp to its decision? damian trujillo joins us from the chp with some answers. damian. >> reporter: the chp got back to us about 45 minutes ago, they simply cannot sign on to that solidarity letter, and that decision to not sign on is sending a mixed message to some immigrant rights groups. >> they gathered shoulder to shoulder on tuesday, police chiefs from every city in the south bay, vowing not to participate in deportation enforcement. >> our officers will not detain or arrest any person on the basis of the person's citize

charles: last night judge derek watson, hawaii federal judge, he starts it off, starts off the 43-page ruling by saying the i will lodgic of the -- illogic of the government's intentions is palpable. if that palpable? is that obvious to you? why does see see it this way? is it because of his idealogical bent? >> what your viewers should understand, president trump said in the past he want ad muslim ban. so a subsequent executive order that targets countries where terrorism is a major problem and there is no functioning government that would allow us to ascertain the backgrounds easily of those entering the united states that there should be a pause rig people in from those countries. but the courts are hyper focused on the phrase, muslim ban. therefore they think it is religiously-inspired and there is no reasonable purpose for keeping islamic jihadists out of the country in a way that would prevent everyone from that country from coming into the united states for a period of time. i don't buy it. it is not persuasive. but that is the problem the president is facing from these judicial

you will remember two weeks ago a district court judge in hawaii derek watson revised executive order but was only a temporary halt called temporary restraining order which typically expires after around 14 days. so the plaintiff asked it to be converted to longer term preliminary conjunction so it could last through trial and the judge agreed saying they have met their burden establishing a strong likelihood of threat on the merit of establishment clause. will you ren the entire discussion from judge watson two weeks ago as what he reviewsed viewed as travel ban. >> this is more not permanent but longer i guess stay on this order until there's actually trial. trial is set, do we know when trie trial is set? or how long it will take before it goes on? >> what this will do is essentially place a pause on everything until either the department of justice appealed and in the event they would manage to get this decision over turned then that would obviously change the equation, assuming nothing happened and department of justice didn't do anything right now means they would have to go thr

this week in hawaii, us district judge derek watson ruled the travel ban was likely unconstitutionalecision, he cited statements that president trump made on the campaign trail about banning muslims from the us if clear evidence the order was meant to target muslims and thus is unconstitutional. judge watson received alate lot of criticism from legal scholars including those on the left for using her trump's campaign rhetoric to justify his ruling. this morning on fox and friends famed liberal attorney alan durr show witnesses doesn't agree and ultimatultimately he this the cs will decide with the white house. >> the list all foe for a different purpose was originally designed by president obama. how can you say that the inclusion of the six countries on the list was motivated by what mr. trump said when he was candidate trump? that's just not good legal analysis. >> reporter: late friday the justice department filed a motion with judge watson asking him to reconsider his decision to block the president's order as a whole and to allow some portions to remain in effect such as the tem

district judge derek watson or restrict the non-muslim travelers from maturity countries. in seattle, the mayor there cannot use it in the trump administration over threats to withhold with funds from century city to refuse to cooperate with federal immigration officials. the issue brought several century city mayors in police chiefs to washington yesterday for a meeting with dhs secretary john kelley trying to find common ground between the two. i headed over to get some answers. >> it is absolutely untrue that our priority is anything other than keeping our communities safe. >> we don't have the resources to be the haitian police, nor for jurisdictions that have allegedly rigged population would that be prudent. >> we cooperate with i.c.e. and make sure they're aware of who's in our custody. but we do not change the way we prosecute based on immigration status. >> her first priorities get back as sophistry. cutting homeland security grants, cops funding, take resources away and threatening to take other resources away makes the problem worse not better. >> it's important

charles: josh i'm going to read from the judge derek watson, what he said.y statement from them is it important of these provisions in all places including the united states at all united states borders and ports of entry and the issuance of visas is prohibited pending further orders from this court. so you are surprised that this was the decision so we are back to where we were before the speculation on what happens now. where does the white house go at this? do they dare go to the supreme court? >> the government is in a tough spot right now. they are as we speak no doubt planning an appeal to the court of appeals of the 9th circuit. that's the same court that ruled for the challenge a few weeks ago. after that they need to find the supreme court again. i can tell you the judge in seattle a few minutes ago ruled that this order was different than the first-order so i think there's a pretty credible case to get the injunction was stayed by the supreme court that this is not unexpected. there was a fairly good chance at least one court would rule against it.

derek watson is not expected to lift the order. if the judge offers a longer lasting hold he should cover just the part of the ban, they say it's not clear how hawaii would be hurt by other parts of the ban. judge watson also blocked that section from taking effect two weeks ago. >>> lawmakers on capitol hill are confronting a number of challenging issues from confirming a new supreme court nominee to avoiding another government shut down. president trump floats the idea of resuscitating the republican healthcare plan. joel has more from washington. >> the white house is soon expected to announce the formation of task force, chris christie leading the federal inquiry. >> this task force hopes to look at prevention, addiction of drugs before they come to the country. >> before a bipartisan group of senators the president talking about healthcare, he would like to bring back to life a plan to rehe peel and replace obamacare. >> i know that we are going to make a deal on health care, that is such an easy one. >> before considering hea

derek watson issued the letter on wednesday.te house wants the judge to allow parts of president trump's travel ban on six muslim majority countries to go through. but judge watson o says the ban is unconstitutional. >> the order is blocked. it wad a water down version of the first order. we're going to win and we're going to keep our citizens safe. >> the president calls the latest roadblock an example of unprecedented judicial overreach. >>> an orange county restaurant is reacting after a group of customers complained that a waiter asked them to prove they are legal residents. it happened when 24-year-old diana curillo, her sister, and two friends went to st. marks an upscale restaurant. the women complained to the manager about the demands and then left. they shared their story on facebook. the restaurant claimed they fired the manager. the manager invited the women back as vip guests. which is a non-profit group chosen by the women. >>> time is 5:36. philadelphia's largest cinco de mayo celebration has been canceled this yea

the legal experts we spoke to said given judge derek watson, obama appointee, very democratic state politicallynd culturally, it is very possible they will not win here, but they the groundwork for potential appeal probably to the supreme court based on presidential authority. hawaii's argument is this. number one, it just commits on the basis of nationality, evaluates the criteria that congress set up to evaluate potential terrorists and because only muslim nations are involved, it just remains on religion, and finally hurts hawaii's economy and denies muslims already hear the right to have family visits. >> hawaii does not speak up about this cremation on national origin, we are dishonoring and disrespecting what past generation has gone through. >> the trump administration says this is not a muslim ban since 90% of the roads muslims are not affected, but the countries were chosen not on the basis of nationality, but because they can't or will not provide the necessary documentation for reliable background checks. as far as hawaii's economy is concerned, that is speculative because they don't

derek watson issued the order wednesday in response to a lawsuit issued by the state of hawaii. judge watson says the ban is unconstitutional. >> the order he blocked was a watered down version of the first order. we're going to win. we're going to keep our citizens safe. and regardless, we're going to keep our citizens safe. >> the president calls this latest roadblock an example of unprecedented judicial overreach. >>> hundreds of people gathered at a south bay mosque over the weekend in a show of solidarity with the muslim community. people from different races and religions held hands and formed a human chain around the muslim community association in santa clara yesterday. it was organized to show support for muslims who feel targeted under the trump administration. people are also worried about more cases of islamophobia. the council on american islamic relations says in the last year 139 mosques have been targeted in the country. >> we want to send a message. america is a country of love. country of acceptance. country of open mindedness. country of compassion. >> this wa

district court judge derek watson ruled that the state could sue over trump's new order which was signedthe president on monday. over might the hawaii attorney general tweeted out that a hearing is set for march 15. that's just one day before the new ban is to go into effect. the revised executive order bars new visas for people from six muslim countries. it doesn't apply to travelers who already have visas. but hawaii's lawsuit claims the order will harm hawaii's muslims, tourism, and foreign students. >> what happened with the new executive order didn't exactly fix the defects that was in the first one. essentially what you have is you still have a blanket ban against entry from people will from six different nations. it used to be seven. um, but the biggest problem with that is that you have an order that's discriminating against people. >> this is the first legal challenge to the revised order. >>> president trump still has not offered any evidence to back his claim that president obama had his phones wiretapped during the 2016 election. senator lindsey graham sent the letter to the

district judge derek watson ruled it discriminates on the basis of nationality, and would harm hawaii tourism industry. >> the fact that there was this that makes the language more neutral it shows that they were trying even harder to mask what was a religious animus. >> reporter: justice department quickly blasted ruling as flawed, both in reasoning and in scope and adding that the administration will continue to defend this executive order in the courts. >> thinks a watered down version. let me tell you something i think we ought to go back to the first one and go all the way which is what i wanted to do in the first place. >> reporter: legal setback came on the same day president finally addressed his twitter claim that president obama wiretapped trump tower during the election. >> why not wait to tweet about it until you can prove it. >> new york times wrote about it. other people have mentioned it when i say wiretap these word were in quotes. >> reporter: president says his administration will present more information over the next two weeks about the unsubstantiated charge. hann

president says he is also going to do is fight this new court order from this judge in hawaii judge derek watsoncking his new immigration order on ban taking effect. he says regardless what the white house says it's a muslim ban in another form, actually taking. so statements that people at the white house and people associated with the white house, including rudy giuliani said about the potential for a muslim ban and walking it back later and said, no, i'm going to look at what they said, not what they did. the president last night clearly riled by the action saying that he's not going to back down. >> we're going to fight this terrible ruling. we're going to take our case as far as it needs to go, including all the way up to the supreme court. [cheers] we're going to win. we're going to keep our citizens safe. and, regardless, we're going to keep our citizens safe. believe me. >> reporter: close advisor to the president told me wasn't surprised by the court action in hawaii. they will take it to appeal. of course, heather, that's going to put them back in the ninth circuit of appeals the liber

but tonight federal judge derek watson said it amounts to religious discrimination stating "there is nothing veiled about this press release donald j. trump is calling for a total and complete shutdown of muslims into the united states." he even cited stephen stated fundamentally despite technical revisions you're going to have the same basic policy outcome." joining me now, bob ferguson, attorney general for washington state whose lawsuit led to a nationwide i junction against the president's original travel ban. attorney general ferguson, what's your reaction to tonight's news? >> thanks for having me on. i was hearing the president talk about fake news. i'll tell you what's real news, that's the wonderful news that this revised executive order is suffering the same fate the original executive order did. the courts are hat allowing it to go forward. it's unconstitutional and unlawful. >> you said you want to keep going. that my understanding of your argument is that they're similar enough that the old ban should apply to the new one. does today lend more credence to that argument?

briefs have been filed and oral arguments take place wednesday in front of federal judge derek watson appointedded by president obama. the other legal battle taking place in washington state where the original travel ban was blocked by a federal judge. that ruling was upheld by the court of appeals. the washington state attorney filed a brief last week arguing injunction is still in effect and should remain in effect because there is very little difference between the first and second executive orders. judge robart, james robart was asked by both sides to file proper motions this week. it is unclear if the injunction back if february could possibly black the second travel ban from being implemented. several states joined the lawsuit, oregon, new york, maryland, massachusetts, hawaii, washington state. seven states are going after trump in this executive order travel ban. melissa. melissa: we'll keep an eye on it. dan springer. thank you. david: a lot of things to keep an eye on. a new twist in the controversy over russian contacts with the presidential campaigns during the election. s

derek watson was appointed by president obama as a federal judge in 2013, something i'm sure mr. trump will bring up. >> but confirmed unanimously. >> yes. i think another argument that the trump administration will lodge against this is if you're going to discriminate against muslims why would you only apply this to six muslim countries? why not ban all muslims? they're foipg to say this is a limited targeted ban on countries that don't have a good vetting process for people who try to enter the united states. on the other hand, the most damaging thing in this opinion i think is rudolph giuliani's quotation saying ta trump asked him how do we do a legal muslim ban? it sounds like this was planned to ban muslims as opposed to only potential terrorists. >> professor dershowitz, what options does the white house have here now? >> i don't think they can go back now and say we're going to do a third effort. i think they have to litigate and litigate hard. i think they're going to ask for an expedited appeal to the ninth circuit to try to get this case to the supreme court. they would

just about one hour ago, judge derek watson, a federal judge in hawaii, a and obama appointee, and approvedwould cause irreparable harm to the state. it argued that number one, it was discriminatory towards muslims and secondly, it would harm hawaii's tourism and finally, it would deny about the 5,000 muslims living there a right to see their relatives. i have to tell you, there were multiple legal arguments today but the one issue that was on trial was undoubtedly donald trump himself. the state even conceded, we probably wouldn't be here if another president had proposed identical policy. it was campaign rhetoric by donald trump the proposed muslim ban, the complete shutdown of muslims coming to the united states, that haunt to the courtroom and again. the judge said he was conflicted for you to i supposed to do? turn a blind eye to the statements. context matters. in fact, he said, the feds argued, the administration argued, stay with a metaphorical corners of the document, the executive order himself. he said he could not. let me go to the quote. "because a reasonable, objective observe

not discriminating viewpoints [inaudible] in fact just one week ago on wednesday a federal judge derek watson stated quite simply, quote the logic of government referring to the trump administration contentions as possible. the notion that one can demonstrate animus towards any group of people only by targeting all of them at once is fundamentally flawed. he then goes on further to say, the government a.k.a. the trump administration compounds sure, is by suggesting an executive orders [inaudible] is what this court must rely on to evaluating the purpose. only a few weeks ago the ninth circuit commanded otherwise good the supreme court has been even more empathetic courts may not quote blind eye to the contest in which a policy arose. there is nothing quote unquote build about the purpose of this legislative there's press releases blogs which clearly state that these intent of the legislation is not to restrict spending the money on affordable housing purposes but to actually especially prohibit only spending four quote unquote especially political purposes and there's a few think about the mo

judge derek watson says the 90-day pause on issuing visas from the six muslim countries amounts to religious discrimination. the judge says he can't turn a blind eye to the statements mr. trump made during the campaign about wanting to ban all muslim immigration. so the original executive order was already blocked. the u.s. will continue granting visas from the six countries involved. no comment from the white house, chris, but the government will almost certainly appeal and go back to where the first one did, to the ninth circuit court of appeals in san francisco. >> well, wouldn't expect any good luck for the president on that second effort, the same arena. anyway, thank you, pete williams. you know your stuff. thanks for coming on with the latest. >>> coming up, the doe apameepaf justice charges russian spies for a hack against yahoo!. we'll get the latest on that and what the russians are up with yahoo!. a lot of this stuff. >>> and david k. johnston who obtained donald trump's 2005 tax return. he's coming here. >>> and house speaker paul ryan is doing his best to link president trump an

derek watson further blocking the government from restricting foreign travelers from six middle easternesterday, celebrating women's empowerment. first lady melania trump delivering the key speech. in washington, d.c. mrs. trump speaking on the importance of gender equality and supporting women. >> these women are extraordinary examples of reaching within to find the courage that lies inside us all. to change the world. abby: and her husband, president trump backing that sentiment. >> only by enlisting the full potential of women in our society will would he be truly able to -- you have not heard this expression before, make america great again. [cheers and applause] abby: a pretty powerful moment yesterday. did you guys watch that? any of the speech with melania it was pretty powerful. steve: thank you, abby. meanwhile a massachusetts state representative warns illegals about rumored ice raids that were supposed to happen yesterday. our next guest is the sheriff in her state. and he has a message for her that she is not going to like. he's next. brian: this professor watched first clas

his name is derek watson set the case to be heard next wednesday. be hearing the argument that the order will harm the state's muslim population and foreign students. again that comes from the argument that this will be heard next wednesday. let's listen to the attorney general. >> i think what happens if he locked himself into a muslim ban and certain countries you can't let go and if he wants to do extreme vetting and make it more difficult for people to come into the country he has that ability to do so. >> there's a lot in the complaint. also in there is saying president trump's comments during the election and prior to the process could harm and cause a problem with the travel ban. there's a lot to go through and you have to believe the hearing on wednesday will be interesting. >> bill: it will. what have you heard from the white house? president trump saying anything about this? >> we're on tweet watch haven't gotten that yet. i will say we have heard from jeff session. he said -- the attorney general defending the order saying quotas a lawful

judge derek watson, a hawaii federal district court judge, recently issued a stay of significant portion of president trump's second executive order banning nationals from six predominantly muslim countries and without commenting on the current case, do you believe that there are executive orders that are outside the scope of appropriate judicial review to determine if a president has overstepped his constitutional authority? >> senator, being one of the beautiful things about our system of justice is that any person can file a lawsuit about anything against anyone at any time. any person has access to our courts of justice on any subject, and a judge, a neutral and fair judge will hear it. i think that's remarkable thing. it doesn't happen everywhere in the world. >> is your answer that there is no executive order that would not be judicially reviewable? >> well, senator, a lawsuit can be field led on it. what a court will do with it is a matter of judicial process and we'd have to go through assessing what the claim is, what the defenses are, take evidence, hear the arguments, make a d

. >> the big decision last night coming from the district judge in hawaii, judge derek watson who took a look at the whole thing and read through it and saw the argument and said this is basically what we saw before the with the first executive order claiming it's a muslim ban. the president angered last night giving his speech in nashville and vowing to fight it back to washington. >> we'll fight this terrible ruling. we're going to take our case as far as it needs to go including all the way up to the supreme court. we're going to win. we are going to keep our citizens safe. and regardless we're going to keep our citizens safe, believe me. >> as you mentioned, shannon, a judge in maryland has also issued a temporary restraining order against this executive order. the one they'll be focussing on is the one in hawaii which will in the appeals court end up at the ninth circuit where the president lost once already. you may have seen a few minutes ago ed henry reporting on "fox & friends" on unofficial portraits of the president and v.a. secretary taken down. the v.a. will issue a direct

derek watson found a number of statement that trump made on the campaign trail about banning muslimsuslims even if it only included six muslim majority countries. they filed a motion asking him to reconsider his motion, to decide if it's constitutional. his ruling is drawing criticism from legal experts including from some on the left to don't agree with the travel ban as a whole. this morning, alan dershowitz said this was not constitutional analysis. >> although for a different purpose, the list was designed by president obama. how can you say that the inclusion of the six countries on the list was motivated by what mr. trump said when he was candidate trumpet that is just not good legal analysis. reporter: he went on to say that if the case reaches the supreme court, he believes the justices travel ban. where will this go. >> yesterday they filed a note that if they plan to appeal the decision to the fourth circuit court of appeals. five other states, california, new york, massachusetts, oregon and minnesota have also challenged the executive order and went back to the federal jud

but when we have judges like this derek watson or the judge , or james robart ho issued a ban in the first travel order, when they don't pay attention to the constitution, but pay more attention to what they hear from their liberal friends who are disgusted by the elected president of the united states, and they know they'll be heroes nd they long for the accolades of the intelligencia, which actually isn't the intelligent -- educated yes, intelligent, no. but the constitution gives certain powers, certain parts of the government. congress has the power to make decisions on immigration, migration, naturalization. but it has the power to delegate those responsibilities as it sees fit to the president. and it has done so -- the resident has certain powers of his own office, of his own right, to protect the united states of america. that you judges think should not consider the fact that one of the most educated people in the world on what islam is and what it isn't says the islamic state is islam. e has a ph.d. in islamic studies, university of baghdad, as i recall. and he happens to b