thank you, laura jarrett. let's go live to atlanta and bring in michael moore. former u.s. attorney for georgia's middle district. where does it go from here and how long does it take? you have judge gorsuch who will have a hearing in six weeks and could end up on the supreme court. this case could end up in the supreme court. >> right. that's true. i think the justice department will look and make a decision about whether or not they want to ask for rehearing on bond. in front of a larger panel or they want the case to go back to the district court some more evidence can be gathered. i would point out, ongoing to the supreme court for them is the best option for the administration. the court right now is divided 4-4. there is some thought if the case is taken up this decision could stand. i would note, i don't know it will be down ideological lines. some issues the state of washington talked about in the brief were written by the conservative justices on the supreme court. i would not be surprised to see if the court tipped in favor of the states. you can look at the ninth

let's get more from cnn's justice reporter laura jarrett. r twist in the ongoing legal drama over president trump's executive order, district court judge james robart in seattle, the same judge who halted the travel ban over a week ago denied a request from the trump administration yesterday to postpone any further proceedings in his court while the ninth circuit court of appeals considers to hear the case before a larger panel of judges. this amanightmare. this means a nationwide challenge brought by washington and minnesota, will now proceed to the merits in front of judge robart in seattle. they will demand documents, e-mails and even take depositions. now sources are telling us that the trump administration is huddling up on the legal options, including possibly rewriting or modifying that executive order. some say they have to act fast here. these rulings are popping up all over the country. as you mentioned, a different federal judge in virginia put a complete halt to the executive order against virginia residents last night. so the bal

let's get the new developments and cnn justice reporter laura jarrett live from washington. was a fairly meticulous rollout overnight, laura. >> it was, john, as the president said in his remarks, neil gorsuch has a pretty impressive academy background. as you might expect he's got degrees from columbia, harvard, oxford. he spent his teenage years in washington. his mom was the first woman to become the head of the environmental protection agency. he clerked for justice kennedy but his yishl philosophy isn't a secret. he's described as predictively conservative. much like in the mold of justice scalia. he believes in following a liberal role of the constitution. in terms of some of the more notable indications he was one of the original judges in the hobby lobby circuit where employees can refuse to provide birth control. that was held up by the supreme court. he was somewhat of a sleeper choice. he wasn't even on president trump's original list. in the last several days we heard he was rising to the top, john. >> question is how hard will democrats fight. will this nominati

let's bring in laura jarrett with more. >> reporter: a lot of activity in the fast-moving case. the washington state attorney general's office has just filed its response to the justice department motion to try to get the travel ban reinstated. they argued government must show that it was irreparably harmed. they say the seattle judge's suspension of the executive order doesn't make any sense to try to say the government has been irreparably harmed by that. it would just be returning to the pre-executive order state of affairs. how can that be harmful is what washington is saying. the filing includes high profile names. a declaration filed by former national security and state department officials such as former secretary of state mad line albright and john kerry. there is no national security purpose for it. later today, a response from the justice department and then in the hands of the ninth circuit. >> that may be the most amazing things about this. the trump administration hasn't ever indicated what the actual problem was with the current vetting system that we have out the

we get the latest from laura jarrett live in washington. a couple of things in the potential draft of the new order we are learning about compared to the old one. >> good morning, boris. the question on everyone's mind is what exactly is going to be different about the ban this second time around? perhaps the biggest change we know of is who is drafting the order. this time sources say the white house counsel's office instead of the policy shop is taking a lead role in rewriting the order. we also heard from the head of homeland security over the weekend that the rollout of the ban will likely include a phase-in period, if you will, instead of the automatic switch off. the green card holders not affected. as officials are hoping to avoid the chaos that left many stranded in airports across the country last month. one critical issue that remains unsettled is how the new order will deal with other visitors like student visa holders. several lawsuits brought by the states argue the travel ban was hurting student enrollment and faculty recruitm

justice department. >> laura jarrett, thank you so much. appreciate it. >>> we've got a lot of questions on this. troy joins us now from los angeles for more. he's a legal analyst, a criminal defense attorney. troy, 24 hours ago, a federal judge in washington state handed the white house a stinging but temporary defeat by suspending mr. trump's travel ban. is this defeat number two? >> well, it is. because what the 9th circuit court of appeals has said here is that they are not going to stay that temporary restraining order. so the trump administration's attempt to quickly overturn or rather stop momentarily that judge's -- >> all right. troy, it looks like we're having a little trouble with troy's audio. we've still got a lot of questions for him though. we'll come back to him in a moment as soon as we get that fixed. go to break. we'll be back in a moment. oh, look... ...another anti-wrinkle cream in no hurry to make anything happen. neutrogena® rapid wrinkle repair works... ...in one week. with the... fastest retinol formula available. i

justice reporter laura jarrett is on the phone with us now from washington. you have been watching the twists and turns of this legal drama. what do you make of what's just happened? >> reporter: this is pretty incredible, robin. just shortly after midnight on sunday we saw the justice department file an emergency request within the ninth circuit, the court of appeals, asking essentially to press pause on the sweeping division that came out of that seattle court on friday evening. and then just a few hours ago, actually i should say an hour ago, the court of appeals for the ninth circuit has responded and said in short we need further briefing on this. we cannot give you your emergency administrative relief. we need to hear from the other side. so we'll see full briefing from the plaintiff in that case, the state attorney general and then we will hear again from the justice department on monday afternoon. >> so what this means for homeland security, for example, is that for the moment business as usual. anybody from anywhere where a valid u.s. visa, even if y

let's get the latest on the case with cnn's laura jarrett live in washington. what do we expect to hear today? >> reporter: i think we will see everybody's eyes and ears focused on the oral argument later tonight. we saw a flurry of court filings yesterday. the justice department filed a legal brief last night basically doubling down on the previous arguments that we had seen before saying you can't second guess the president in the immigration context like this. they also come up with the new fallback position we have not seen before. if you are going to uphold the seattle district court, at least limit it in some way to the people who have been previously admitted to the u.s. think of someone on student visa traveling back and forth home. the travel ban would knno longe apply to them. we have to see what happens here because the plaintiffs say you just unleash chaos if you tried to put the travel ban back in place. the appellate court has several options for how it could rule. we'll have to see after the hearing. >> when do we expect a ruling from the ninth c

laura jarrett, nice to see you bright and early. for now. >> really, it's again going phone for months. we want to discuss it with a former prosecutor for the middle district of georgia, michael moore. thanks for being with us. we've been talking abe the fact that no one questions the academic credentials. he's a well-known judge. a very thoughtful writer. and he himself yesterday talked about how he thinks that judges should apply the law. i want you to listen to that. >> i respect, too, the fact that in our legal order it is for congress and not the courts to write new laws. it is the role of judges to apply, not alter the work of the people's representatives. a judge who likes every outcome he reaches is very likely a bad judge. stretching for results he prefers, rather than those the law demands. >> he's known as a constitutionalist, a texturalis. >> i think his comments last night were interesting. he's been known before to say that he thinks liberals may rely too much on the courts and judges to effect their social change. and

cnn's laura jarrett has more on the broader impact of what's in the dhs memos. one of the biggest takeaways from the guidance memos that we're seeing from homeland security is that they really make clear that immigration officers are now going to have much broader discretion to decide who to round out in the first place. practically speaking here if an agent goes on a raid to find a criminal undocumented immigrant, anyone else who happens to be with that person at the same time who is also here unlawfully may now be deported, that. >> now, the dhs repeatedly stressed this is just enforcement of existing law. why then are people so scared? >> so, then, i think a better way to think about this might be a difference in priorities between the two administrations we're seeing. so, under president obama, he really focused on those who had been convicted of serious crimes, like felonies. whereas, president trump is now casting a much widing net to include anyone who has even been about kufldz ccused of a crime. >> as for that new travel ban, we're also waiting to hear

let's go to laura jarrett. so let's begin. two very different things. two critically important things. let's begin with the memos from dhs. what do we know about what they are telling i.c.e. and law enforcement about how to crack do down? >> it's a shift as compared to under the obama administration. we see here now language laying out in plain detail how we're going to start a process of expedited deportations for undocumented immigrants and giving much more discretion to immigration officers. president trump recently gave an interview to msnbc on these immigration issues. we might have some sound available to go to. >> we have to have a safe country. we have to let people come in that are going to love the country. this is about love. this building is about love. we have to have people come in that are going to love the country, not people that are going to harm the country. and i think a lot of people agree with me on that. so we'll have various things coming out over a period of time and you'll see them as they come out, and we'll let you know exact

justice reporter laura jarrett is on the phone with us from washington. laura, you've been going through this. tell us the main points of it. >> well, lynda and makel, thichs is a strongly worded legal filing. just after midnight on the east coast, the u.s. justice department moved for what's called an emergency stay of the sweeping decision out of seattle, that temporarily halted the enforcement of president trump's travel ban on a nationwide basis. and in this legal filing, the justice department said that blocking the travel ban, quote, harms the public and second-guesses the president's national security judgment. the thrust of the argument here being made by the justice department are two different prongs. the first one is that the plaintiffs in the case, the case was brought by the washington state attorney general and minnesota, they're saying the plaintiffs don't have standing to sue here. they haven't been harmed in a way that allows you to get into court. the second argument is that the president's authority in this area is sweeping and quite bro

i want to bring in cnn justice reporter laura jarrett and cnn legal analyst and criminal defense attorney cevallos. laura, let's start with you. how likely is it that the government is going to get a stay and we get a reversal of the temporary restraining order? >> well, we haven't seen the brief from the justice department yet. so it's too early to really judge without seeing their arguments. but we know that the standard that they would have to meet to get the seattle court ruling thrown out is pretty high. you'd have to show that the judge abused his discretion and really got the law wrong here, which would be hard -- would be a hard road to go for the justice department. so we'll have to wait and see what kind of arguments they make. but we also now know that the panel that will hear this case is made up of three judges on the 9th circuit. two democratic presidential appointees and one republican. >> important to point out, though, the one that was a republican appointee, judge james robart, is actually the one that put the temporary restraining order in place. danny, to you now. afte

cnn justice reporter, laura jarrett is with us, cnn legal analyst, danny cevallos. laura, to you first. walk me through this. your reporting had it that according to a d.c. ruling, the doj had until 8:00 tonight to do this. they have, indeed, appealed. how do you see it? >> reporter: right. and so in the d.c. case, that was a separate complaint brought by a different group of plaintiffs. but in that case, the judge said, look, we know there's this broad seattle ruling out there, so i want you to respond by 8:00 and tell me how the seattle court implements your case. instead, what we have here right now is a notice of appeal filed in the snooirngt on the seattle rulinging itself. now, this is just the notice of appeal. so we haven't seen what grounds the department of justice is going to appeal. they could do the national security angle. they could do a standing angle and say, the washington state attorney general was not the right party to bring this lawsuit. we just don't know yet, because we haven't seen the meaty filing. so that's what we have to come. >> danny, w

i want to bring in cnn justice reporter laura jarrett. she joins us as well as cnn legal analyst and criminal defense attorney danny cevallos. a few pages long, the white house's appeal to all this. what are you looking at most now as this legal battle plays out? >> so the next step will be for the justice department to file its brief, right, that's where we're going to see its real position in the 9th circuit. there's two different ways they could go here and if we're judging by how they did it in the seattle district court, we'll see two different avenues. one will be procedural. they'll say the state attorney general in washington doesn't have standing to come into court and sue. they haven't been harmed. they're not one of those visa holders whose visas was canceled so they haven't been harmed. they can't come into court. another track might be more of merits-based and that might say, look, donald trump has sweeping power in the immigration context. he can do this. so that's a substantive argument. and like i said, i think we might se

cnn justice reporter laura jarrett has been looking at all of the details. she joins us now. so, bring us up to speed. >> well, anderson, a lot has happened in the past couple hours. we have to take it back to monday when the washington attorney general filed a lawsuit in federal court asking the court to determine that the travel ban was unconstitutional. now, the judge tonight did not rule on the constitutionality, but what we're seeing from reports tonight is that he put in a temporary restraining order, in order to make sure that the provisions of the order that we've been talking about for a week now -- so deportations and the like -- will not happen anymore, and it's a ban nationwide. >> and does a federal judge in washington have the authority to institute a freeze nationwide? >> yes. a federal court has the ability to do that, and that's exactly what the attorney general asked for. now, what we don't know is what the white house will say to this. we've heard -- our reporting has shown that customs officials plan to follow this order, but we don't know exactly how this

joining me now is justice reporter laura jarrett and alan der sh wits. laura, i want to talk about the trump administration reversing a policy that protects transgender students to use the bathroom of the gender they identified with. how is this being received? >> either with fear or with praise, don. depending on who you talk to. i spoke to a number of advocates for transgender youth who said their phones are ringing off the hook from parents who are scared. they view it as a fundamental right to equality. then you have sean spicer doubling down today on this idea that the federal government should stay out of this issue entirely because it's about state rights. then we see at least some states reacting. for instance the governors in new york and connecticut put out strong statements saying they plan to protect transgender students from discrimination. >> here is gavin grim who is taking this lawsuit to the supreme court. here it is. >> the trump administration directing the department of justice and education is poised to remove crucial title nine guida

for the latest on the ruling and next step, i want to bring in our cnn justice correspondent laura jarretten working around the clock and waiting for the decision. good morning. >> reporter: good morning, christine. in a 29-page opinion yesterday, those three appeals court judges rejected each and every one of the arguments the justice department used to try to justify a reinstatement of the travel ban. the judges rejected the idea that a court should get to review the legality of the president's executive order. saying that is just not the law. the judges fundamentally disagreed with the argument that the travel ban was necessary for national security because the government failed to offer any real evidence that

let's get the latest on the case with cnn's laura jarrett live in washington.hear today? >> reporter: i think we will see everybody's eyes and ears focused on the oral argument later tonight. we saw a flurry of court filings yesterday. the justice department filed a legal brief last night basically doubling down on the previous arguments that we had seen before saying you can't second guess the president in the

cnn's laura jarrett is live in washington with some includes as to what will be included. what have you learned, laura? >> good morning, alisyn. we're expecting to see too big moves on immigration this week. the first stop later this morning will be formal guidance from homeland security to other agency chiefs. that's expected to tell them how to implement the president's consecutive orders on immigration and border security. the important thing to watch will be language detailing and expanded process. a much wider amount of discretion for immigration officers on who exactly to arrest. dep pew tiezing if you will of local police to act as immigration officers and tightening standards for asylum seekers. they plan to at least leave it in place for now regarding the children known as daca which protects the young undocumented immigrants brought to the u.s., the d.r.e.a.m.ers. the question on everyone's mind this week is what exactly is going to be different about this ban the second time around. perhaps the graduatest change this week that we know of is who is drafting the or

justice reporter laura jarrett in washington. good to have you both. laura we'll start with you, the justice department now hoping to reverse this judge's decision. what sort of arguments could the justice department make? >> so we haven't seen the formal brief yet. we exp to see that shortly. but we know from prior briefing that the justice department has argued two different tracks, one is based off of you could call it procedure, right? they'll say the washington state attorney general hasn't been harmed so they don't have standing to sue. they're not the visa card holder or a green card holder. they're the state attorney general and they haven't been harmed in a meaningful way. the second argument you might see is something more merits based, there you might see the justice department argue that, look, donald trump has wide discretion in the realm of immigration and so he was allowed to do this, because it's in the national security interest. >> let's bring you into the discussion. i want to go back and talk about this tweet and get your thoughts on

joining us, laura jarrett and page kate, constitutional attorney. laura, first to you, help us understand how this will work this evening. >> so later tonight, around 6:00 p.m. eastern, we will have a hearing that is held by phone. the judges will hear argument for about 30 minutes per side. and then they could either rule from the bench, which will send everybody into a tizzy, or they'll do a written opinion later tonight or even maybe tomorrow. we've got a mixed panel of judges here. one appointed by a republican president and two appointed by democratic presidents. judge william canby, an appointee of jimmy carter is out of phoenix. also judge michelle friedland appointed by president obama and richard clifton, an appointee of george bush who sits in honolulu. >> we also have 16 states attorneys general who have filed -- they agree with the states of washington and minnesota, and they are saying we agree that this is in violation of the constitution. interesting, but does it do anything to bend the mind of these justices? >> it is very unusual for

laura jarrett, danny, jessica, we so appreciate your expertise. they're going to be with us throughout the morning as we try to unwrap this. thank you. >>> president trump is praising russian president putin and he's also appeared to criticize the u.s. in the process in this new interview mt ne interview. next you're going to hear the exchange that some are calling unprecedented. (vo) do not go gentle into that good night, old age should burn and rave at close of day; rage, rage against the dying of the light. do not go gentle into that good night. ♪ ♪ ♪ ♪ that's why i use excedrin.n hold because of a headache. it has two pain fighters plus a booster and for some, headache relief starts in just 15 minutes. now moments lost to headaches are moments gained with excedrin. [heartbeat] it helps put some distance.. between you and temptation. clinically proven to help reduce hunger between meals. from metamucil, the #1 doctor recommended brand. ...we turn feelings... ...into jewelry. jewelry that tells her she's the best thing that's ever happened to yo

. >> joining me now is cnn justice kaer correspondent laura jarrett. this is what we've been waiting for to see what these difference regulations are going to look like. what your hearing about the new guidance from the department of homeland security? >> that's right. so what we are seeing in this guidance issued today is a significant expansion in the categories of undocumented immigrants that will now be eligible for deportation under trump's executive orders from last month. specifically, we now see language detailing an expanded process of expedited deportations for undocumented immigrants. much more discretion given to the immigration officers on the ground on who to arrest. and a deputize if you will, of local police officers to serve as i.c.e. or immigration officers. at the same time, a tightening of standards for asylum seekers. on a call with reporters earlier this morning, officials repeatedly tried to emphasize the policies mostly just enforce existing law and sought to push back on round hutches of undocumented immigrants. president obama

cnn's justice reporter laura jarrett joins me now with much more on this. a whole lot happened over the weekend with regard to this, laura. where exactly do things stand right now? >> reporter: well, that's right, kate. so early this morning, attorneys for the states, washington and minnesota, filed a brief urging the court of appeals to keep the suspension on the travel ban in place. they say to do otherwise would essentially unleash chaos for travelers. they've got support, as you mentioned, from former senior officials from both the obama and clinton administrations. those people are saying, look, this ban makes us less safe. it's also interesting to see how the states are using trump's earlier talk of a muslim ban from the campaign now as proof in court that religious bias is at the heart of the ban. we haven't seen the government's reply brief yet. that will come later tonight. but we know from their earlier filings they will say that the district court judge does not have the power to second-guess the president on matters of national security like this

earlier today, our laura jarrett reported that the number of people that had the visas revoked was about 100,000 individuals. we don't know how long that process will take. based on the language that cbp gave to the airlines. it sounds as if this is something happening as we speak. >> i know you have to get off the lawn because there are rules and restrictions. i want to ask you. this is the first bit of information and the first statement and guidance. we don't know when they will file an emergency stay for this. but they intend to? >> reporter: that's right. i think that's a pretty clear statement from the white house press secretary. that this president is not going to take this lying down. that this is going to happen as quickly as humanly possible. we were hearing from officials over here at the white house, that they were working with attorneys as we speak tonight to deal with all of this. this happened very suddenly. but the president of the united states is finding out there are three co-equal branches of government and in this case, the judiciary branch, the judicial branch of g

cnn justice reporter laura jarrett has been following this back and forth. where we are at this moment. what's going to happen at 6:00 p.m. eastern today? >> this could play out in a number of different ways. we know for sure that we'll hear from both sides for 30 minutes each and then the judges will issue a decision. and they have a number of different options for resolving this case. for example, the court could uphold the district court, judge robart's ruling. deny the doj request which would keep the suspension of the executive order in place or reverse judge robart's ruling which means the travel ban is back on again. or they can try to come up with some sort of creative way to split the baby and say this district court's decision is upheld on some grounds but not all. whatever the result is, we know this is going to the supreme court next. >> woue'll be listening very closely to what the arguments are during that one-hour hearing. laura, thank you. >>> with me now is cnn senior legal analyst jeffrey toobin. a lot of ors. a lot of options, if you will,

also joining us, our justice reporter laura jarrett. she's here in washington and nn tech correspondent samuel burke, who is joining us from london. jessica, so who is the president meeting with at the base right now? do we expect the travel ban, for example, to be part of this formal remark? >> well, it remains to be seen, wolf. the white house remaining pretty tight-lipped on exactly what the subject matter will be when president trump makes those remarks. he will be making them to coalition reps and senior u.s. commanders. those remarks expected in the next hour or so. right now president trump is meeting with senior u.s. officials. he has been meeting with them for over an hour now. this meeting pertinent because centcom oversaw that raid of the al qaeda compound. it was the raid that killed the navy seal william owens. last week president trump made an unannounced visit to dover air force base where he met with owens' family. he was there for the return of the remains of that navy siel. donald trump has been active in talking with

cnn's laura jarrett said the judges found no merit in any of the arguments against the temporary restrainingr. >> reporter: in a huge blow for the trump administration, three judges on the ninth circuit court of appeals have ruled that the travel ban will remain suspended. in a 29-page opinion, the judges rejected each and every one of the arguments the justice department used to try to justify a reinstatement of the ban, saying the government failed to prove why the travel ban was necessary as an urgent national security matter. the judges wrote that the government has pointed to no evidence that any alien from any of the countries named in the order has perpetrated a terrorist attack in the united states. rather than present evidence to explain the need for the executive order, the government has taken the position that we must not review its decision at all. we disagree, the court wrote. essentially the court there is saying that while it does give deference to political branches on immigration and national security issues, it has every right to review this case unlike what the government

cnn justice reporter laura jarrett has been looking at all of the details. she joins us now.p to speed. >> well, anderson, a lot has happened in the past couple hours. we have to take it back to monday when the washington