LET'S GO FIRST TO OUR SENIOR
LEGAL ANALYST.
>> DOES THE PRESIDENT HAVE A
STRONGER LEGAL CASE HERE WITH
TRAVEL BAN NUMBER TWO?
>> HE DOES HAVE A STRANGER LEGAL
CASE.
I DON'T KNOW IF HE WILL WIN, BUT
HE CERTAINLY HAS IMPROVED SOME
OF THE PROBLEMS THAT THE COURT
SAW WRRKS FIRST OF ALL, IT'S
CLEAR THAT GREEN CARDHOLDERS AND
PEOPLE WITH VALID VISAS ARE NOT
COVERED BY THIS EXECUTIVE ORDER.
ALSO, IT APPEARS THEY HAVE
REMOVED THE RELIGIOUS PREFERENCE
FOR RELIGIOUS MINORITIES.
THAT IS CHRISTIANS THAT MADE
THIS LOOK LIKE A MUSLIM BAN.
ALSO, IN DEFINING THE SCOPE OF
THE PROBLEM THEY ARE DEFINING IT
IN TERMS OF THE ABSENCE OF
GOVERNMENT CONTROLS IN THE SIX
NAMED COUNTRIES.
NOT THE RELIGIOUS NATURE OF
THOSE COUNTRIES.
I THINK WHEN YOU COMBINE ALL
THOSE THINGS TOGETHER, IT MAKES
FOR A MORE DEFENSIBLE PACKAGE.
THE PROBLEM THEY STILL HAVE
WHICH THE ACLU AND THE
GOVERNMENT CHALLENGING IT WILL
STILL RAISE IS THAT PRESIDENT
TRUMP SAID HE WANTED A MUSLIM
BAN, AND THIS IS JUST A MUSLIM
BAN WITH SOME PROTECTORAL
EXPLANATIONS.
CERTAINLY, THE TRUMP
ADMINISTRATION HAS HELPED THEIR
LEGAL CASE BY WATERING THIS
DOWN.
>> AND TO THE POINT YOU JUST
MADE.
I'M NOT A LAWYER, SO PLEASE
LAUGH AT ME IF THIS IS SILLY,
BUT LISTENING TO SECRETARY
TILLERSON, THEN THE ATTORNEY
GENERAL JEFF SESSIONS AND THEN
SECRETARY KELLY OF HOMELAND
SECURITY MAKE A PUBLIC CASE,
BRIEF IN ALL CASES, BUT TO MAKE
THEIR PUBLIC CASE ABOUT HOW THEY
VIEWED THIS POLICY, WHY THEY
NEEDED THIS POLICY.
SEE, IT SEEMED TO ME THAT HE
WERE THIS TRYING TO CREATE A
RECORD FOR THE COURT ESSENTIALLY
TO REBUT.
THIS IS NO LONGER ABOUT
CANDIDATE TRUMP.
THIS IS ABOUT PRESIDENT TRUMP
AND THESE MEMBERS OF HIS
CABINET.
>> OH.
WELL, I THINK THAT IS PART OF
THE STORY.
JUST THE GOVERNMENTAL
JUSTIFICATION FOR THE ORDER IS A
VERY IMPORTANT PART OF WHY -- OF
HOW THIS WILL UNFOLD IN THE
COURTS.
REMEMBER, THE FIRST EXECUTIVE
ORDER SEEMINGLY CAME OUT OF
NOWHERE WITH NO
JUSTIFICATION,ING NO
EXPLANATION, AND, YOU KNOW,
AGAIN, ATMOSPHERICS DO MATTER,
THOUGH THEY DO NOT HAVE
TECHNICAL LEGAL SIGNIFICANCE.
>> THIS WILL BE MUCH MORE
ASSOCIATED WITH CABINET MEMBERS
RATHER THAN THE PRESIDENT
ANNOUNCING IT, AND THAT IS ALL
HELPFUL IN THE ATMOSPHERICS OF
THE LEGAL CASE.
>> JEFF, BEFORE I LET YOU GO,
DURING OUR CONVERSATION, THE NEW
YORK STATE ATTORNEY GENERAL, A
DEMOCRAT, SAYS WHO HAS BEEN A
TRUMP CRITIC, RELEASED A
STATEMENT SAYING HIS OFFICE IS
NOW GOING TO REVIEW THIS NEW
ORDER, LOOK AT THE DETAILS, BUT
THAT HE "STANDS READY TO
LITIGATE."
I ASSUME BY THE TIME YOU GET TO
HAVE LUNCH TODAY, SOMEONE IS
GOING TO BE IN COURT CHALLENGING
THIS.
>> I THINK THAT IS AS SAFE AN
ASSUMPTION AS YOU CAN MAKE
ANYWHERE.
>> JEFF TUBEN, OUR SENIOR LEGAL
ANALYST, THANK YOU SO MUCH.
WE'LL COME BACK TO YOU AS
DEVELOPMENTS WARRANT.
>> POLITICALLY, THIS IS
IMPORTANT FOR THE
ADMINISTRATION, BUT CLEARLY,
CLEARLY, ONE INTERPRETATION OF
THIS IS THIS IS A SIGNATURE
ISSUE OF THE TRUMP CAMPAIGN.
IT WAS ONE OF HIS EARLY ACTIONS
AS PRESIDENT.
A COURT STOPPED HIM AND BLOCKED
HIM.
THIS IS A MUCH SOFTER TRAVEL
BAN.
NUMBER ONE, SIX COUNTRIES
INSTEAD OF SEVEN.
MAJORITY MUSLIM COUNTRIES.
NUMBER TWO, SYRIAN REFUGEES ARE
NOT BARRED.
THEY, LIKE OTHERS ON THIS, ARE
SUBJECT TO A 120 DAY PAUSE.
IT IS CERTAINLY SOFTER.
>> EVEN AS THE MEMBERS OF THE
TRUMP CABINET WERE SPEAKING,
SENATOR CHUCK SCHUMER, THE
DEMOCRATIC LEADER TV THE SENATE,
ISSUED A STATEMENT SAYING THAT
THIS BAN IS STILL A BAN, THAT
THIS IS MEAN-SPIRITED AND
UNAMERICAN, THAT IT MAKES US
LESS SAFE, NOT MORE.
I DON'T KNOW THAT THEY'RE GOING
TO PICK UP ANY SUPPORT FROM
PEOPLE WHO HAVE ALREADY BEEN
CRITICIZING THIS WHOLE APPROACH.
>> ON THIS ISSUE, REPUBLICANS,
LARGELY WITH HIM, THEY WERE VERY
CRITICAL OF THE SLOPPY ROLL-OUT
OF THE FIRST ONE.
THIS WERE VERY ANGERED THAT THEY
WERE NOT CONSULTED THE FIRST
TIME AROUND.
IN TERMS OF THE GENERAL POLICY
BEING TOUGHER AGAINST THE THREAT
OF TERRORISM, HE HAS MUCH MORE
REPUBLICANS STANDING NOW, RIGHT?
>> I THINK SO.
>> IT'S AN EASY LEGAL ARGUMENT.
ALSO, I THINK THE WHOLE IDEA,
THOUGH OF THIS WAS URGENT THAT
YOU HAD TO DO THIS BECAUSE THERE
WERE TERRORISTS GOING OVER THE
BORDER AND COMING OVER IN
AIRPLANES.
THAT SEEMS TO HAVE DISAPPEARED,
AND YOU WONDER IF THAT COMES
BACK.
THERE STILL DOESN'T SEEM TO
BE --
>> WE SHOULD NOTE TO THAT POINT,
THIS ORDER DOESN'T TAKE EFFECT
UNTIL MARCH 16.
THIS IS NOT SOMETHING THAT TAKES
EFFECT LIKE THAT, AND AGAIN, AS
WE'RE HAVING THE CONVERSATION ON
THIS FAST-BREAKING STORY, THE
HOUSE DEMOCRATIC LEADER TO YOUR
POINT, CAKAREN, NANCY PELOSI SA
TAKE TWO, CHANGES NOTHING.
SHE CALLS IT IMMORAL AND
UNCONSTITUTIONAL.
WE KNOW THE DEMOCRATS WILL ARGUE
CONSTITUTIONALLY AGAINST IT.
WE KNOW LEGALLY WE'RE GOING TO
END UP BACK IN COURTS.
THE FIRST ROLL-OUT, GENERAL
KELLY HAS TAKEN THE HIT.
HE SAYS I TAKE RESPONSIBILITY
FOR THIS.
WE KNOW FROM OUR REPORTING THAT
HE AND OTHER CABINET SECRETARIES
WERE LARGELY BLINDSIDED WHEN THE
FIRST TRAVEL BAN CAME OUT.
IT WAS ORCHESTRATED BY SENIOR
STAFF AT THE WHITE HOUSE LEVEL.
LISTEN TO SECRETARY KELLY TODAY
MAKING THE CASE NO ONE SHOULD BE
SURPRISED THIS TIME BECAUSE
WE'RE GOING TO DO THIS IN A
CALCULATED WAY.
>> I HAVE SPENT MUCH OF DATE ON
THE PHONE EXPLAINING THE INS AND
OUTS.
I DID THE SAME THING LAST WEEK.
THERE SHOULD BE NO SURPRISES
WHETHER IT'S IN THE MEDIA OR ON
CAPITOL HILL.
THANK YOU VERY MUCH.
THANKS FOR YOUR TIME.
>> OR IN HIS OWN OFFICE.
THIS IS THE POINT I WANTED TO
MAKE THERE.
THEY WERE NOT HAPPY THE FIRST
TIME.
>> THEY WEREN'T.
ACTUALLY, WHEN KELLY WENT OUT
AFTERWARDS.
, HE HAD THE PRESS CONFERENCE TO
EXPLAIN WHAT HAPPENED.
THAT'S WHEN REPUBLICAN MEMBERS
OF CONGRESS FELT A LITTLE BIT
BETTER.
THEY BELIEVED THAT KELLY HAD IT
UNDER CONTROL.
THEY COULD STASH THE BLEEDING
JUST A LITTLE BIT.
THAT WAS INTERESTING JUST TO
HAVE THE SECRETARIES BEING A
PUBLIC FACE OF THIS.
IT'S POLITICALLY FOR THEIR OWN
PARTIES TO HAVE THEM SELLING
THIS, EXPLAINING IT, AND LOOKING
LIKE THEY'RE THINKING THROUGH
IT, RATHER THAN HAVE THE
PRESIDENT HIMSELF, WHO HAS KNOWN
TO SHOOT FROM THE HIP TO DISCUSS
THIS.
THE QUESTION IS WHAT DOES THE
REPUBLICAN LEADERSHIP DO?
WE KNOW THAT PAUL RYAN IN THE
PAST CRITICIZED THE ROLL-OUT,
BUT NOT THE POLICY.
WHAT ABOUT SOME OF THE OTHER
PEOPLE WHO HAD BEEN LONG-TIME
CRITICS OF THE TRUMP
ADMINISTRATION, THE LINDSEY
GRAHAMS OF THE WORLD.
DO THEY COME DOWN?
DO THEY CALL THIS TAN TANTAMOUN
A MUSLIM BAN?
I THINK YOU'LL HAVE THE CRITICS
STILL BE CRITICS IN THE
REPUBLICAN PARTY.
>> THAT'S ONE OF THE REASONS IT
WAS -- BLOCKED IN THE COURTS.
>> IN THAT THEY WERE CONTINUING
TO ASSERT THAT THE ORIGINAL
TRAVEL BAN WAS PERFECTLY LEGAL.
>> THEY WILL DROP THAT FIGHT AND
SAY THAT FIGHT IS NOW MOOT.
THEY HAVE TRAVEL BAN NUMBER TWO.
THE ATTORNEY GENERAL SAYING THIS
IS LEGAL.
YOU HAVE THE SECRETARY OF
HOMELAND SECURITY SAYING
ESSENTIALLY SORRY.
THIS TIME WE'RE GOING TO BRIEF
YOU AND TAKE OUR TIME.
IT'S NOT IMPLEMENTED UNTIL MARCH
16th.
THIS IS DONE IN A CAREFUL WAY.
WE KNOW IF THERE HAD NOT BEEN A
DEBATE AT HOME, BUT AROUND THE
WORLD, MANY U.S. ALLIES HAVE
CRITICIZED THIS SAYING THEY
BELIEVE THE PRESIDENT IS DOING
SOMETHING THAT'S NOT GOOD FOR
THE FIGHT AGAINST TERRORISM, SO
THE SECRETARY OF STATE WAS PART
OF THE ROLL-OUT THIS TIME, AND
HERE WAS HIS MESSAGE TO OUR
ALLIES AROUND THE WORLD.
>> TO OUR PARTNERS AROUND THE
WORLD, PLEASE UNDERSTAND THIS
ORDER IS PART OF OUR ONGOING
EFFORTS TO ELIMINATE
VULNERABILITIES, THE RADICAL
ISLAMIST TERRORISTS CAN AND WILL
EXPLOIT FOR DESTRUCTIVE ENDS.
>> RADICAL ISLAMIST, NOT RADICAL
ISLAMIC AS THE PRESIDENT LIKES
TO SAY.
>> THIS IS SO DIFFERENT IN
COMPLETELY HOW IT WAS ROLLED OUT
ARE BUT THE BIGGEST DIFFERENCE,
THE PRESIDENT HAS AN TERM NOW.
THAT WAS ONE OF THE BIGGEST
PROBLEMS ON THE FIRST FRIDAY
WHEN HE SIGNED THAT AT THE
PENTAGON.
HE DIDN'T HAVE HIS JUSTICE
DEPARTMENT IN PLACE.
IT WAS SO RUSHED.
THIS IS HOW IT'S DONE.
I THINK REPUBLICANS WILL RESPOND
TO THIS MUCH BETTER.
IT'S SOFTER.
IT IS GOING TO BE CHALLENGED, OF
COURSE.
HE CAN DEFEND IT.
THAEGTS A HUGE DIFFERENCE.
LOOK HOW THE PRESIDENT SIGNED
THIS.
IN FACT, WE CAN'T LOOK AT IT.
THE MEDIA WAS NOT ALLOWED IN THE
OVAL OFFICE.
THIS IS A PRESIDENT IN THE FIRST
SIX WEEKS OR SO WHO SEEMS TO ME
TO LOVE SIGNING EXECUTIVE
ORDERS.
HE HOLDS THEM UP.
>> I THINK THAT'S VERY REVEALING
AS WELL.
>> THERE WERE NO QUESTIONS TAKEN
AT THE ANNOUNCEMENT EITHER.