Return to Transcripts main page

NEW DAY SATURDAY

Federal Judge Halts Trump Travel Ban Nationwide; Qatar Airways Updates U.S. Entry Requirements; Worldwide Outcry Against Trump's Travel Ban; Justice Department To Challenge Judge's Halt To Ban; Patriots and Falcons Get Ready For Super Bowl LI. Aired 6-7a ET

Aired February 4, 2017 - 06:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

[06:00:03] UNIDENTIFIED FEMALE: President Trump's executive order banning immigration from those seven Muslim majority countries is halted.

UNIDENTIFIED MALE: Nothing is more sacred in our country than the rule of law, period, full stop. That's it and it applies to everybody in the country even the president.

PAUL CALLAN, CNN LEGAL ANALYST: There are 1,200 sitting federal judges in the United States and this is a ruling by a one judge who is essentially overruling the president of the United States.

UNIDENTIFIED MALE: This president is not going to take this lying down. A very strong signal from this White House that they intend to go right after that temporary restraining order as soon as possible.

UNIDENTIFIED MALE: You can disobey the order of the Washington judge, and then we have a real crisis.

UNIDENTIFIED FEMALE: The government is reinstating visas and is, quote, "back in business as usual."

(END VIDEO CLIP)

CHRISTI PAUL, CNN ANCHOR: Good morning, everyone. What a Saturday morning it is already. So good to have your company, though. I'm Christi Paul.

VICTOR BLACKWELL, CNN ANCHOR: I'm Victor Blackwell. Welcome to our viewers here in the U.S. and around the world. Breaking overnight, the White House now gearing up for a legal battle over President Trump's travel ban. A federal judge striking a blow to the president's executive order putting a temporary halt to the immigration ban nationwide.

PAUL: Yes, the ruling coming from Washington State where the attorney general there says no one is above the law, not even the president. The federal government was sent scrambling late night to reinstate visas. Authorities also told airlines go ahead, board travelers who were previously caught in this ban. But the Trump administration has vowed to appeal, could set up a second straight weekend of real uncertainty at airports across the nation.

BLACKWELL: We have a team of reporters and legal experts standing by to break down what this ruling means and what comes next. Let's start in Washington with CNN's Ryan Nobles. He's there with reaction and reaction from the White House was swift, Ryan.

RYAN NOBLES, CNN CORRESPONDENT: Yes, no doubt about that Victor, and you can be sure that this has just begins what is going to be a lengthy and possibly bitter legal battle over the future of this executive order from the Trump administration. It is something as you said, Victor, that the White House has vowed to fight right up until the very end.

But make no mistake, this ruling has a direct and immediate impact, effectively halting Trump's executive order that prevented travel from those seven Muslim majority countries. And the Customs and Border Patrol telling airports around the country that it's back to business as usual as they begin the process of reissuing these visas.

Now this all stems from this emergency temporary restraining order that was put in place nationwide by a judge in Washington State, which effectively ended this Trump executive order at least for the time being.

Now, this could lead to another round of confusion at airports all around the country, as airlines and Customs officials attempt to try and figure out exactly how to implement this judge's ruling.

Now the attorney general in Washington State, who argued this case, Ben Ferguson, said, that it's not his fault that this could lead to another round of confusion, but it instead it is the fault of the White House. Take a listen.

(BEGIN VIDEO CLIP)

BEN FERGUSON, WASHINGTON ATTORNEY GENERAL: The question went today because this happened at 4:00 with a recent confusion. I'll tell where you there's been confusion, the president's executive order. That's what caused confusion. I'm sorry, there's no other way to put it. It's keystone cops, it really is. That's not just me speaking, it's Republican members of Congress. That's what caused the confusion. Again, there's nothing confusing about what the judge ordered and the federal government will be expected to abide by it, and they will.

(END VIDEO CLIP)

NOBLES: Meanwhile, the White House not backing down in any way, shape or form. Take a look at this statement from White House Press Secretary Sean Spicer from late last night, "At the earliest possible time the Department of Justice intends to file an emergency stay of this order and defend the executive order of the president, which we believe is lawful and appropriate.

The president's role is protect the homeland and he has the constitutional authority and responsibility to protect the American people." Interestingly enough when the statement first came out, it included the word outrageous to describe the judge's order.

A second statement was later put out and that word was removed. So at this point, Victor and Christi, we're still waiting on the Department of Justice's official response to this decision in Washington that could comment anytime this morning -- Victor.

BLACKWELL: All right, Ryan Nobles for us in Washington. Thank you so much.

PAUL: I want to take you now to CNN's Rachel Crane at the JFK airport. Last weekend, we were sitting here, Rachel, and there were all kinds of confusion at airports. What's it like there this morning?

RACHEL CRANE, CNN CORRESPONDENT: Well, Christi, there are still an incredible amount of uncertainty here at JFK, how this new ruling will impact travelers. Now CBP officials held a conference call last night at around 9:00 p.m. with all of the major airlines saying that business would go back to usual, prior to the travel ban.

[06:05:04]This is according to an airline executive. Now, following that call, American Airlines, taking down their travel alert on their website. Also Qatar Airlines putting out a statement saying, "As directed by U.S. Customs and Board Protection, nationals of the seven affected countries listed below and all refugees seeking admission presenting a valid, unexpired U.S. or Lawful Permanent Resident card will be permitted to travel to the U.S. and will be processed according upon arrival."

Now Christi, advocacy groups, though, are proceeding with caution. Some groups are encouraging people to take advantage of this moment with all of this uncertainty. However, other advocacy groups not wanting to get people's hopes up and are just waiting to see how this all plays out.

Now, the State Department is working with the Department of Homeland Security, working to determine the effect of the stay. But as we pointed out, last weekend, we saw a huge grassroots protest here at JFK, demanding the release of the detainees that were held, just following this executive order.

And you know, Christi and Victor, we will see how the day unfolds here at JFK with all of this confusion and uncertainty.

PAUL: All righty, Rachel Crane, thank you so much.

BLACKWELL: All right, so let's bring in CNN legal analyst and criminal defense attorney, Danny Cevallos, joining us on the phone, and here with us in studio, immigration attorney, Jessica Stern. Good morning to both of you. And Jessica, I want to start with you, now that this judge,

Judge Robart, has placed this temporary restraining order on this executive order, would you advice people in these seven countries now to get on to planes now that they had these visas that were valid, they are being validated again to come here to the U.S., or is the legal situation too volatile and you'd suggest that they wait?

JESSICA STERN, IMMIGRATION ATTORNEY: I actually would advise that they get on a plane and come into the U.S., Victor, because the court has said that there is a likelihood of success on this lawsuit that has been filed by the state of Washington and by Minnesota.

And so the likelihood of this reverting back to the ban being in place, anytime soon, seems to be low. Yes, the White House will be appealing the decision, but ultimately, the fact that this temporary restraining order was issued in the first place is a strong indication of where this is going to go and where it's headed.

BLACKWELL: OK, Danny, let me come to you, this restraining order applies nationwide. There have been other findings over the past week in relation to the president's executive order that were limited in scope in the district in which the judge presides. But Judge Robart explained this to the rest of the country. Explain why.

DANNY CEVALLOS, CNN LEGAL ANALYST (via telephone): It's a fascinating issue. The judge actually (inaudible) probably the only real legal citation that had any teeth, cited a very similar case arising out of Texas that involved the prior administration.

But the important part of it is that that case stands for the proposition at least for this judge out of the Fifth Circuit, and this would be a case out of Washington that we're talking about today. That immigration laws should be enforced vigorously and evenly throughout the entire country.

And based on that, the judge struck down this policy, not just in his jurisdiction, the state -- the district in which he sits in Washington but nationwide. And what's fascinating is that in theory, the president could choose which court he decides he wants to follow.

He could choose to follow the one court that sort of validates his policy or he can choose to follow the court in Washington. And if he decides to claim that the court in Washington -- he doesn't have to follow that court, then we have a bit of a constitutional crisis on our head.

BLACKWELL: So, this calls for immediate relief here, Jessica. Let me come back to you. For the people who want to come into the U.S., who attempted to come in last week right after this was enacted, how quickly can these visas be reinstated? We know that tens of thousands were revoked during the week since the executive order. How quickly can these visas been reinstated?

STERN: There's been conflicting numbers too as well. So we heard 40,000 and somewhere between that and 100,000. So, it's the government, they're going to need to act swiftly in order to process these tens of thousands of visas. But we do know that in some of the orders that took place earlier last week that there was some delay and the Border Protection Agency is complying with the orders.

[06:10:00]And so, it seems as if they are addressing it and they are recognizing it, and hopefully it will be followed, but it will take some time for the visas to be reissued. However, the airlines are now supposed to be letting these folks on board with the visas.

BLACKWELL: There's been probably a half dozen defeats for the president's executive order. There was one just before this ruling came down from the judge there in Washington State there was one victory there in Boston. But I wonder as we await the response from the government, what do you expect will be the legal foundation, their argument, as they appeal this restraining order?

CEVALLOS: Well, we saw from the briefs and we even saw from Sean Spicer's statement out of the White House that they believe the Immigration and Nationality Act gives the current administration the power to bar entry to those people that it deems dangerous.

Now, of course, the state of Washington's position on that was that that particular section of the law is over the newer federal laws that say, no, not quite. In fact, you can't discriminate against people.

And then, of course, the state of Washington's position is that no matter what the federal law says, it is unconstitutional, it's a violation of the establishment clause, the equal protection clause, to discriminate against people based on race, national origin, religion, et cetera.

So, that -- the White House's position will be clear from both a statement and its briefs, on the basis under which it will appeal. And, frankly, given the state of the different circuits and the circuit splits, you know, a reasonable judge on the 9th Circuit might agree with the current administration. It's really reasonable minds may differ on this issue, as you can see, because they do.

BLACKWELL: Jessica, finally to you. For people who are testing to come into the country and found themselves in this situation last week it they were OK to come in potentially when they got on the plane on Friday morning, afternoon Eastern Time, but by the time they got here, they were under this ban. What protections would they have, potentially, if that were to happen again, if they tried to get in, considering this restraining order?

STERN: Well, the change happened in midflight for so many of these people. Ultimately, if an airline left them on the plane, they should be admitted into the United States. But it's hard to sue the government, sovereign immunity is usually the main reason why people can't bring claims like this against the government.

But we're seeing that people are not able to get to their jobs, companies in Washington, like Amazon and Expedia, they're missing out on their employees. Students of colleges are not getting to school on time. It could lead to issues that have further implications.

But the advice is to not leave the country if you're currently here just because we don't know how sensitive it could be or how quickly it could change. But if you are able to get on a plane and come into the United States, our advice is that you should.

BLACKWELL: All right, Jessica Stern, Danny Cevallos, thanks so much. We'll continue this conversation throughout the morning -- Christi.

PAUL: Well, the disappointment and the disgust over President Trump's travel ban we've seen across the nation this week is being echoed across the globe. Several protests overnight and expected to continue throughout the day.

None more eye catching, though, than the protest on the cover of this magazine. The story behind the controversial image, that's coming up.

(COMMERCIAL BREAK)

[06:16:57]

PAUL: Welcome back. We're following breaking news this morning. The White House scrambling to challenge a federal judge in Seattle, a judge who blocked President Trump's immigration order.

BLACKWELL: Now following the judge's order, airlines will begin reinstating visas that were cancelled when the order took effect that was last weekend. Refugees with valid visas, refugees and migrants will be allowed to travel. Now the White House is expected to call the Department of Justice to file an emergency stay to that order.

PAUL: This worldwide too is a rebuke of President Trump's order, people are protesting in London. Right now, we have a crew that's headed there. We're going to bring you those images as soon as we get them. Demonstrations also expected today in Paris.

BLACKWELL: Now this is the latest state of protests across the globe with signs, chants of unity, marches there in Sydney, Australia, calling for immediate action of refugees.

Dozens of students and activists in Indonesia, they demanded that their government ban Trump. That adds to several protests along the east coast of the U.S. happening today.

Here's the list, 1:00, there will be marchers at the White House, also in Miami, Philadelphia, and then there's the LGBT solidarity rally over the ban at 2:00.

Finally, a march at 6:00 tonight in West Palm Beach, Florida. We should say, that this list could grow. As we saw last week, there were spontaneous demonstrations at airports across the country so expect this list to increase.

PAUL: Joining me to talk about it, Haroon Moghul, a senior fellow and director of developments in the Center on Global Policy. Haroon, thank you so much for being here. First of all, I want to get your reaction to what's happened overnight.

HAROON MOGHUL, SENIOR FELLOW, CENTER ON GLOBAL POLICY: It's good news, I think. A lot of folks, I think across the United States and across the world are really worried about what this meant, and whether or not America could stay America.

Obviously, we don't know exactly how this is going to play out, but it's nice to see that there's support for this in a lot of different corners. The state of Washington appears to have standing.

To have Amazon, a big tech company is behind this also matters and to be joined by Minnesota also matters. It means that this is not something that the American people I think as a majority wants and it's not something that our legal system is going to accept.

PAUL: Do you expect that people, who had their visas revoked, are going to scramble to get on planes and get back to the U.S. at this point, if they see this window of opportunity?

MOGHUL: We have to remember, though, a lot of people who are affected by this, their entire lives are in the United States. They have families here. They have jobs here. They have -- their entire life is set up in this country. Tens of thousands of people were implemented in this.

It was implemented in such in an incompetent and chaotic and frankly heartless fashion that for those people, I would imagine they'd want to be here as soon as possible because is this their home.

Obviously, there are other people for whom the connection is not quite the same and I would imagine they would probably be a little bit more circumspect, but I'm hopeful that this gives people whose lives were interrupted and in some cases damaged by the Trump administration a chance to basically try to resume things.

PAUL: If they do come home, do you think they'll feel safe if they come back to the U.S.?

MOGHUL: It is hard to. Let's be honest. The Trump campaign stressed the idea of a Muslim ban, of a wall, of mass deportations almost from the very beginning.

[06:20:11]We can't forget how he started his campaign. How we have heard from Mexicans, for example, and the kinds of things he said about the certain kinds of Americans and human beings. And so there are people who say this isn't a Muslim ban, but to me, that's naive, if not offensive.

We've all been paying attention for last year and a half. We understand what it means when you have a candidate who is supported by white supremacists, one of his senior advisors created a platform of equity and made it national socials acceptable again in many parts of the United States.

And so for him to then come out and say, no, it's not a Muslim ban, it's a travel ban or it's simply a restriction or it's a national security directive. Look, national security has been an excuse we've used in this country to harm people in this country, and throughout the world for a very long time.

So it's hard to feel safe and this doesn't go away. And that's one of the most upsetting things about this is that no one in the world is going to forget this.

PAUL: So, a lot of people who support Donald Trump who say, look, I'm not a racist, I'm not a bigot, I just want to be safe. Is there an understanding of that problem in Muslim community?

MOGHUL: Absolutely. Who wants to see extremism and terrorism, but how do you keep the country safe by alienating the very countries you need to work with to fight terrorism? If Donald Trump really cares about terrorism and people's safety show me a single comment from him about the Quebec City terrorist attack where the terrorist who attacked and killed six people worshipping claimed to be basically the far right.

Not a single comment. He doesn't care about terrorism. He doesn't care about violence against Muslims or people of color or minorities, he only cares about certain violence. That's the definition of supremacism and shoganism (ph). That is not what the United States is about.

PAUL: There's a German magazine, we just showed, and we'll show the cover again, it's blasting President Trump's handle on America. This is quite controversial. What is your reaction to it when you first look at it?

MOGHUL: I have to say, I gasped. I was a little bit surprised by the violence of the image. I'm not a fan of that kind of image. I'm not a fan of that kind of dialogue. I'm not a fan of that kind of conversation.

If the purpose was to draw our attention to what's happening, I mean, here we are discussing it, so I suppose in that sense it works. My problem with that kind of image is my problem with what we saw on the Trump campaign. Being offensive and racist certainly gets you retweets and attention and air time, but it's not the foundation of a democratic conversation.

WHITFIELD: I want to show you -- I think we've got video of what's happening in London at this hour. Some of live pictures here of some of the protests that are going to be going on today against Donald Trump's executive order. When people of the Muslim faith and the Muslim community look at these -- these kinds of crowds that are coming together to fight this, what is your feeling? What does that do for you?

MOGHUL: For me, it's a powerful feeling. For me, obviously, you know, there's an element in this, where if you're a minority, you're a person of color, a certain faith, you feel threatened. The larger question is here what is happening to the United States and what is happening to the west. To me, it's not just that's great a lot of people and our

allies came out in solidarity of Muslim communities. It's that a lot of people across the world are standing up in defense of certain core values.

And across the United States, all these protests from different communities, people from all different walks of life and different parts of the country really represent this idea that the United States is not supposed to be a country where we use religion to define identity or nationality.

That's not a Muslim concern. That's a secular democratic concern. That's something that we need to put front and center. This is not just about my community or my rights. It's about everyone's rights.

PAUL: Haroon Moghul, so appreciate having you with you us today. Thank you for sharing your points and your thoughts.

MOGHUL: Thank you.

BLACKWELL: Let's bring in Paris Dennard, CNN political commentator and Republican strategist. Paris, good morning to you. Judge Robart from the bench said this when issuing this temporary restraining order.

The federal government was, quote, "arguing that we have to protect the U.S. from individuals from these countries and there is no support for that." I assume you disagree with there being no support for that, what's your case?

PARIS DENNARD, CNN POLITICAL COMMENTATOR: I think at the end of the day, we have to look at the intent behind what our president was doing. He's doing exactly what he said he was going to do on the campaign trail, and now as president, he's putting America first.

And when you put America first, you have to remember, and everyone does, that there are people around the world, especially in these seven countries that want to do us harm.

There are people around the globe whose sole intent, sole mission is to destroy not only our way of life, but other countries like in Israel. And so what the president is doing understanding the weight of the world, understanding the threat terror levels across the country especially on our homeland is acting, putting in actionable things in this executive order to have a stay on travel.

[06:25:13]And to do extreme vetting to make sure that those who are coming into the country are who they say they are, they're going to do what they say they're going to do, and ultimately keep their country safe. So the idea that this is somehow targeting Muslims or somehow racists or somehow doing anything other than keeping the country safe I think is false.

BLACKWELL: OK. So let's separate the intent from the execution because much of what the argument from the attorneys general from the state of Washington and Minnesota who brought this suit into the 9th Circuit there, they say what the problem here was, was the execution and the selection of these seven countries.

What we've also heard during this last week since this has been in place, was that not one of these seven countries, Iraq, Iran, Syria, Sudan, Yemen, Libya there and Somalia as well, not one of them has committed a fatal attack here on U.S. soil. So the selection of these countries, what's the argument for the justification for those?

DENNARD: Well, I think that if the judge and the state of Washington have a question about those seven countries, they should ask the former administration. They didn't have a problem with it then because these seven will be determined by the Trump administration. They used intelligence and they used the reporting and confirmations from the Obama administration.

BLACKWELL: But the limitations on the visa waiver program that is a flat-out ban. But let me ask you --

DENNARD: I'm just saying, the seven countries were determined by the Obama administration and approved by the Congress. That's where it came from. If they have a problem with that, they should go back and ask them why they chose them.

BLACKWELL: But that's for the limitations on the Visa Waiver Program not an outright ban, but Republican members of Congress have been critical of the execution of this executive order. How much support do you expect you'll find in Congress as the White House and the Department of Justice executes this appeal to the judge's order?

DENNARD: I think there's going to be a lot of support because what these members of Congress remember is that they were put here by the people. When they look at who voted for President Trump and who voted for them. They're going to find a lot of support for his mission and what he stands for, which is keeping America first. And so I think they're going to think twice before going against the president of the United States because their constituents want this.

BLACKWELL: We have already heard that and we have also seen in latest polling that there is opposition to this travel ban and there are people who believe that this is an effort to keep Muslims out of the country and not just a travel ban on these seven countries, that's according to the latest CNN/ORC poll out yesterday.

Paris Dennard, we'll continue the conversation throughout the morning. Thanks so much.

DENNARD: Thank you, Victor.

BLACKWELL: Christi.

PAUL: President Trump would say that his first two weeks in office have been a huge success. The polls may show otherwise. How do his numbers stack up to other presidents after their first couple of weeks in office?

(COMMERCIAL BREAK)

[06:31:03] PAUL: Good to have your company. 06:31 am is the time on this Saturday morning. I'm Christi Paul.

BLACKWELL: I'm Victor Blackwell. Good morning to you. Breaking overnight, a federal judge puts a temporary hold on the President's immigration ban, applying the ruling nationwide. Now, the White House is gearing up for a legal battle.

PAUL: On one side, the Department of Justice failing to fight the ruling. On the other, the Attorney General in Washington State, where this ruling came down, saying, "No one is above the law, not even the President." Federal government was sent scrambling late last night to reinstate visas. Authorities also told airlines, go ahead, board travelers who were previously caught in the ban. As the Trump administration plans to appeal that decision, airports across the country, they're kind of gearing up for a second straight weekend of some uncertainty. Not only just across the country, but globally.

BLACKWELL: All right. Let's talk about this with CNN Political Commentator Errol Louis and CNN Politics Reporter Eugene Scott. Good morning to both of you.

EUGENE SCOTT, CNN POLITICS REPORTER: Good morning.

BLACKWELL: So, let's put up the White House's response, the statement, if we have it. And I'll read it. "At the earliest possible time, the Department of Justice intends to file an emergency stay of this order and defend the executive order of the president, which we believe is lawful and appropriate. The president's order is intended to protect the homeland and he has the constitutional authority and responsibility to protect the American people."

Errol, first to you, initially this order was described by the White House as outrageous, but they omitted that word just minutes later. What do you make of their response and the omission then of outrageous?

ERROL LOUIS, CNN POLITICAL COMMENTATOR: I think the changing of the statement and the omission of the word is a belated recognition that they don't get to do whatever they want, that there are checks, in fact, on the presidency, that the courts have the power to really make life difficult for them and that they're going to have to start making a case. That involves both moderating their tone - I think that's why that word vanished - as well as assembling some actual data, assembling some real proof that what they were doing was intended to protect the homeland, not simply make good on a campaign promise.

BLACKWELL: Eugene, I want to pick up with you where I left off with Republican Strategist Paris Dennard just a couple of minutes ago that Republicans in Congress have already expressed some disappointment, let's say, in how this executive order was executed. One saying that the vetting wasn't appropriate - it wasn't vetted properly, I should say. How do you expect or how strongly do you expect Republicans in Washington to come out in support of this president and DoJ as they fight this appeal? SCOTT: I think as we see supporters of Donald Trump continue to challenge these lawmakers to get behind him, that will certainly shape how some of them respond, but so will many of the critics. I think these people are seeing that many people within their districts have been very hostile to this whole policy issue. I think what we're seeing is people focus on the rollout being problematic, but people aren't realizing that there perhaps was no clear, clean way that this rollout could have happened more smoothly. They say that it is the policy that is, in fact, problematic, and that's what this federal judge is backing up as well.

BLACKWELL: What's the degree of support - are you expecting - Errol, the latest CNN/ORC poll shows that there is just 47% support for the President's travel ban versus 53% who oppose it.

[06:35] LOUIS: You know, it's interesting. I'm dying to unpack that number a little bit. I'm sure there's some percentage of people who are opposed to it not because they disagree with the end goal, but because they don't like the execution of it. You know, we found some of that with Obamacare. How you get the stuff done will determine whether or not a lot of Americans who might be on the sidelines are going to support you. But beyond that, I think they're going to have to take into account - and by them, I mean the White House, they're going to have to take into account, again, this desire, understandable desire, even commendable, frankly, in political terms - to try and do what you said you were going to do against a public that's just not liking it. And, you know, they can clean up some of it with better execution, they can clean up some of it by actually making a legal case and establishing that this is proper, but then they're going to have to go out and sell this policy, and that's a big part of what the president has to learn how to do.

BLACKWELL: So, Eugene, there is going to be the legal response, which could come at any time, and there's going to be the political response to defend the president's executive order and that may be, in part, focused on this judge, James Robart. I want you to listen to what he said in August. This was during a hearing in an unrelated case involving accusations of excessive force in the Seattle Police Department. Watch.

(BEGIN VIDEO CLIP)

JUDGE JAMES ROBART, FEDERAL JUDGE IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON: These shootings resulting in deaths involve 41% black people despite being only 20% of the population living in those cities. 41% of the casualties, 20% of the population. Black lives matter.

(END VIDEO CLIP)

BLACKWELL: You've got the judge there from the bench saying black lives matter. Whether it's warranted or not, it seems like this sets up the activist judge narrative, again, whether that's warranted or not, not the black lives matter statement.

SCOTT: Absolutely. I mean, we know that this circuit in Washington is traditionally more liberal than many other circuits. And when this judge made this ruling last night, almost immediately, critics of him went out and said that this was an activist move and that's something that Donald Trump campaigned on regularly, replacing activist judges.

The challenge with this is the narrative that activism is something that is unique to the left is just not factual, and so what people are going to have to prove to determine whether or not this is in the best interest of Americans and national security is whether or not it's constitutional. That's what the focus is going to be on both sides.

BLACKWELL: You know, I had a lot to discuss this morning. Eugene Scott, Errol Louis, thank you both.

SCOTT: Thank you.

LOUIS: Thank you.

PAUL: Well, so as we've been talking about the Trump administration getting ready for this legal showdown regarding this court ruling to put the temporary hold on the President's immigration ban nationwide, we've got reaction for you from Baghdad, Iraq. Stay close.

(COMMERCIAL BREAK)

BLACKWELL: All right. Pushing forward now on the breaking news, the Justice Department could soon respond to a federal judge's ruling, temporarily blocking that travel ban put into place by President Trump. Now, refugees and migrants with valid visas will be allowed to travel into the US. The ban blocked people from seven predominantly Muslim countries from coming into the US. Customs and Border Protection has informed all major airlines and it's in the process of reinstating those tens of thousands of visas.

[06:40] PAUL: A slap in the face, insulting - that's how citizens in Iraq are reacting to Trump's executive order. CNN's Senior International Correspondent Ben Wedeman joining us live from Baghdad, Iraq. What are they saying this morning, Ben, as we learn that people can now board planes and come back to the US as of this hour?

BEN WEDEMAN, CNN SENIOR INTERNATIONAL CORRESPONDENT: Christi, we've spoken with Baghdad International Airport. They say nobody has shown up so far today with the intention of traveling to the United States, keeping in mind, of course, there are no direct flights between Iraq and the US. We did, however, go out on the streets. Now, today, Baghdad is holding its annual marathon. There were 4,000 people running through the streets of Baghdad. We were able to speak to some people on the streets and they described the US policy on visas to that country as confused, ambiguous, unclear.

One man we spoke to said, "Even if I had a visa, I wouldn't go at this point because I never know; I might arrive, they could detain me or send me back." And, of course, keep in mind, it's no easy feat to get an American visa, whether it's as a refugee or simply as a businessman or a tourist. It takes time, it takes money and, of course, it's expensive to buy a ticket as well. So, I think, for the moment, people are holding off and waiting to see what happens next because, what we've seen, within the course of just one week, this executive order came into effect. Initially, they said green holders wouldn't be let in, many of them were sent back, then they said green holders could go, now the executive order is on hold. We don't know what the situation and certainly Iraqis don't know what the situation is going to be tomorrow. Christi?

PAUL: Good point. Ben Wedeman, we appreciate the update. Thank you.

BLACKWELL: We'll get more on our breaking news throughout the morning, but let's turn now to Super Bowl LI, just a single day away. The Patriots and the Falcons get ready for the big day in Houston, and so is Andy Scholes. Good morning.

ANDY SCHOLES, CNN SPORTS CORRESPONDENT: Good morning, Victor. Yes, less than 48 hours away from Super Bowl LI. This is when the nerves start to set in for all the players. We'll hear from both teams, coming up in this morning's Bleacher Report.

(COMMERCIAL BREAK)

[06:45] BLACKWELL: One day. Just one day away now from Super Bow LI. And this is when the jitters really start to set in for some of the players.

PAUL: I just want to eat.

(LAUGHTER)

BLACKWELL: That's what matters.

PAUL: Good food. Good drinks. Good friends. Good game. Andy Scholes in Houston for us with more on the morning's Bleacher Report.

SCHOLES: Yes, good morning, guys. Everyone's excited by the Super Bowl tomorrow. For the Patriots and the Falcons, they are again set to play the biggest games of their lives. Now, for New England, many of their players have been here before. They have some experience. Falcons, though, many of them, it's their first taste of the Super Bowl. Not the case, though, as I just said, for some of the Patriots, especially Tom Brady. This will be his seventh time playing in the big game. And, well, he talked about the game, saying it's always an emotional roller coaster.

(BEGIN VIDEO CLIP)

TOM BRADY, QUARTERBACK, NEW ENGLAND PATRIOTS: You kind of have to be right on the edge. It's such an emotional game. It's a - you don't want to be out of control, but you can't play with no emotion.

DWIGHT FREENEY, DEFENSIVE END, ATLANTA FALCONS: This is a big moment. And the one thing you don't have to worry about is your emotions, bringing it on Sunday, because that's going to come. You know, you don't have to all of a sudden get hyped up for the game because the hype is already going to come.

(END VIDEO CLIP) SCHOLES: All right. The Falcons have the number one scoring offense in the NFL, while the Patriots have the number one scoring defense. This is the sixth time such a matchup has occurred in the Super Bowl. The number one defense has won four out of five times. So, definitely, a good sign if you are a Patriots fan.

All right. Vice President Mike Pence expected to be at tomorrow's game here in Houston. The Department of Homeland Security has designated the Super Bowl as a top-tier national security event and federal officials have, for months, been involved in the security planning and they're going to help secure Houston's NRG Stadium.

And be sure to tune into CNN later today, 2:30 pm Eastern for kickoff in Houston, a CNN Bleacher Reports special, former Super Bowl MVP Hines Ward, alongside John Berman and Coy Wire, and it gets you ready for tomorrow's big game.

All right. What's becoming a Super Bowl tradition for me, I got to make pizzas once again with none other than Archie Manning, National Champion Deshaun Watson and Papa John himself. Of the three years I've done this, I will have to say that is the best pizza I've made to date. Papa John definitely approves it, so that was a lot of fun.

And now, finally, guys, I want to show you this. Remember, one of the most popular commercials during the Super Bowl last year was the Super Bowl babies all singing together. You know, it highlighted people who were born nine months after their cities won the Super Bowl because, you know, people were extra-happy at that time.

In this year's NFL, well, they have an ad. Dressed up like famous NFLers such as Mike Ditka. You've got Joe Namath walking around in the big furry coat, you'll see here in a second right there. Some just really cute kids and it's going to be one of the most popular commercials for this year for sure. There you see, Marshawn Lynch, Von Miller. That kid looks to be exactly like Von Miller. So, that's going to be a good commercial to look out for tomorrow.

PAUL: I love it already. Hey, Andy, thank you so much. Those are some cute kids.

BLACKWELL: Yes.

PAUL: And they're going to one day look back at that and go, "What was I doing?"

BLACKWELL: I know, yes. With a fake moustache.

(LAUGHTER)

BLACKWELL: Hey, listen, we're going to talk more about commercials in a moment because instead of just the Doritos and the beer and the SUVs, this year, they're going political, some of these commercials. We'll talk in a moment.

(COMMERCIAL BREAK) [06:50] BLACKWELL: All right. One day before Super Bowl Sunday now, Super Bowl LI tomorrow, and sports fans gearing up for tomorrow's big game where the Boston Patriots - New England Patriots, let's expand the fan group there, and the Atlanta Falcons will go head to head. But the Super Bowl is much more than just the game, right?

PAUL: You know you are waiting for this commercial.

BLACKWELL: Of course, everybody is.

PAUL: There are many people who are waiting for the commercial. There are a few already getting some pre-game attention, though, as though as they use the platform to promote a larger political agenda, it seems. Joining us now, Go Mobile author and CEO of The 60 Second Marketer, Jamie Turner. So, we want to talk about Budweiser's pro- immigration commercial first. Let's take a look at it here.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: You don't look like you're from around here.

UNIDENTIFIED MALE (translated): Why leave Germany?

UNIDENTIFIED MALE: (INAUDIBLE).

UNIDENTIFIED MALE: Welcome to America.

UNIDENTIFIED MALE: You're not wanted here.

(END VIDEO CLIP)

PAUL: Playing politics, is it risky for companies these days?

JAMIE TURNER, AUTHOR OF GO MOBILE AND CEO, THE 60 SECOND MARKETER: It is a little bit of a risk, but, overall, the risk generally pays off. So, in boardrooms at Budweiser and Audi and everyplace else, they're sitting around going, do we want to take this risk. I'm always in favor of taking a risk because any PR is good PR, generally speaking. And I think Budweiser -

PAUL: Even in this divisive political climate, I mean, you're going to kick off a good portion of the electorate regardless.

TURNER: Well - and it would be interesting to see how people do respond to the immigrant spot from Budweiser. And I think, online, what you've seen so far is a lot of positive, a lot of very vocal negative. However, in the long run, we're talking about Budweiser right now, we're talking about their commercial, we're talking about their brand. That's a positive thing in the long run because it creates buzz and gets people talking about the brand, which is what everybody wants.

BLACKWELL: Let's talk about another ad. This is Audi and they're going after equal pay for equal work. That issue in their commercial. Let's play it.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: What do I tell my daughter? Do I tell her that her grandpa is worth more than her grandma, that her dad is worth more than her mom? Do I tell her that despite her education, her drive, her skills, her intelligence, she will automatically be valued as less than every man she ever meets?

(END VIDEO CLIP)

[06:55] BLACKWELL: What do you think?

TURNER: Loved that one too. Interestingly, it's an important issue and an emotional issue and it will get a lot of buzz as well. Less controversial than the Budweiser spot, but also just equally as important because it's dealing with a core issue of our humanness, which is what we're really all trying to do, is what's emotionally appealing to us and how can we tie that to our brand. Audi has done a terrific job on that.

BLACKWELL: We know that the customers are holding the CEOs of these companies accountable as we saw with the Uber CEO. And we have - later in the show, we have someone with Cleveland Clinic who is calling on that CEO to pull away from the president. So, there is this trend of people connecting how they spend their money with their politics and expecting those who lead these companies to do the same.

TURNER: Absolutely. That's a major shift that's happened culturally over the last decade or so. Really, Steve Jobs, when he became really linked with Apple, people started tying the CEO to the brand. More and more CEOs are saying, 'Hey, I've got to take a look at what's going on politically and how that impacts my brand and my involvement with politics and cultural issues and stuff like that.' So, you're spot on with that.

PAUL: They're paying so much money for these ads. Is there evidence that they actually get a financial payback for them and, you know, people going out and buying what they're branding.

TURNER: But trust me, they have algorithms inside every boardroom that they're looking at and saying, "Hey, this is a big deal. Are we spending our money properly here?" The bottom line is the cost of a Super Bowl commercial has doubled over last ten years. It's twice the rate of inflation and that, ultimately, means that people are taking a look at inflate gate basically. We have deflate gate with the Super Bowl. We also have inflate gate and that means that people are sitting around saying, "Is it worth $5 million?" And the short answer is, yes, it is, in the bottom line.

PAUL: $5 million for 30 seconds.

TURNER: Yes. And then, there's a lot of money around it too because there is money that goes into -

PAUL: To making it.

TURNER: Making it, the social media around it, everything. BLACKWELL: I'd say, the best example for me is GoDaddy. I didn't know anything about the company until that very first Super Bowl ad and that was the one that put them on the map. Jamie Turner, thanks so much for being with us this morning.

PAUL: Thank you, Jamie.

TURNER: Great to see you, guys. Thanks a lot.

PAUL: Appreciate it. Absolutely. Oh, my goodness. We've got a lot of news to talk to you about this morning.

BLACKWELL: Yes. Next hour of your NEW DAY starts after a quick break.

(COMMERCIAL BREAK)

PAUL: Welcome to Saturday. So, grateful for your company. As always, I'm Christi Paul.