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New Acting Attorney General Vows To Defend Trump's Orders; Protests Grow Over Trump's Travel Ban; Trump: Democrats Have Nothing Going But To Obstruct; Zakaria: People Will Want More Stability, Competence; Students Fear They Can't Go Home Under Ban; White House Fires Acting U.S. Attorney General; Impact of Travel Ban on College Students; Washington Governor Speaks Out on Travel Ban; University Student Arrested in Canadian Mosque Shooting. Aired 1-2a ET

Aired January 31, 2017 - 01:00   ET



JOHN VAUSE, CNN ANCHOR: Hello to our viewers in the United States and around the world. I'm John Vause. It has just gone 10:00 p.m. here in Los Angeles. You're watching CNN's breaking news.

A new acting U.S. Attorney General has been sworn in and immediately ordered the Department of Justice to enforce the Presidential executive order on immigration.

He replaces Sally Yates, who was fired on Monday night for refusing to defend the President's travel ban in court. The executive order stops people from seven Muslim-majority countries from entering the United States for three months. The order has sparked days of protest in the United States and around the world.

Well, joining me here now in Los Angeles; California Talk Radio Host, Ethan Bearman; California Republican National Committeeman, Shawn Steele; CNN's Senior Political Analyst, Ron Brownstein; and CNN Legal Analyst Defense Attorney, Mark Geragos. Mark, I want to start with you -- talk about the legalities here. Sally Yates, was a Chief Law Enforcement officer of the United States, she refused to enforce the law. So, the President was well within his rights to fire her.

MARK GERAGOS, CNN LEGAL ANALYST DEFENSE ATTORNEY: Well, yes. He's within his rights to fire her. But for all of those who keep calling her an Obama holdover, remember, yes, she was appointed by Obama. But so, was the gentleman who is now the acting Attorney General, they're both Obama appointees. And she specifically, was asked by the Trump administration to act as the acting Attorney General, until such time as Sessions either gets confirmed or not confirmed. The President's got the ability to fire an A.G. but ironically, it's taken Donald Trump only ten days to match what Richard Nixon took years to do, which is to fire an Attorney General who wouldn't do what you wanted him to do.

Now, you have to understand something, the part of the press release that was put out there today by the administration was, that they had cleared this with the office of Legal Counsel at the Department of Justice. The problem with that is that the office of Legal Counsel only looks at whether or not the form and whether or not it's facially constitutional. She was looking beyond that. There's two prongs to this. Is it constitutional; number one, as a law; and then number two, as its applied? And she -- it was her judgement as it's been two district court judge's judgment that it's not constitutional as applied.

VAUSE: OK. Well, we now have a new acting Attorney General. But Ron, to you, I want to read part of the press release from the White House. This one is said, "the acting Attorney General, Sally Yates, has betrayed the Department of Justice by refusing to enforce a legal order designed to protect the citizens of the United States." What does it say to you about the politics here?

RON BROWNSTEIN, CNN SENIOR POLITICAL ANALYST: Well. Look, I mean, it is not surprising that a President would dismiss an acting Attorney General who is not supporting an initiative of the administration. It is pretty shocking to do so in the kind of language that we saw on the same day, that we saw the President attacked John McCain and Lindsey Graham, and accused them of, you know, fermenting or desiring World War III or mocking the Democratic Senate Minority Leader.

Just an extraordinary kind of fuselage of personal insults and kind of line drawing here. You know, one thing is right, there's an argument that some people argue that the bible is literally true because each day in Genesis represents thousands of years. I sometimes think that since Donald Trump has been inaugurated, we are living through Genesis time, because so much happens every day. Not much of it. Truly unprecedented kind of in the American political scrum and it just -- I think the statement is just one more reminder of how deep into uncharted waters we are less than two weeks into this administration.

VAUSE: And Shawn, to you, Mark Geragos made this comparison to the Nixon administration. A lot of people are making the comparison, said this is 1973 where the Attorney General resigned rather than investigate, you know, the lead investigator for Whitewater.

ETHAN BEARMAN, CALIFORNIA TALK RADIO HOST: Even Mark wasn't trying to make that comparison --

SHAWN STEEL, CALIFORNIA REPUBLICAN NATIONAL COMMITTEEMAN: To do so would be foolish. Nobody remembers it. The beauty is that, very few people on the air right now really understand what Trump is doing or understand the phenomenon of Trump. And are still reacting as if it's candidate Trump, going back a year and a half. The world has changed. Americans have moved on. This Attorney General is definitely -- the most politicized Attorney General's office we've seen in American history. Much, much, much worse than ever Richard Nixon ever dreamed of. This Attorney General has taken partisan political positions and it's imbued all the staff members, and the middle staff members, and really needs a serious cleaning house. This is just an example of some of the festering sores that takes place in the administration under Obama.

VAUSE: So, you even suggest that she resign, rather than make a, you know, political statement?

STEEL: She's fighting.

[01:04:54] BEARMAN: I mean, she should have hung on as long as she could have to fight this, what I see is an unconstitutional executive order. It was rushed through improperly. But I think, what's -- what's being missed here is all of these activities are happening so rapidly from the new Trump administration. And it's done in a manner, so we can't stay focused long enough to fight him on certain issues. And that's what -- that's what this move was today.

VAUSE: OK. Let's go back to March 2015. This was the confirmation hearing for Sally Yates as Deputy Attorney General. She is being grilled by Senator Jeff Sessions. Listen to this.


JEFF SESSIONS, UNITED STATES SENATE REPUBLICAN: Well, you have to watch out because people will be asking and do things you need to say no about. Do you think the Attorney General has a responsibility to say "no" to the President, if he asks for something that is improper? A lot of people have defended the lynch nomination, for example, by saying, well, he appoints somebody who's going to execute his views. What's wrong with that? But if the views of the President want to execute, are unlawful, should the Attorney General or that Deputy Attorney General, say no?

SALLY YATES, UNITED STATES DEPUIY GENERAL: Senator, I believe that the Attorney General or the Deputy Attorney General has an obligation to follow the law and the constitution, and to give their independent legal advice to the President.


VAUSE: Mark Geragos, that seemed to be a career-ending answer for Yates. Is it a case now that --

GERAGOS: It's exactly -- and, you know, it depends on whose ox is getting gored. You've got the punitive -- you've got the punitive Attorney General there, basically, taunting her and saying, you make sure you stand up for the Constitution. But after all, remember, this is where -- this is not a land that's ruled by men but by law. She does what she's supposed to do and her reward is to be fired, and she's to be falsely accused of betraying or having a betrayal. I mean, it really is silly.

Any lawyer who studied Constitutional Law, knows that this order as applied -- not facially, but as applied was unconstitutional. Two judges have already issued, and both of those judges were not soft- touches, each were both former prosecutors. By the way, Sally Yates, is a former prosecutor, herself, who, by the way, was the lead prosecutor in the Eric Rudolph who terrorist -- domestic terrorist prosecution. This is no soft touch. So, anybody who wants to say, oh, she's a festering sore, or this, or that, they didn't -- they never said that in the previous 27 years of her career.

This is a woman who has the ethics, the morality, and the absolute fidelity to the constitution and not to a bunch of people who are over there trying to pander to whatever their campaign promises were. It is a constitutional issue. This isn't a political issue.

VAUSE: OK. Sorry. Let's bring is Ron. Ron Brownstein?

BROWNSTEIN: Yes. Well, and the eruption around this, really does set up an interesting dynamic around Senator Sessions confirmation vote, because you have had a number of Republican Senators; John McCain, and Lindsey Graham again, Lamar Alexander, and others, raise serious concerns about the executive order.

And they now have an actual point of leverage because it is not outside of the way the Senate has worked historically. If those Senators want to make a stand and say, look, we are not going to vote to confirm Jeff Sessions until we have some agreement with the administration to revise this order.

We've already seen Republicans; Rubio, Graham, and McCain, raise objections about Rex Tillerson, but then fall into line and vote for him. If they do, again, I don't think -- they raise objections again and then fall in the line and vote for Jeff Sessions. I don't think that Donald Trump is going to miss that message. I mean, whatever also they want Donald Trump is -- he's a student of power and it would be easy to imagine him concluding the Senate Republicans raising red flags about different things he's doing, or to use his phrase all talk and no action. So, I think we have an interesting dynamic coming ahead on whether they will use this point of leverage that they have, to force push forward the objections that they raised.

VAUSE: So, it does seem that there is a good deal of hypocrisy just looking at what Jeff Sessions was saying back in 2015.

STEEL: I see a lot of hypocrisy in politics and all sides, all the time. And, you know, Chuck Schumer talked about wanting a pause in with immigration in 2015, Obama did it himself with Iraq. Earlier than that Jimmy Carter did. And then when we talk for a 90-day reasonable pause of, you know, highly targeted terrorist countries, that is a temporary in nature, then that suddenly becomes hypocritical. We see hypocrites everywhere, but we see these two judges are so concerned about, you know, justice and constitution. They're all Obama picks, they're progressive democrats. For them it's a very political decision to try to make Trump look bad.

VAUSE: Ethan.

[01:09:44] BEARMAN: I mean, first off, in 2011, President Obama didn't stop immigration, he slowed it down; it was the visa waiver program. That was the plan. Secondly, you know, this has terrible optics where the beacon of liberty to the world, this sends exactly the wrong message to both our friends, our allies, and our enemies, all the above. And on top of it all, to just say, look, this is about terrorism? Well, what about Saudi Arabia? Why were they left off of the list if you're worried about terrorism, when we go back to 9/11?

VAUSE: OK. We already have a statement from the new acting Attorney General, recent part. "Based upon the office of legal counsel's analysis which found the Executive Order both lawful on its face, and properly drafted. I hereby rescind former acting Attorney General Sally Yates January 30, guidance and direct the men and women of the Department of Justice to do our sworn duties and to defend the lawful orders of our President." Mark Geragos, how can one Attorney -- one Attorney General find one legal ruling to be valid and constitutional, and another one finds it to be completely the opposite.

GERAGOS: Because he did exactly what I hate to get into the weeds here. But all he said is the office of Legal Counsel, found it to be facially constitutional. That means the law as written is constitutional. She specifically said, in her message to the employees it's not constitutional as applied. That's what the judges found, and I know that people want to say well they're Obama appointees. I'll reiterate it, the current -- the acting Attorney General is also an Obama appointee, and his claim to fame is he convicted the Virginia Governor, Bob McConnell, and that was then reversed by the U.S. Supreme Court. So, he has been spectacularly wrong in his legal analysis within the last one year.

VAUSE: Ron, the White House Spokesman, made it very clear early on Monday, to anybody within the administration. Either you are a part of the program or it's time to leave.

BROWNSTEIN: Yes. Look, I mean, again, the lines that are drawing that, you know, Donald Trump is not only building a wall on the Southern Border, he is building walls inside America. I mean, we are seeing a level of division, and kind of, you're with us or against us. Really on both sides of this that is extraordinary. You know, in addition to what Sean Spicer said today about, you know, line up or leave.

President Obama criticized -- former President Obama criticized what Donald Trump did today. Praised the protest over the weekend which are themselves unprecedented, two protest of this magnitude within a week of a President taking office, a former President speaking out so quickly, unprecedented. Donald Trump's disapproval rating in Gallup reached 50 percent over the weekend, eight days into his presidency.

Typically, you're talking five or six hundred days before a President reaches majority disapproval. This is -- this is a presidency that has the prospect of dividing America like no other. And I do believe that Democrats on Capitol Hill, are being pulled along by the visceral reaction from their base. Evident in the kinds of protests that you're showing right now. And it's going to be very hard for Democrats on Capitol Hill to kind of have a pick and choose on the menu. Work with Donald Trump on something's opposed him on others, I think this is being -- this is rapidly becoming, are you with us or are you against us kind of presidency. Both from the point of view of Trump and his critics.

VAUSE: Ethan you touched on this, Shawn touched on this, about previous executive orders on immigration. Other Presidents have used this power in the past; Ronald Reagan, used it five times; George H. W. Bush, once; Bill Clinton, 12 times; George W. Bush, six times; Barack Obama, 19 times in one form or another. But why is it different this time?

BEARMAN: Well, for me, this is different because this is being used as a shock tactic. It is done to placate the base, it's being done to anger the left, and anger Democrats and people who oppose him. And this is a classic strategy look throughout political history. This is actually a strategy to divide and conquer, generally done by strongmen and autocrats.

VAUSE: And -- but Shawn, to your point if this is no different then why there are thousands and thousands of people on the streets for days, and days, and days not just here, but around the world.

STEEL: The progressive left has lost America. Obama's numbers in terms of being a successful President is going out the window every single day. Everything that he put together through administrative actions is disappearing. Actually, Brownstein was wrong. Russ Pearson, shows that, Trump is actually 58% popular in the country. But see, that's a two world views. One world view --

BROWNSTEIN: Shawn. Shawn.

STEEL: Has the old technology, and the other world --

BROWNSTEIN: Rasma said. Shawn. Rasma said, is therapy not polling.

GERAGOS: Alternative facts in his alternative universe.

BROWNSTEIN: Gallup is -- Gallup is -- Gallup has polled on every new President.

GERAGOS: It's just say anything.

BROWNSTEIN: No President has reached majority disapproval in Gallup, with -- in anything like the period that we're seeing. Eight days.

STEEL: Ron, we know you're upset. Just get used to it.

BROWNSTEIN: Hey, I'm just telling you know. I'm just telling you what the facts are that he has reached majority disapproval in Gallup, in eight days.

STEEL: That's Gallup was wrong, they're discredited. They're phony organization.

GERAGOS: It's absolutely -- it's what they used to tell me, just because you repeated this does that make it right or true?

VAUSE: OK. It seems like another Federal Official lost their job in the past few hours. This one was much less public than Yates. The Acting Head of Immigration, Customs and Enforcements was replaced. Ron, what do we read with that? Apparently yet, Thomas Herman is the new Acting Head and is believed to be more sympathetic to the administration's hardline stance when it comes to the immigration.

[01:15:20] BROWNSTEIN: Right. Well look, the Trump's Administration's trying to get ahold of the government. They are proposing, you know, significant shifts in policy on many, many fronts. I mean, we haven't gotten up to today the former head of their transition on the EPA saying that they intend to pull out of the Paris Climate Treaty. They are moving to rapidly redirect policy at kind of a landslide level of change after a very narrow win in which they lost the popular vote. So, I think, you know, they are doing what they have to do to get control of the government. But it is going to be a wrenching process, I think. And these agencies one by one. And you do -- again, you come back to this question of all of these Republican Senators have raised questions about the Executive Order.

The real leverage they have is in a 52-48 senate. A narrow, you know, very narrow margin of error to approve the President's appointees to fill all of these jobs. Will they use that leverage in any way to try to get concessions from the administration?

VAUSE: OK, we'll leave it there, we're out of time. But Ron Brownstein, thanks very much for being with us. Mark Geragos, Sean, and Ethan here in the studio with me as well. Thanks to you both.

And with that, we will take a short break. Donald Trump's second week in office. It's only his second week in office. Off to a bumpy start, to say the least. In a moment, we'll speak to Fareed Zakaria and why he's describing the president's actions as chaotic and amateur.

Also, a Ohio police break up large crowds as demonstrators across the United States, take to the streets for another night of protests.


VAUSE: Welcome back, everybody. Came up 20 past 10 here in Los Angeles. U.S. President Donald Trump has sworn in an Interim Attorney General, hours after firing his predecessor. The now Former Acting Attorney General Sally Yates, an Obama Appointee, refused to defend the administration's Executive Order to temporarily stop refugees and citizens of seven countries from entering the United States. For days now, there have been protests from New York to here in Los

Angeles and in Ohio. Police used pepper spray to break up an anti- Trump demonstration. Amid the public outrage, the White House is not backing down and continues to defend the president's decision.


SEAN SPICER, WHITE HOUSE PRESS SECRETARY: This focus on securing our borders and our homeland was obviously a major part of what the president campaigned on and now he's doing exactly what the American -- he's doing exactly what he told the American people he would do. The president will always put the safety and prosperity of our country first and foremost.


[01:20:07] VAUSE: Fareed Zakaria, host of "FAREED ZAKARIA GPS" joins me now from New York. So, Fareed, why's the invitations here just 10 days into this administration? The Acting Attorney General has been fired for defying the Executive Order on the travel ban.

FAREED ZAKARI, CNN, FAREED ZAKARIA GPS HOST: Look, the whole thing seems extremely chaotic. Whatever interpretation you may have about that specific event and some of the others whether the orders are lawful, unlawful, wise, unwise, it certainly feels incompetent. And I think that is a serious problem for an administration that sold itself on its competence.

After all, Donald Trump's principle point about why he should be president was, "I'm a competent businessman, I'm a multibillionaire. I've run real businesses. I know how to do stuff. Trust me, nobody else in Washington can handle these issues -- these complicated issues. I will make it all work." Well, part of making it work is understanding how to get stuff done and how to get it through legally. How to get it through politically and if the whole thing feels sufficiently chaotic, unplanned and amateur that I wonder whether it is making some people recognize, in my view, that government is actually more complicated than business.

VAUSE: One of the things about this administration, though, it does seem to thrive on chaos. And we are seeing a lot of chaos right now.

ZAKARIA: You know, it thrived on chaos during the campaign. It remains to be seen if it will thrive on chaos as the presidency. It is one thing to promise a disruptive -- to be a disruptive force, to be a disruptive force in a campaign where frankly, people didn't like any of the other candidates and they wanted the idea -- liked the idea of somebody shaking things up. But when they start seeing what that means when you're president -- you know people often said, "Don't take Trump literally, take him seriously." But when you're president, you've got to take him literally and seriously because when he says stuff, it matters.

When he says to the Attorney General you're fired, she's fired. When you say, you know, there's a ban on people coming in, they are banned and airports go into chaos. So I think that as the president, as the administration, as the government, people are going to want a degree more of stability, of competence and continuity. But look, let's be honest, we have all been surprised by Donald Trump. Perhaps he'll surprise us again. So far indications are not that way. His approval ratings are the lowest of any president in 40 years or 45 years coming into the -- into this first week. But, you know, perhaps things will turn.

VAUSE: Earlier on Monday, the White House said that this travel ban had actually been a huge success. They said a few people had been inconvenienced at airports and that's a small price to pay for national security. They say everyone who's complaining about it is simply hyping it all up.

ZAKARIA: Well, it's very odd to describe it as a success because, you know, frankly, nothing has happened and a court stayed the implementation of it. So how they can claim success for an order that has barely been implemented because the court stopped it, I don't know. I think that what we can say is that it has caused an enormous amount of chaos both in the United States and most importantly, abroad. Look at the effect it is having around the world. Look at what it is happening in Iraq where the Iraqi parliament has had a fierce debate in which member after member has pointed out that the Iraqi government and army have allied with the United States for a decade in fighting terrorists.

The Iraqi army is right now the principle fighting force, fighting ISIS. The terrorist group that Donald Trump says he wants to eliminate. Well, guess who's putting their lives on the line for that? Iraqi soldiers. And those soldiers and their families and translators for the American advisers are now told that they are hostile entities who will not even be allowed to visit the United States, they will not be allowed to visit the country that they are risking their lives for. It strikes me as if, you know, -- just if you look at the international implications of it, the ban is having very serious negative effects.

Internally, it's causing a degree of chaos. Within the government, it's caused the attorney general to be fired. So, I don't know what yardstick you can use to describe it as having been successful but you are right, that is what they claim.

VAUSE: What do you think will be the long-term implications of this ban, regardless of what happens in the courts, whether it's upheld or whether it's dismissed? What will be the implications for the United States and its image around the world?

ZAKARIA: Well clearly, negative. I think that the most interesting thing is been to note how people and countries have reacted around the world. Recognizing that it's not just about seven countries. It's about the idea that the United States can use national origin, effectively religion, as a blanket condition. You know, it's not saying dangerous Iraqis. It's saying all Iraqis. It's not saying we're just going to scrutinize people more carefully, it's saying we will not allow anybody from Syria to come in. And I think people recognize that violates some sense of common, you know, of human rights, of decency, of justice.

The -- you have the U.N. Commissioner of -- Higher Commissioner of Human Rights, Zeid, saying that this is, you know, this is essentially an immoral policy that violates universal codes of conduct and justice. When people are saying that about the United States, it's a sad day.

Those are the kind of things you hear people saying about authoritarian governments that have long histories of human rights abuse. To hear it said about the oldest constitutional democracy in the world, to hear it being said about a country that is rightly seen and has been seen for many, many decades as the leader of the free world, is a very sad day.

[01:26:15] VAUSE: OK, Fareed. Thanks so much. Appreciate you being with us.

ZAKARIA: My pleasure.

VAUSE: A short break. When we come back, a new Acting U.S. Attorney General is in charge of the Department of Justice. He's promising to enforce President Trump's controversial travel ban. We'll have the latest on the breaking news out of Washington.

Also, a University of Portland student worried he can't go home because of that travel ban. He'll join us live in a moment.


[01:30:00] ANNOUNCER: This is CNN breaking news.

JOHN VAUSE, CNN ANCHOR: Welcome back, everybody. You're watching CNN NEWSROOM live from Los Angeles. Just coming up to 10:30 p.m. here. I'm John Vause.

The new acting U.S. attorney general says he will enforce President Donald Trump's travel ban. Dana Boente replaces Sally Yates, who told the Justice Department Monday, "Don't defend that ban in court." The White House responded swiftly by delivering a hand-delivered letter to Yates saying she was fired.

We get more now from even Perez.


EVAN PEREZ, CNN JUSTICE CORRESPONDENT: An extraordinary series of events as President Trump fired Sally Yates, the acting attorney general, because she had ordered the Justice Department not to defend the president's executive order on immigrants and refugees. The president's order, rolled out chaotically over the weekend, banned travel to the United States of people from seven countries deemed to be security risks.

Yates is an appointee of President Obama and a the nearly 30-year career lawyer in the Justice Department. On Monday, she told Justice Department lawyers that, quote, "I am responsible for ensuring the positions we take in court remain consistent with this institution's obligation to seek justice and seek what is right." She went on to say she didn't think the executive order is lawful.

A few hours later, the White House issued a statement attacking Yates for being weak on illegal immigration. The statement said Yates, quote, "has betrayed the Department of Justice by refusing to enforce a legal order designed to protect the citizens of the United States."

The new acting attorney general is Dana Boente, the top federal prosecutor in northern Virginia. He will remain in office until the Senate confirms Senator Jeff Sessions, expected later this week.

Evan Perez, CNN, Washington.


VAUSE: Ali, is a young university student in Portland, Oregon. He asked us not to use his last name. he joins us on the line.

Ali, you have dual citizenship with Yemen and Jordan. How is this ban affecting you and your brother who is in a similar situation?

UNIDENTIFIED STUDENT (voice-over): Hi, John. Of course, it is affecting me in many ways. One way is to look at that I am here in the United States using my Yemen passport. I will not be able to go back to see my family over the summer break because if I go back, I will not be able to come back into the United States in order to finish my degree which I'm so close to finishing.

VAUSE: The administration says this is just a 90-day ban, just a pause. You sound like you are concerned like it may become permanent.

UNIDENTIFIED STUDENT: I am afraid it will go further than 90 days. Because they already are saying as well they will put more restrictions on it. For us as citizen of Yemen and an international student there are already heavy restrictions for us. It is not that easy to get into the United States. It's not like I want to get my passport and going to the United States on the next flight. No, we go through heavy restrictions and visa process and interview and fingerprint process. It's very long process and not easy for us.

VAUSE: What are your plans now? What advice have you received?

UNIDENTIFIED STUDENT: Well, I have received an advice from my school and my brother's school to not travel or leave the country. But as I said, because we don't know what the future holds, my plan is now either to transfer to Canada or transfer to other college in the United States that will accept my credits that I have earned in the University of Portland. Unfortunately, I had so much goals into finishing my school here at Stanford University. But I'm afraid that will not happen because of the new immigration law which is pretty much against us.

VAUSE: Ali, thank you for being with us and sharing your story. Appreciate it.

An immigration attorney, Nelson Castillo, of the Castillo law firm, is with us now.

We just heard from Ali. and from the Australian prime minister and he said that Australians, who have dual citizenship, will be exempt from this ban. One of the biggest problems is there a lot of confusion. It is not clear how this ban is being implemented on a case by case basis.

NELSON CASTILLO, IMMIGRATION ATTORNEY: It should be evaluated on a case by case basis. But a number of catalogs are being said you can't come to the United States. Specifically, individuals from those countries that have been outlined by president they will have a hard time unless they make a determination it is in the best national interests for them to come to the United States. For someone like Ali, who is already in the United States, he is more protected. I would not encourage him like he has been advised to depart the country. He should stay and be able to finish. Unless he does something extraordinary that will disqualify him from having a student visa, he should be able to finish. He doesn't have to travel to Canada.

[01:35:28] VAUSE: What if he has to renew the visa?

CASTILLO: When you come to the United States as a student you have status as long as he remains in the country and meets the requirements of the student visa he doesn't have to renew it.

VAUSE: But he will be separated from his family.

CASTILLO: Of course. It is difficult and it is challenging.

VAUSE: Which is more of an inconvenience.

CASTILLO: It is, of course.

VAUSE: We should note this the Department of State on the website says, "A visa does not guarantee entry into the United States. A visa allows the citizen to travel to the port of entry and the Department of Homeland Security, U.S. Customs and Border Protection immigration inspector authorizes or denies admission to the United States."

So, it is important to note here even if you have a visa there is still a process at an airport or wherever -- a land crossing where there is a determination whether or not you are allowed in the country.

CASTILLO: That applies to nonimmigrants and those who are asking to come in as a lawful permanent resident if they are approved to come into the United States, it applies to lawful permanent residents who are coming back.

VAUSE: Green card holders.

CASTILLO: Green card holders. However, if they have done anything that might have caused them to be inadmissible they may be referred to an immigration judge. To say that the Custom and Border Protection officer is paramount in this process.

VAUSE: The president defended why the ban seemed to be rushed into effect. He put out a tweet, "If the ban were announced with one week notice, the bad would rush into our country during that week a lot of bad dudes out there."

Does that actually make sense in reality? Could someone -- you know, find out the ban is going into effect, get a visa in a week and gain entry?

CASTILLO: Most likely not, especially from the countries being scrutinized.

VAUSE: The seven countries.


CASTILLO: The seven countries. In general, I believe the United States is doing its best to try to protect the homeland. And with very few exceptions people can get overnight visa unless you can prove extreme hardship it's doubtful. They still have to run background checks and that would take some time. I doubt an individual might be able to get a visa and enter the United States.

VAUSE: Something we are wondering about is what will replace the current system. It's all about looking at the system, trying to figure out a better way of vetting. Is there any indication of what the administration plans to do?

CASTILLO: No, they have instructed the Department of Homeland Security, the State Department to go out and evaluate the program and come back with a recommendation. In the meantime, we have this ban. It is unfortunate because, to me, it should have been the other way around. A process whereby the president said in a short period of time with all the talented people we have, they could have come back to the president and made recommendations as to whether there is something wrong with our current system which has allowed people to come to the United States without incident so far. Unless the president is privy to what kind of national security intelligence he is getting at this moment and there is an imminent threat, I think that perhaps he acted too hastily.

VAUSE: Nelson thank you for coming in.

CASTILLO: Thank you.

VAUSE: Appreciate it.

When we come back, some are taking the battle against the ban to court.


JAY INSLEE, (D), WASHINGTON STATE GOVERNOR: It is religious discrimination in its barest and obvious form.


VAUSE: We'll hear from the governor of Washington State about his lawsuit against the Trump administration. I


[01:42:28] VAUSE: In the past few days one of the most outspoken voices against the U.S. president's travel ban has been the governor of the state of Washington, Jay Inslee.


INSLEE: This is a grossly unconstitutional and highly illegal act. It is religious discrimination in its barest and obvious form. Not only did it target just Muslim countries, it is clearly religiously discriminatory when the president himself said we are going to say Muslims are at the bottom of the barrel and other religions are at the top.


VAUSE: And Washington State has filed a federal lawsuit against President Trump and high ranking officials in the Trump administration.

Jay Inslee joins us now from Seattle.

Thank you for being with us.

I'd like to ask for your reaction to the news that the president has now fired the acting attorney general after she instructed Justice Department lawyers not to defend the Trump administration's executive order in court. What is your reaction to that?

INSLEE: My reaction is pride that an American judicial officer refused to enforce an unconstitutional executive order by President Trump. That was an act of moral courage. You have to respect that to some degree. My reaction to her firing, I just have to give you an honest reaction. I came of age during Nixon and Watergate and one of the fellas I really respect is bob -- when Richard Nixon ordered him to fire the attorney who was investigating Nixon's problems he refused to do it and Nixon fired him. So, I just -- I mean, I just -- it's deja vu all over again in that regard. Obviously, there are some differences in the circumstances but it's disturbing that this executive order which was so poorly planned was so ill conceived, was so cruel, and so inhumane that it has sparked in our nation and in our Justice Department a revulsion against its inhumanity and unconstitutionality and I believe it is because it has a privatization of one religion over another that is not allowed in our constitution.

[01:45:00] VAUSE: If we look at the legal action now being taken by your state, part of the legal argument, you need to prove that the executive order is doing harm to Washington State. So, what is your argument there?

INSLEE: Well it's doing harm obviously to the individuals involved. I consoled an American citizen a wife of a man whose cousin is a Boeing engineer. Her husband is on a plane and flew to sea-tac and Donald Trump would not let him go the last six feet and now he is back in Vienna and stuck there. And the tears she shed that night were touching. But there is a harm to my whole state not just these individuals. On a variety of ways. It hurts our jobs and our businesses. Microsoft, Amazon, Expedia, they have all spoken out explaining why this is hard for people to do their jobs because they can't travel out of the country. We want to sell our airplanes and software around the world. Our salesmen can't leave the country because of fear of the president's actions. It hurts our security. We have our Washington National Guard tonight are in the fields battling against terrorism in Iraq. People that I'm in some sense responsible for. Washington National Guard, they are tonight fighting alongside Muslims in the Iraqi armor against terror, against ISIS. And this is not helping that effort when it drives a wedge between the American government and the Muslim world. These people are shoulder to shoulder in the foxholes together in some sense. And somehow with the statement by the American government we don't believe the Muslims of Iraq are worth where to come into our country, the study in our country that is not helpful to our alliance.

VAUSE: The Trump administration says this is a campaign promise that Donald Trump made and opinion polls show the ban has a lot of support and they say look it's just for 90 days. It's just temporary and everyone is overreacting here. INSLEE: It's simply not true. It indefinitely bars any travel from

Syria in one sense. It is a permanent prioritization of one religion over another. And it is sort of camouflaged, but if you look at the language what it means is it will prioritize other religions over the Muslim religion when it comes to deciding who will get the unique and privileged ability to have refugee status in our country. And that is clearly unconstitutional to create a priority for any religion or any other religion.

VAUSE: Governor, we appreciate you spending time with us.

INSLEE: Thank you.

VAUSE: Thank you, sir.

INSLEE: Thank you.

VAUSE: Time for a short break. When we come back, one suspect is charged in a deadly attack in a Canadian mosque. We will have the latest in the investigation.

You're watching CNN.




[01:52:08] VAUSE: Welcome back, everybody. Just gone 10:51 on the West Coast.

We're recapping the breaking news. The United States has a new acting attorney general after President Donald Trump fired the previous one in a dispute over his travel ban. Sally Yates said Monday she wasn't sure if the executive order on immigration and refugees was legal. She told the Justice Department lawyers not to defend it. Now she is out. Dana Boente takes over. He probably won't hold the job for long. Jeff Sessions is likely to be confirmed on Tuesday.

The controversial travel ban has sparked protests around the world including Canada. Hundreds marched outside the U.S. consulate in Toronto on Monday shouting "justice for immigrants." Canada will welcome those turned away by the United States.

A university student described as a lone wolf has been charged in Sunday's deadly shooting at a Canadian mosque. The prime minister, Justin Trudeau, condemned the attack and marched in support of the mosque at a vigil in Quebec City on Monday.

Deborah Feyerick has the latest.


DEBORAH FEYERICK, CNN CORRESPONDENT (voice-over): Canadian authorities charging Alexander Bissonnette in three charges of murder police calling him a lone wolf in what is considered an act of terror. Authorities say he is previously unknown to police and not on any watch lists.

UNIDENTIFIED FEMALE: Quebec received a call for a shooting. A lot of police officer were here to try to know what happened and make a perimeter of security. So now we consider the event like an act of terrorism.

FEYERICK: A second man arrested shortly after the shooting is now being called a witness and not a suspect.

8:00 p.m. Sunday a gunman dressed in black entered the mosque and opened fire on worships including families with children. The six who died were all men between the ages of 39 and 60. The wounded were taken to nearby hospitals. 39 others escaped injury.

UNIDENTIFIED FEMALE: We have three people in intensive care. They spent all night in surgery and two other people in care, and they are more stable.

FEYERICK: In this city where mass shootings are an uncommon tragedy, the mosque's former director remembered the innocent people gunned down, quote, "in a place of worship with people who were praying." The same mosque was targeted last June during Ramadan. A pig's head with the message bon apetite left at its door. Practicing Muslims don't eat pork.

Canada has welcomed refugees, taking in thousands since Prime Minister Justin Trudeau took office in 2015. Many of them are from Muslim- majority nations.

And as large crowds turned out in Ottawa to protest the U.S. travel ban on predominantly Muslim nations, Quebec's premier reached out to reassure Muslims living in Canada.

JUSTIN TRUDEAU, CANADIAN PRIME MINISTER: We are with you. This is your home. You are welcome here. We are all Quebecers.

Deborah Feyerick, CNN, Quebec City, Canada.


[01:55:29] VAUSE: Thank you for watching CNN NEWSROOM live from Los Angeles. I'm John Vause. Please stay with us. Another hour of breaking news right after this.

You're watching CNN.


[02:00:02] ANNOUNCER: This is CNN breaking news.

VAUSE: Hello, to our viewers in the United States and around the world. I'm John Vause. It's 11:00 p.m. in Los Angeles.

And we have breaking news on CNN. The United States has a new acting --