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Trump Attacks Judge Through Twitter; President Trump Defends Putin Anew; New England Patriots Win Super Bowl 51; Tech Firms Oppose The Travel Ban. Aired 4-4:30a ET

Aired February 6, 2017 - 04:00   ET



MIGUEL MARQUEZ, CNN ANCHOR: President Trump blasting the judge who suspended his travel ban accusing him of putting the country in peril. The battle over the ban enters the next legal phase at this very minute.

CHRISTINE ROMANS, CNN ANCHOR: The president defending Vladimir Putin again. When asked about the Russian leader's reputation as a killer, Trump's response, the U.S. isn't so innocent either.

MARQUEZ: And Tom Brady engineering an unprecedented comeback to win Super Bowl 51. What a game. We are live in Houston where Patriots fans are still celebrating and Falcons fans are trying to figure out what in the world happened to them.

And good morning, I'm Miguel Marquez. It is EARLY START.

ROMANS: It is early start or is still, you know, last night.

MARQUEZ: Way early start.

ROMANS: It is still last night if you are a Patriots fans.

MARQUEZ: A little early to wrapping that game.

ROMANS: I'm Christine Romans. It's Monday, February 6th. It's 4:00 a.m. in the east. You know, it was a Super Bowl for the ages. Tom Brady becoming the first quarterback ever to win five championships and he did it in epic fashion, bringing the New England Patriots back from a 25-point deficit late in the third quarter for a stunning 34-28 overtime victory over the Atlanta Falcons. We'll have much more on this historic comeback in just a minute.

MARQUEZ: But first, breaking news. Attorneys expected to file legal papers with the 9th Circuit Court of Appeals this morning. The deadline hitting right now, 4:00 a.m. eastern. They're trying to keep the suspension intact on President Trump's refugee and travel ban.

The ban was halted four days ago by U.S. District Judge James Robart prompting angry twitter attacks from the president. Democrats and even some Republicans are blasting Mr. Trump for those attacks. And now the president is coming under more fire for apparently suggesting the U.S. has been just as bad an actor as Russia and Vladimir Putin. We get more now from CNN's Suzanne Malveaux.

SUSAN MALVEAUX, CNN CORRESPONDENT: After just the first two weeks in office, President Trump is preparing now for judicial showdown over whether his travel ban by executive order can stand. To the dismay of both Democrats and some Republican lawmakers, Trump spent part of his weekend disparaging the federal judge who temporarily suspended the ban through tweets calling him a so-called judge who made a ridiculous ruling adding, "Just cannot believe a judge would put our country in such peril. If something happens, blame him and the court system. People pouring in. Bad."

This could become an issue for Republicans. They are trying to get the 60 votes necessary in the senate to confirm Trump's pick for Supreme Court justice, Judge Neil Gorsuch. Also, Republicans publicly distancing themselves from Trump's comments about Russia when he suggested in an interview with Fox News there was a moral equivalency between the U.S. and Putin.


BILL O'REILLY, FOX NEWS HOST: Do you respect Putin?


O'REILLY: Do you? Why?

TRUMP: Well, I respect a lot of people but that doesn't mean I'm going to get along with him. He's a leader of his country. I say it's better to get along with Russia than not. And if Russia helps us in the fight against ISIS, which is a major fight and Islamic terrorism all over the world --

O'REILLY: Right.

TRUMP: -- major fight, that's a good thing. Will I get along with him? I have no idea.

O'REILLY: But he's a killer. Vladimir Putin is a realer.

TRUMP: There's a possibility I won't.

O'REILLY: Putin's a killer.

TRUMP: There are a lot of killers. We got a lot of killer. Why you think? Our country is so innocent? You think our country is so innocent?

O'REILLY: I don't know of any government leaders that are killers.

TRUMP: Take a look at what we've done too. We made a lot of mistakes.


MALVEAUX: Democratic leader Nancy Pelosi is now calling for a formal investigation in the Trump and Putin's relationship. Monday, President Trump makes his first major public address to U.S. troops since his inauguration when he goes to MacDill Air Force Base in Tampa, Florida. There he's also going to be briefed by U.S. Central Command Centcom and Special Ops Command.

ROMANS: All right, Suzanne Malveaux. Thanks Suzanne.

Expect a flurry of legal activity today in that battle over the president's travel ban. As we reported, Minnesota and Washington State just filed their legal briefs 4:00 a.m. eastern time with the deadline with the 9th Circuit Court to keep the president's ban suspended so we can report to you that has just happened.

It is up to the Justice Department now to file a response by 6:00 p.m. eastern time tonight. Then the three judges assigned to the case can issue a ruling or schedule a hearing. The side that ultimately loses is expected to file an appeal with the Supreme Court.

MARQUEZ: It looks likes Obamacare may be around for a little while longer. President Trump insists he has a wonderful plan to replace the Affordable Care Act, but now he tells Fox News Obamacare is so broken it's going to take a lot longer to dismantle it than he thought.


TRUMP: Yes, but we are certainly going to be in the process. Very complicated. Obamacare is a disaster. You have to remember, Obamacare doesn't work so we are putting in a wonderful plan.

[04:05:00] It's statutorily takes a while to get. We're going to be putting it in fairly soon. I think that yes, I would like to say by the end of the year, at least the rudiments but we should have something within the year and the following year.


MARQUEZ: Now, when asked if Americans can expect a tax cut this year as promised. The president said, quote, "I think so."

ROMANS: All right. President Trump still pushing his false claim that millions of illegal votes were cast in the November election despite a lack of evidence. Mr. Trump promised to sign an executive order to begin a federal probe, a promised he has not delivered on. Now he seems determined to move ahead with a different kind of investigation.


TRUMP: It doesn't have to do with the vote, although that's the end result, it has to do with the registration. And when you look at the registration and you see dead people that have voted, when you see people that are registered in two states and have voted in two states, when you see other things, when you see illegals, people that are not citizens and they're on the registration rolls.

O'REILLY: So you think you're going to be proven correct in that statement?

TRUMP: Well, I think I already have. A lot of people have come out and said that I am correct.

O'REILLY: Yes, but the data has to show that 3 million illegals voted I think I already have. A lot of people have come out and said.

TRUMP: Forget that. Forget all of that. Just take a look at the registration and we're going do it. I'm going to setup a commission to be headed by Vice President Mike Pence and we're going to look at it very, very carefully.


MARQUEZ: Three of the president's key cabinet picks could find out their fate this week. Betsy Devos, Mr. Trump's nominee for education secretary is expected to be confirmed on Tuesday. The senate then turns its attention to attorney general nominee Jeff Sessions and treasury pick Steve Mnuchin. But Democrats are also upset by what they call misleading testimony. They're slow walking floor procedures to create delays.

ROMANS: And I'll tell you, you know, the switch boards for many of these senators have just jammed --

MARQUEZ: Jammed in the White House.

ROMANS: --from the Betsy Devos nomination. I mean she may get it but it's going to be very close.

MARQUEZ: It's huge organized effort out there by basically phone banks, anybody calling these phone banks and calling in constantly.

ROMANS: Yes, the Teachers unions, teachers, a lot of people in education just don't think she's qualified.

MARQUEZ: So that one is going to be the one to watch.

ROMANS: It will be.

All right, time for an EARLY START in your money. This morning, Asia markets closed higher. European markets right now slightly higher. U.S. Futures are barely moving. Stocks ended the week on a high note following the strong job support.

The Dow jumped back above 20,000. The economy added 227,000 jobs in January. The unemployment rate is 4.8 percent but for a good reason. More people started looking for work. We're entering the third week of the Trump presidency now. So far, the big winner under President Trump has been Wall Street.

Trump took the first steps at dismantling Dodd-Fran, the safeguard against another financial meltdown on Wall Street like 2008. Those were meant to be safeguards. Bank stocks loved it. JP Morgan and Citigroup up more than 3 percent. Goldman Sachs up more than 4 percent.

So, yes, after all that draining the swamp and Goldman Sachs is evil, right, the Wall Street has really done very well under president Trump.

MARQUEZ: It's interesting to see how that will play with his own supporters.


MARQUEZ: Now, still quite abuzz over Melissa McCarthy's portrayal of White House press secretary Sean Spicer on "Saturday Night Live." The comedienne and actress stole the show literall. If you missed it, here is the clip.


MELISSA MCCARTHY, COMEDIAN: I would like to begin today by apologizing on behalf of you to me for how you have treated me these last two weeks and that apology is not accepted.



UNIDENTIFIED MALE: What are you doing?


MCCARTHY: This is soapy water and I'm washing that filthy lying mouth.


ROMANS: So the Super Bowl party I was at last night everyone said it was the best skit they've seen in years.

MARQUEZ: I just happen to tune in for that. I thought it was the opening of the show. It was just -- it went on and on. She was brilliant.

ROMANS: I can't wait to see what --

MARQUEZ: How she did not crack up during that skit, it was unbelievable.

ROMANS: I can't wait to hear what Sean Spicer says about it later today at the press conference. All right, nine minutes past the hour.

A heart stopping finish at Super Bowl 51. Tom Brady engineering a comeback for the ages, bringing the Patriots back from a 25-point deficit to win his fifth, number five Super Bowl ring. Andy Scholes bringing you all the highlights and the post-game reaction. There he is, when "Early Start" continues.


MARQUEZ: Well, it's just a little tough to come up with enough adjective to describe what Tom Brady and the New England Patriots pulled off in Super Bowl 51. Down 25 points late in the third quarter, Brady lifted his team on his back tying the game in the final minutes of regulation, then engineering a game-winning drive in overtime.

CNN's Andy Scholes, the lucky guy, in Houston, for the historic finish. What a game.

ANDY SCHOLES, CNN SPORTS CORRESPONDENT: You're definitely right, Miguel. We haven't even left the stadium since the game ended, but not tired because, I mean, my blood is still pumping from that amazing comeback from the Patriots. You know, no team had ever come back from a deficit of more than 10 points.

Patriots were down 25 in the third quarter. What a comeback it was. We're all going to remember this catch forever -- Julian Edelman somehow scooping this ball up where the Patriots were down and keeping it off the ground that would lead to a Patriots touchdown. They still needed two points to tie this game late in the fourth quarter and Brady would come through like he came through all in the second half. Here Danny Amendola for those two-point conversion.

For the first time in Super Bowl history we had overtime. Patriots won the coin flip. Brady marches the team down the field. James White would score the game-winning touchdown. Patriots win 34 to 28, and for the fourth time, Tom Brady was named the Super Bowl MVP further adding to his legend.


[04:15:07] TOM BRADY, QUATERBACK, NEW ENGLAND PATRIOTS: Thank you to all our fans. Everyone back in Boston, New England, we love you. You've been with us all year. We're bringing this sucker home.



SCHOLES: This win was extra special for Tom Brady for a couple reasons. You know, this week, he had gotten emotional a couple of times when speaking about his family. We came to find out that his mom is dealing with a health issue for the past 18 months and Brady just broke down after he was awarded the trophy when he was meeting with his family. See him there kissing his wife, Gisele. There is his mom right there in the "Brady's Ladies" shirts.

Definitely an emotional Tom Brady after the game being with his family, and then we all know what the Patriots and Tom Brady have been through in deflategate. Commissioner Roger Goodell booed mightily by Patriots fans when he took the podium. And here you saw a moment where he walked over and congratulated Brady and the two shared a handshake.

You know, for Patriots nation this year guys, it was about the Tom Brady revenge tour. And Patriots nation, they got revenge for deflategate winning the Super Bowl yesterday. I should say, you know, I'm getting my days confused at this whole excitement.

Brady, he actually, he had a moment after the game where he wasn't very happy. Someone stole his jersey out of his locker.


SCHOLES: He looked frantically for it, he couldn't find it. The jersey is now missing right now and Brady joked afterwards that hey, he's going to end up finding it on eBay somewhere.

MARQUEZ: Jerseygate. That is it. Let's go to what's really important here, Lady Gaga. I went to bed truth be told when the Falcons were up byt 21 thinking, oh, it's all done. I did not want to stay up for Lady Gaga because I knew I'd never go to sleep after that. How was the show?

SCHOLES: I thought she was spectacular, you know. She jumped out from the roof and then she was doing like a Cirque Du Soleil show all by herself while she was singing. The visuals were incredible, all of the lights. They Incredible synchronation from every -- all the fans there watching her.

And Lady Gaga, she did everything you know, from singing all of her popular hits to playing the piano. I thought she did a fabulous job of performing at halftime and from all indications everyone on social media loved it as well.

MARQUEZ: Al right, Andy Scholes. I hope you did not have to deal with John Berman in New England body paint doing something untoward during the game.


MARQUEZ: Get some sleep, my friend.

SCHOLES: I'm sure he's a very happy camper right now.

MARQUEZ: Thank you.


ROMANS: I know I was actually worried about Berman early on. I thought --

MARQUEZ: I wasn't worried. He was just like out of control.

ROMANS: All right, let's get back to the news shall we. Seventeen minutes past the hour. Visa holders around the world rushing to the U.S., wary that the travel ban could be reinstated any day. How the world is responding to the battle of the ban, next.


MARQUEZ: Welcome back. World leaders are keeping a close eye on the legal battles facing President Trump's travel ban. A federal court judge's suspension of the executive order touching off a rush of U.S. visa holders travelling to the United States as Iran reverses an order and grants visas to the U.S. wrestling team with Iraq applauding the move.

CNN's Jomana Karadsheh live or us in Istanbul with more. Good morning to you.

JOMANA KARADSHEH, CNN CORRESPONDENT: Good morning, Miguel. There's been so much confusion and uncertainty in the region over the weekend. People really not sure about what is going on. You know, a week ago they woke up to the news saying that they were no longer allowed to travel to the United States if they were from one of these seven Muslim majority countries.

And this weekend, people woke up to the news that now they can but that is temporary. So, there was so much uncertainty and confusion over the weekend here and we didn't really see any sort of mass rush to get to the airports to get on planes to try and get to the United States. While some people tried to take advantage of this decision to get into the U.S., it seems many others are still waiting to see what happens.

They understand that this is an ongoing legal battle and they want to see what happens next. It is a risky trip for them to try and get to the United States risking their visas getting revoked or you know, the financial cost of trying to get to the U.S. But overall, talking to people, there is a sense of cautious optimism that perhaps the American justice system they say is going to overturn a decision that many felt was an unjust one and they described as collective punishment of entire nations, Miguel.

MARQUEZ: All right, Jomana Karadsheh for us in Istanbul this morning. Thank you very much.

ROMANS: All right, some of the largest companies in Silicon Valley, Apple, Facebook, and Microsoft to name a few are formalizing their concerns about the president's travel ban. They partnered with other firms and filed a legal brief to show the executive order violates immigration laws and the constitution.

CNN's Samuel Burke is live in London with the very latest. Good morning Samuel.

SAMUEL BURKE, CNN CORRESPONDENT: Good morning, Christine. When I sat down to read these court documents, I thought it was going take me forever given how many pages are here. But really, the vast majority of these are just the sheer amount of companies, their names listed in this court document, which is basically they're not providing any money, they're not providing lawyers. They're just joining filing documents.

You see some of the many names there to that Washington State lawsuit against the executive order. And it's been difficult to know if this is personal for these companies or is it business. And I still think it's about 50/50. But at the end of the day, what stands out here most is that they feel that this executive order is just bad for business.

Let me read you one portion of the court document so you can get a better sense of this. These companies saying,

[04:25:00] "The order represents a significant departure from the principles of fairness and predictability that have governed the immigration system of the U.S. for more than 50 years inflicting significant harm on American businesses, innovation and growth."

And basically what they go on to say, Christine, is that this just makes it harder to attract and to hire talent from overseas. And as someone who with spends a lot of time in Silicon Valley, let me tell you, anywhere you go on these campuses, all you see is foreign born talent. Now, they're not just filing lawsuits.

If you're watching the Super Bowl last night, you saw Airbnb have a political ad although it couldn't be overtly political, but I think anybody watching this knows and if you read the tweets of the CEO of that company this morning, that this was definitely targeted at this immigration ban.

ROMANS: I think Airbnb had even in the wake of this travel had even been offering accommodation and trying to help people find places to say who were stuck. Let me ask you about CEO's. Are they so optimistic about Donald Trump and his pro-growth policies? It's so interesting especially tech CEOs. They have a fine line to walk here. They want to see this president pivot back to pro-growth policies and tax reform and away from this immigration stuff.

BURKE: The answer to your question is absolutely, Christine. Whether it's the CEO of Apple, even though all these companies are coming out hard against this executive order, you talk to them in private and in public and they say, listen, we are still very optimistic we might be able to bring cash from here in Europe back to the U.S. where you are and we might have corporate taxes going way down. They're still very optimistic about some of the economic policies that Trump could bring.

ROMANS: All right, Samuel Burke. Nice to see you this morning bright and early for us (INAUDIBLE) latest for you in London. Thank you.

Al right, controversial new comments from president Trump personally attacking the judge who suspended his ban. The president attacking a judge. Also he's brushing off Vladimir Putin's deadly past. We got more on these controversial statements, next.