Return to Transcripts main page


Trump Fights for His Travel Ban; Best Skit for SNL; Immigrants Taking Advantage to Temporary Halt in Ban; Overtime at the Senate; Palestinians Call Israeli Parliament Bill "Legalized Theft"; No Apologies. Aired 3-4a ET

Aired February 7, 2017 - 03:00   ET


[03:00:00] MAX FOSTER, CNN ANCHOR: A lawful exercise of presidential authority. The U.S. Justice Department urges an appeals court to reinstate Donald Trump's travel ban.

ROSEMARY CHURCH, CNN ANCHOR: And under reported. The U.S. president accuses journalists of covering up terrorism.


DONALD TRUMP, PRESIDENT OF THE UNITED STATES: All over Europe it's happening. It's gotten to a point where it's not even being reported.


FOSTER: Also ahead, the White House press secretary answers his critics after a starring role on Saturday Night Live.

Hello and welcome to viewers in the U.S. and around the world. I'm Max Foster in London.

CHURCH: And I'm Rosemary Church at the CNN center in Atlanta. This is CNN NEWSROOM.

The next stop for U.S. President Donald Trump's executive order on immigration, the 9th Circuit Court of Appeals. Three judges will hear arguments Tuesday on whether the temporary stay issued on Friday should remain in place while all the other legal challenges play out.

CNN's Pamela Brown reports.

PAMELA BROWN, CNN INTERNATIONAL CORRESPONDENT: The legal showdown over President Trump's travel ban is only heating up. The states are arguing that the travel ban hurts their citizens, breaking apart families, hurting their businesses.

However, the federal government is arguing that the district judge overstepped his bounds.

Justice Department lawyers are trying to get an appeals court to reinstate Donald Trump's travel ban as the president, speaking to a military crowd in Tampa, remains confident he'll win the court battle.

(BEGIN VIDEO CLIP) TRUMP: We've been seeing what's been going on over the last few days.

We need strong programs so that people that love us and want to love our country and will end up loving our country are allowed in. Not people that want to destroy us and destroy our country.


BROWN: DOJ's attorneys argue the president, not the court, should make national security decisions, in part because courts do not have access to classified information about the threat posed by terrorist organizations operating in particular nations.




BROWN: On Friday, Washington State Sistrict Judge James Robart set off an immediate chain of events ruling the plaintiff's Washington State and Minnesota demonstrated an irreparable injury from the executive order in areas of employment, education, business, family relations and freedom to travel.

The ruling angered Trump who fired off tweet, even attacking the judge who was appointed by republican President George W. Bush. Quote, "The opinion of the so-called judge which essentially takes law enforcement away from our country is ridiculous and will be overturned."

And, quote, "Just could not believe a judge would put our country in such peril. If something happens blame him and court system." But even lawmakers and Trump's own party say the system of checks and balances is working as it should.


BEN SASSE, (R) UNITED STATES SENATOR: We don't have so-called judges. We don't have so-called senators. We don't have so-called presidents. We have people from three different branches of government who take an oath to uphold and defend the Constitution.

MITCH MCCONNELL, UNITED STATES SENATE MAJORITY LEADER: We all want to try to keep terrorists out of the United States. But we can't shut down travel.


BROWN: Tonight, 10 high-ranking former national security officials, including CIA directors and secretaries of state have told the appeals court the ban would undermine the national security of the United States and endanger U.S. troops and help ISIS.

As the fate of the travel ban hangs in the balance, people from the seven banned countries are rushing to get in under the wire, like this Somali mother and her children who landed at Dulles airport.


UNIDENTIFIED FEMALE: What were you feeling when you were getting on the plane?

UNIDENTIFIED FEMALE: So scared that we will be turned back after all the hassle to go with bookings, alone and the baggage. It's very hard.


BROWN: The 9th circuit court will hear oral arguments over the phone at 3 p.m. Pacific Time on Tuesday. This will be live streamed on the 9th circuit public web site. So, anyone who wants to listen in to the oral arguments can.

After that the ninth circuit will issue its decision on whether to reinstate the ban during the appeals process. And we expect the losing side to appeal that decision. So this very likely could go up to the Supreme Court soon.

Pamela Brown, CNN, Washington.

CHURCH: And joining me now from Los Angeles, criminal defense attorney and former prosecutor Troy Slaten. Good to talk with you again.


CHURCH: So, Troy, the government is arguing that he judge who issue this temporary halt and the travel ban was wrong and overstepped his bounds. And that the president has wide discretion to issue this executive order. So, how does the states argument stuck up against that how the U.S. appeals court likely to rule on this, do you think?

[03:05:04] SLATEN: Well, the 9th circuit Court of Appeal is not deciding whether or not President Trump's order was constitutional or right or even in the national interest. What they are deciding is whether or not the temporary restraining order that Judge Robart issued on Friday should stand while the merits of the case are litigated in that Seattle courtroom.

CHURCH: So how possible it is that the U.S. Appeals Court will look through all the comments by Donald Trump, Steve Bannon and others over the years, including tweets to determine the intent of this executive order when it comes to Muslim immigrants and refugees and rule on the basis of that, whether this travel ban suspension remains in place?

SLATEN: Well, judges are people. And they're not immune to political pressure. However, we hope that the judges are going to be able to set that aside and base their ruling, base their decision on the law. And the -- so the issue for them is whether or not the judge in Seattle overstepped his bounds.

Now eventually, the court is going to have to decide whether the president, who has nearly plenary power over immigration and foreign affairs and national security was acting in his -- within his bounds by issuing this temporary ban from the seven majority Muslim nations. CHURCH: Now interestingly, at the end of the 15-page brief laying out

the government's arguments is an option to limit the injunction. Explain to what's that means exactly, and if it signals that the government might not think they'll win this?

SLATEN: So Trump's Justice Department, the United States Department of Justice said to the appeals court that look, if you are going to keep Judge Robart's ban of enforcement of the executive order in place, it should only be for what the State of Washington and Minnesota were initially asking for.

And that was to allow the class of aliens who had previously been admitted into the country to have re-entry if they have valid visas. And to keep the ban in place as to those classes of aliens who have never been to the United States.

So, what the Justice Department is saying is those people who want to come to the United States but have never actually come here don't enjoy any constitutional protections under the first amendment or the 14th amendment.

CHURCH: All right. And how significant do you think this legal dilemma is for the Trump administration given that this will likely end up in the Supreme Court, whatever the decision is made here? And what would you expect the outcome to be and the ramifications of that?

SLATEN: Well, I wish that I had some sort of crystal ball and, or tea leaves and could tell you what's actually going to happen. But what I can tell you is whoever loses in the 9th circuit, whether that be the states of Minnesota and Washington or the Trump administration, they're going to appeal this to the United States Supreme Court.

But here is the rub. Right now the United States Supreme Court sits at only eight members. There is that vacancy who Trump hopes to be filled by Judge Gorsuch. So if the court, the high court, the United States Supreme Court rules 4 to 4, that means whatever decision that the 9th court of appeals comes down with stands.

CHURCH: Yes. You got to think that President Trump might be wishing at this point he hadn't rushed this and had waited for his Supreme Court nominee to be in place before moving forward. But we'll see. We'll be watching in the coming hours the outcome of this.

Troy Slaten, thank you so much. Always a pleasure to chat with you.

SLATEN: Thanks for having me.

CHURCH: Well, democrats are mounting a last-ditch effort against one of President Trump's cabinet nominees. It's just after 3 in the morning in Washington, D.C., and the Senate floor is usually empty at this hour. But not tonight.

Senate democrats are taking part in a 24-hour protest against Mr. Trump's pick for education secretary. The former democratic vice presidential candidate Tim Kaine is speaking now, you see him there. A confirmation vote for Betsy DeVos is expected later Tuesday.

Democrats are hoping they can sway a third republican to vote no, which would block her confirmation. Republicans insist that won't happen, though.

More now from CNN congressional correspondent Phil Mattingly.

PHIL MATTINGLY, CNN CORRESPONDENT: The reality here on Capitol Hill is this. Betsy DeVos is on track to be confirmed as the next secretary of education. But that doesn't mean Senate democrats are not doing everything in their power, procedural or otherwise to try and stop it from happening.

[03:10:04] This is a nominee that they are very opposed to as a party. This is a nominee that brought the first two republicans in the U.S. Senate to also oppose a Trump cabinet nominee.

However, as it currently stands, Betsy DeVos has 50 republican senators supporting her nomination. Mike Pence, the Vice President would be able to cast the tiebreaking vote so long as no republicans flip their vote.

That's why you've seen democrats on the floor, 24 hours straight is the plan as they've had rallies outside the Capitol building. Thousands of phone calls coming in as well over the last couple of weeks, trying to find any way possible to get one republican senator to flip their vote from a nominee who has become extremely divisive, said she is out of touch with public education, said she simply doesn't have the experience for the job.

Democrats hoping that as they extend this timeline, even if they can't block the nomination on their own, perhaps they can help increase the pressure to get one of their republican colleagues to flip themselves.

So far, though, no indication that that's happening. Several Senate republican aides say the nomination is still on track.

Phil Mattingly, CNN, Washington.

FOSTER: A recent U.S. military raid in Yemen, the raid resulted in the first U.S. Combat death since Mr. Trump took office. A senior U.S. official is telling CNN the raid was targeting this man, the leader of Al Qaeda in the Arabian Peninsula.

Amongst those killed in the raid, a U.S. chief petty Officer William Ryan Owens and the 8-year-old daughter of a dead Al Qaeda cleric.

Jim Sciutto has more.

JIM SCIUTTO, CNN'S CHIEF NATIONAL SECURITY CORRESPONDENT: The senior U.S. military official telling CNN the AQAP leader Qassim Al-Rimi was a target of this deadly raid in Yemen last Sunday. Al-Rimi, as you said not killed and he has since released this audio message which mentions that raid and the date of the raid as he taunts Donald Trump.

The senior U.S. military official telling CNN the raid still gained valuable intelligence that could help lead the U.S. to the terrorist leader at later date. A quote from that audio recording now.

He says, "The White House's new fool," referring to President Trump, "has received a painful blow at your hands." He is speaking here to his supporters, "in his first outing on your land." Again, that's al- Rimi's recording according to his followers there.

But I think the big point here is this was a risky operation. Lots of American boots on the ground you. You had the cooperation of Special Forces from the United Arab Emirates. You had U.S. aircraft involved including a V22 Osprey that was lost. It seemed like a great allocation of resources for just an intelligence gathering operation. And the idea that al-Rimi was a target helps explain that dedication of asset.

6FOSTER: Our chief U.S. security correspondent there Jim Sciutto reporting.

CHURCH: Well, police in three U.S. cities are investigating cases of anti-Semitic vandalism. The incidents in New York, Chicago, and Houston all involve Swastikas.

CNN's Brynn Gingras has the details.

BRYNN GINGRAS, CNN CORRESPONDENT: On the New York City subway amongst all the advertisements, hateful messages targeting Jewish people.


JARED NIED, SCRUBBED VANDALISM FROM SUBWAY: Who wants to see that right now?

GINGRAS: So Jared Nied did something about it.

NIED: The light bulb went on. I said all right, who has hand sanitizer. Alcohol will clean this.


GINGRAS: The scrubbing of the anti-Semitic drawings was posted by a fellow New Yorker who posted pictures on Facebook, commenting, "I've never seen so many people simultaneously reach into their bags and pockets looking for tissues and PURELL."

It went viral, getting the attention of Chelsea Clinton. A New York Governor Andrew Cuomo tweeted this picture about a separate Swastika found on a train, adding, "This is what New Yorkers do. We turn hate into love."

The disturbing vandalism reported in other major cities this weekend as well. In Chicago, police are trying to track down this person who they believe broke out synagogue windows and placed Swastika decals on the temple's front door.


UNIDENTIFIED MALE: Unfortunately, there is more of that going on these days.


GINGRAS: School officials at Rice University in Texas trying to determine who scrawled this Nazi symbol under the name Trump on a statue in the campus quad. And federal authorities have opened a probe into bomb threats made to dozens of Jewish community centers in 26 states over the past month.


DAVID POSNER, DIRECTOR OF STRATEGIC PERFORMANCE, JCC ASSOCIATION OF NORTH AMERICA: It is significant. We've not seen things, OK, like this before. Isolated incidents maybe, but nothing like this.


GINGRAS: Back on the subway, Nied says he hopes even his small act erases the hate he said he is now seeing more than ever.


NIED: If we all come together, you know, and pool what we have, we can get through this. We can fight this. We can resist.


GINGRAS: Brynn Gingras, CNN, New York.

CHURCH: Well, as he lays out his view of the global terror threat, President Trump once again takes aim at the news media. What he is telling the military. That's ahead.

[03:15:00] FOSTER: Plus, Russia wants an apology from Bill O'Reilly after the Fox News host calls Vladimir Putin a killer. O'Reilly's response, coming up.


DON RIDDELL, CNN WORLD SPORT ANCHOR: Hi. I'm Don Riddell with your CNN World Sport headlines.

The New England Patriots have been celebrating their astonishing Super Bowl success the day after coming from behind to beat the Falcons in Houston. MVP Tom Brady says he thinks teammate James White should have won the award instead of him. White isn't complaining, though.

He set a string of individual records in the game, including the most amount of catches and points. He has been celebrating at Disney World in Florida. The Patriots homecoming parade is scheduled for Tuesday morning in Boston.

Now I'm sorry to report a very sad death in the world of rugby. One of the icons from South Africa's 1995 World Cup winning team Joost van der Westhuizen has died after a long battle with motor neuron disease. Van der Westhuizen played scrum half in the Springboks 22 years ago. It was a triumph immortalized by Nelson Mandela, presenting the trophy just a year after the end of apartheid. He was 45 years old.

Barcelona are looking to maintain momentum in the Copa del Rey. They will look to continue their dominance in the second leg of the semifinal after beating Atletico Madrid 2-1. But the winner at home won't be a full gone conclusion as they'll be missing Neymar. Barce are aiming for their fourth straight to Copa Del Rey. Final goes from Suarez and Messi were enough to win them the first leg.

That is a quick look at your sports headlines. I'm Don Riddell.

CHURCH: Right now democrats are staging an all-night session on the floor of the U.S. Senate to protest President Trump's nominee for education secretary.

Still talking there Tim Kaine, former democratic vice presidential candidate. Now they say that DeVos, that's the nominee for secretary of education, is not qualified for the job. The vote for confirmation is expected later Tuesday, just two republicans have said they will vote against DeVos. But democrats say they may have a third republican who's also ready to vote no, which would block her confirmation.

Well, meantime, President Trump is making it clear he is not backing off the war on ISIS or his attacks on the news media.

Jim Acosta reports on Mr. Trump's visit to U.S. Central Command.

JIM ACOSTA, CNN SENIOR WHITE HOUSE CORRESPONDENT: Heading into his third week in the White House, the president is still taking victory laps. This time, in front of military commanders.


TRUMP: We had a wonderful election, didn't we?


And I saw those numbers, and you like me and I like you. That's the way it worked.


ACOSTA: In a visit to U.S. Central Command in Florida, President Trump offered a dark world view of the global war on terrorism.


[03:20:00] TRUMP: Radical Islamic terrorists are determined to strike our homeland as they did on 9/11.


ACOSTA: The president insisted to his military audience that the news media is intentionally downplaying the terror threat, but offer no proof to back up his claim.

(BEGIN VIDEO CLIP) TRUMP: All over Europe, it's happening. It's gotten to a point where it's not even being reported. And in many case, the very, very dishonest press doesn't want to report it. They have their reasons, and you understand that.


ACOSTA: Mr. Trump is also lashing out at recent polls that show the public is wary of his controversial travel ban, tweeting "Any negative polls are fake news just like the CNN, ABC, NBC polls in the election. Sorry. People want border security and extreme vetting."

The president is making the case that he is in charge, despite recent reports that his top aides are largely dictating sweeping new administration policies, tweeting, "I call my own shots, largely based on an accumulation of data, and everyone knows it. Some fake media in order to marginalize lies."

The president isn't holding back on other issue, maintaining widespread voter fraud cost him the popular vote. Despite overwhelming evidence he is wrong.


TRUMP: We can be babies, but you take a look at the registration. You have illegals. You have dead people.


ACOSTA: After his tough talk on Obamacare, Mr. Trump now concedes overturning the health care law won't happen overnight as he once promised.


TRUMP: 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.


ACOSTA: As for an explanation of the president's comment, the White House produced a list of 78 terrorist attacks that have occurred since 2014. The White House claims most of these attacks did not receive enough coverage.

But on the list are some of the worst acts of terrorism in the last two years, including attacks in Paris, Nice, France, San Bernardino, California, and the Orlando nightclub shooting.

Jim Acosta, CNN, the White House.

FOSTER: joining us now is Adam Quinn. He is senior lecturer in international politics at the University of Birmingham here in England. You now, I'd been reporting on more European terror attacks in the last year or two that, you know, we want to remember. So, I mean, that's just not true.

ADAM QUINN, SENIOR LECTURER, UNIVERSITY OF BIRMINGHAM: Yes, I mean, as a lot of things Donald Trump says, it's pretty vague and it's hard to know precisely what he means. If he means every terrorist plot, successful or unsuccessful, everywhere in the world doesn't get enough coverage, the question is how much.

If he means that there are major terrorist attacks successfully occurring and they're just not being reported, that's obviously not true. And if he means there is a media conspiracy to underreport terrorism in general, I think that's just ridiculous. And your viewers will know that just from watching.

FOSTER: Well, he stops saying lot of his people with a lot of his comments of course, but that's part of his thing, isn't it? Let's just hear what the speaker of the House of Commons here is in London had to say yesterday. Because that's getting all the headlines here in the U.K. right now.


JOHN BERCOW, BRITAIN'S SPEAKER OF THE HOUSE OF COMMONS: Before the imposition of the migrant ban, I would myself have been strongly opposed to an address by President Trump in Westminster hall. After the imposition of the migrant ban by President Trump, I am even more strongly opposed to an address by President Trump in Westminster hall.


FOSTER: So, the normal parliamentary sort of theater going on there, Adam. But what he was saying there was very significant, wasn't it? Because Donald Trump has been invited to the U.K. on a state visit, a very controversial one.

Normally a U.S. president would be invited to peek to both houses of parliament as part of that. You know, it's not set. But certainly a U.S. president would get that. Mr. Bercow effectively downgrading that visit if Bercow gets this way.

QUINN: Yes. I mean, you know, there are two issues. There is on one level there is the question of whether it's the speaker's place to make a political statement like that when the speaker is supposed to be a more neutral figure.

But of course, it's simply reflecting the fact in the United Kingdom opinion is very divided about Donald Trump, leaning towards thinking that he is unpopular or even unacceptable because of some of the views that he has expressed.

As of the head of the U.S. government, it's of course right that he should come here to do business with the government. But it's a real honor to be allowed to speak to the houses of parliament and symbolic in all sorts of ways.

Whether we regard him as being beyond the pale in terms of political values and therefore not someone we want to give that honor to, it would seem that the speaker has taken a stand and there was some cheers from opposition in parliament.

The government, which has tried to make a show of being open to an alliance with Donald Trump, on the other hand, they've been put in a much more difficult position and they will be a lot less happy with what the speaker said.

FOSTER: Well, it's very controversial. Where the speaker might, you know, he is not -- he is not in the job for much longer. He is probably going to stick to what he said there, isn't he? And he can block that joint address. How much might Donald Trump react to that, you think?

[03:25:00] QUINN: Well, once it crosses his radar, I'm sure he'll be irritated. But he has been criticized. He hates to be criticized. He can't take it very well. We'll all know that.

In terms of the substantive consequence, I think he might not be too unhappy to avoid speaking to the houses of parliament. You know, what the environments he thrives in, are big set piece rallies full of supporters and loose, informal environments where he can just riff. A set speech like that probably isn't something that he would be particularly good at.

So if he can play victim say it's an outraged he's been insulted and they not have to do the speech, that might be the worst scenario for the likes of them.

FOSTER: OK. Adam Quinn at the University of Birmingham, thank you very much indeed. Rosemary, we'll await Donald Trump's response, if indeed he does respond.

CHURCH: Indeed, we shall. I'm sure he will. Thank you so much, Max.

Well, the U.S. Supreme Court's oldest justice is weighing in on the country's deep political divisions. Ruth Bader Ginsburg spoke at Stanford University Monday night. And she stressed the importance of respecting colleagues who don't always agree politically.


RUTH BADER GINSBURG, ASSOCIATE JUSTICE, SUPREME COURT OF THE UNITED STATES: I wish there were a way I could wave a magic wand and put it back when people were respectful of each other and the Congress was working for the good of the country and not just along party lines.


CHURCH: Ginsburg did not comment directly on President Trump, whom she has been critical of in the past, but she did say election reforms are needed.

FOSTER: Rosemary, an Iraqi toddler faces life altering surgery without his mother and father. Just ahead, a look at how the U.S. travel ban is affecting his family.

CHURCH: Plus, Israel's parliament takes a vote. Why the Palestinians are calling it legalized theft. Back in a moment with that and more.


CHURCH: And a very welcome back to our viewers here in the United States, and of course all around the world. I'm Rosemary Church.

FOSTER: I'm Max Foster in London. Let's update you on our top stories this hour.

A U.S. appeals court will hear arguments on Tuesday on the suspension of President Donald Trump's travel ban. The executive order limiting immigration to the U.S. is currently on hold nationwide. The appeals court will not decide if the order is constitutional, only whether it should remain suspended.

CHURCH: Democrats are pulling an all-nighter on the floor of the U.S. Senate. They plan to keep talking all through the night to try to stop President Trump's pick for education secretary. Betsy DeVos is expected to face a confirmation vote later Tuesday, but Senate democrats are hoping to convince a third republican to vote no, and thus prevent her from being confirmed.

FOSTER: U.S. President Donald Trump's travel ban is facing opposition from Silicon Valley. More than 100 companies have joined together in filing a brief to support the legal fight against the order.

Here is CNN's Kyung Lah.

KYUNG LAH, CNN NATIONAL CORRESPONDENT: This is a number of companies, recognizable ones like Apple and Google and Intel to startup companies. And what they have said in the legal brief is that they feel that the executive order violates immigration laws and the Constitution.

And this brief also signals the deep level of animosity that Silicon Valley has to the executive order. Many of these companies are established by and they are run by immigrants. They rely on immigrants in many cases as their employee base.

And they've also seen their own employees pushing their CEOs, having protests on the front lawns of their corporate office, pushing CEOs to try to do something more definitive. So this legal brief is one definitive move.

But we also saw a public definitive move. During the Super Bowl, there were a number of commercials that celebrated multiculturalism. Many of those ads were in fact, paid for by tech companies who signed on to this legal brief.

And it's a clear sign of the opposition that these companies will spend money in order to make that point. Many of these companies are based here in California, a progressive state, a state that in many cases plans to lead the opposition to the Trump administration.

CHURCH: Kyung Lah reporting there.

An injured Iraqi toddler is just one of the thousands of people caught up in the aftermath of U.S. President Donald Trump's travel order.

CNN's chief medical correspondent Sanjay Gupta has his story.

SANJAY GUPTA, CNN'S CHIEF MEDICAL CORRESPONDENT: Last week I traveled to Michigan to meet this sweet 2-year-old boy, Dilbreen. A year ago, Dilbreen was living in this refugee camp in northern Iraq when a fire sparked by a heater left him permanently disfigured.

Dili and his parents were granted medical visas to come to the United States for care at Shriner's hospital for Children in Boston. In her third trimester of pregnancy, though, Dili's mom, Flosa stayed behind. When it was time for her to give birth, Dili's dad, Ajeel returned to Iraq leaving his son in the kind care of Adlay Kejjan, a kind volunteer whom he had just met.


GUPTA: Do you have any idea how many procedures they say he will need still?

ADLAY KEJJAN, EXECUTIVE DIRECTOR, YAZIDI AMERICAN WOMEN ORGANIZATION: I'm not sure. They say up to a year as he is growing they need to kind of loosen up the scar tissue.

GUPTA: So he needs to, he needs to get this care.

KEJJAN: Yes. So the eye, this one is the main concern.


GUPTA: In December, when Dili's new baby brother was old enough to travel, they applied for his visa so the family could reunite with Dili. The application was denied. Now when Ajeel and Flosa appealed that decision in January, the baby's visa was denied again. And this time their visas were revoked because they were, quote, "unable to establish clearly that their stay in the United States would be temporary."

As a parent, it's hard to imagine not being able to get to your child when they need you the most.

Sunday morning in Iraq, Dili's parents are on their way back to the U.S. consulate in Erbil. Ajeel asked closely if she think they'll get their visa this time.

[03:34:58] "I'm hopeful. God willing," she says.

Today, the United States not only has a new president but also a new executive order. A 90-day travel ban that bars Iraqi citizens from entering the United States.

"It's hard not knowing if they're going to give us a visa or not," Ajeel says. "We're not going for a vacation. We're going to do the surgery on our child and return back home."

And despite the temporary stay to this travel ban, Ajeel is turned away at the door, denied entry into the consulate, unable to plead his family's case. He is given no explanation, all part of the chaos and confusion surrounding this executive order.

"We lost our homes and our property," he says. "But the most important thing is to make sure our boy is healthy."

Sr. Shirzad Khaleel, medical coordinator for the U.K. charity Road to Peace which arranged Dili's care in the United States has a message for American authorities.


SHIRZAD KHALEEL, MEDICAL COORDINATOR, ROAD TO PEACE (through translator): We hope you guys do the right thing for the sake of humanity, he says. All of these children are victims of ISIS.


GUPTA: Asked to deliver a message directly to their son, Ajeel says, "I am hopeful we will come soon. Finish up all of your operations. And after that we will return to Iraq. We love you."

Dr. Sanjay Gupta, CNN reporting.

CHURCH: One of many difficult stories as a result of the travel ban.

Well, Fox News host Bill O'Reilly is refusing to apologize to Russia after the Kremlin called him out for referring to President Vladimir Putin as a killer. It happened during an interview with President Trump over the weekend where he once again defended Russia's leader.


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

TRUMP: I do respect him.

O'REILLY: Do you? Why?

TRUMP: Well, I respect a lot of people. But that doesn't mean I'm going get along with him. He is 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 is a killer, though. Putin is a killer.

TRUMP: We got a lot of killers. We got a lot of killers. Why you think our country is so innocent?

(END VIDEO CLIP) CHURCH: And for more on all this, let's go to CNN's Clare Sebastian.

She joins us live now from Moscow. Good to see you, Clare.

So, the Kremlin is demanding an apology now from Fox News host Bill O'Reilly, we saw there, for calling President Vladimir Putin a killer. O'Reilly responded by saying "I'm working on that apology. Check in with me around 2023." So, what's been the Kremlin's response to this?

CLARE SEBASTIAN, CNN INTERNATIONAL CORRESPONDENT: Yes, Rosemary, it's getting a lot of attention over here in Moscow. No official response to the refusal essentially from Bill O'Reilly to apologize for that. But it's playing very high in state TV news bulletins. It's among the top read story on several Russian news outlets online that we looked at.

But the interesting point about all of this that I think is really important to make is that the Kremlin is delineating between what is essentially a spat with Bill O'Reilly and Fox News and its stance towards the Trump administration.

When asked by CNN, the CNN -- the Kremlin spokesman Dmitry Peskov said that he would rather not comment on Mr. Trump's response to Bill O'Reilly. Where of course, you had Trump saying that he doesn't believe the U.S. is that innocent in this department.

So they're very much avoiding insulting Mr. Trump, avoiding any kind of offense, which of course we've seen as something that Trump has himself done all along throughout the campaign and since his election. I think both sides very much leaving the door open to an improvement in their relationship, Rosemary.

CHURCH: Yes, it is an interesting thing. We've been watching and witnessing both President Trump and President Putin carefully avoiding directly insulting each other. But how difficult might this relationship prove to be? And what are the many challenges that lie ahead for them?

SEBSTIAN: Yes, it's very interesting. We've seen a couple of things come up in the last week or so, ever since Trump and Putin had their first phone call. Of course the crisis in Ukraine is a dispute that predated the Trump administration. That was something that Russia and the Obama administration clashed over.

We don't as yet know exactly how the Trump administration is going to respond to the latest escalation in violence there, but certainly something Russia is watching very closely.

And another thing that came up in that conversation with the Kremlin spokesman yesterday is Iran. Russia disagreeing strongly with the White House classification of Iran as the number one state sponsor of terror.

Iran is a key ally of Russia and a fellow backer of the Assad regime and Syria. And I think this presents something of a conundrum for Donald Trump. He has said, he wants to work, you heard it there he wants to work with Russia to combat ISIS, particularly in Syria. [03:40:04] Russia has said the same. But it remains to be seen how he

will resolve the issue of backing Russia in Syria while Russia and Iran remain such close allies in that region, Rosemary.

CHURCH: Yes, it will certainly be interesting to see how he works that out. Clare Sebastian joining us there live from Moscow. Where it is 11.40 in the morning. Many thanks.

FOSTER: Now legal challenges expected after Israel's parliament. It's a controversial. The Palestinian reaction, just ahead.

CHURCH: Plus, a territorial dispute in the East China Sea could test President Trump's relationship with China. Next, which side the U.S. is favoring.


FOSTER: Palestinian officials are calling new Israeli legislation land theft. The Knesset passed a bill that legalizes about 3,000 housing units built on private Palestinian land in the West Bank.

The legal challenge is expected. Israel's attorney general says the measure is unconstitutional.

Ian Lee is following story, he joins us from Jerusalem. Obviously, a very controversial in the Palestinian areas. But also within Israel, as well. So, it's probably going to end up in the Supreme Court anyway, isn't it?

[03:45:03] IAN LEE, CNN INTERNATIONAL CORRESPONDENT: That's right, Max. What this law does is it legalizes in the eyes of Israel dozens of these outposts which are small settler communities that dot the West Bank. Thousands of Israelis live in them.

And so, late last night they passed this law that legalized them. And we had one reaction from the Culture and Sports Minister, Miri Regev praising it saying, "Tonight, we made a historical move. This is a first step toward complete regulation which is applying Israeli sovereignty over Judea and Samaria." Judea and Samaria being the biblical terms for the West Bank.

But as you pointed out, it is quite controversial. Just shortly after this law is passed, peace now which is an Israeli NGO said they're going to file a legal challenge. This is likely to go all the way to the Supreme Court of justice here in Israel.

And expect it according to experts to be struck down, mainly because Israel's parliament, the Knesset, doesn't have the legal authority to make laws over land that is not part of Israel. That being the West Bank, Max.

FOSTER: Israel obviously emboldened by this better relationship with the current White House, let's put it like that. Is there some way the government can push through with these settlements and work with the courts on that or does it have to go back to square one if the Supreme Court rules against the government? LEE: Yes, essentially it will have to go back the square one if the

Supreme Court rules against it. And again, like -- that is likely to happen. There are other alternatives which the parliament, the Knesset could do, which is annex, the West Bank. Although that doesn't seem very likely at this time.

You're right. There is a warm relationship between Washington and Prime Minister Netanyahu. They're going to be meeting later this month. But the Palestinians have come out strongly against this.

They say this is a breach of international law. They say that they're going to push forward with this. And there is fear within Israeli politicians that Israel could be held -- could be brought in front of the international criminal court because this law passed. So, a very controversial and likely not to be over with, Max.

FOSTER: OK. Ian Lee in Jerusalem. Thank you.

CHURCH: Well, the relationship between China and the Trump administration is being tested to a degree by a territorial dispute in the East China Sea. Three Chinese coast guard ships sailed on Monday near a chain of islands that Japan controls.

China also claims those isles which have major economic potential.

Our David McKenzie joins us with more from Beijing. So, David, what more do we know about what China is doing in the South China Sea, and of course what do we know about China's intent?

DAVID MCKENZIE, CNN INTERNATIONAL CORRESPONDENT: What we know is their intent is to say that they claim these islands in the East China Sea. They call it the Daito Islands. The Japanese call them Senkaku Islands.

Now I want to show you some images released by the Japanese which show they say three of the vessels which were just recently in those disputed territories. They say that the coast guard vessels were coming inside Japanese waters. It's not clear when these photographs were taken. But they do say they're the same vessels.

This has been going on for many years, Rosemary. And just last year in 2016, more than 30 times, in fact, the Chinese sent their coast guard vessels to these disputed islands to make a statement, to show that they feel this is their territory and to continue a long going argument with the Japanese over this chain of islands, which as you say could have important economic potential.

But given the fact that the secretary of defense of the U.S. was just in Japan and that there have been discussions with the new secretary of state between Japanese and the U.S., this takes on a different importance now because it is the first time that the Trump administration might have to deal with this ongoing dispute. Rosemary?

CHURCH: All right. And we will watch very closely to see what the next stage of this. It is nearly 5 o'clock there in Beijing. Many thanks to you, David. FOSTER: Rosemary, can't get enough of this on camera? Some say it's

the best political sketch Saturday Night Live has ever done. Coming up, the White House press secretary and how actress Melissa McCarthy went viral playing him.


PEDRAM JAVAHERI, AMS METEOROLOGIST: What a weather map across the United States, right? We've got it all happening. Severe storms, its mild temperatures, wintry mix. The cold weather with the mountain snow in place and of course, the flooding concern around parts of California.

The severe weather aspect will actually impact some 24 million people come Tuesday, and large hail and damaging winds the predominant threat from places like Indianapolis south into say, Birmingham on into near Mobile, Alabama as well.

But can't rule out an isolated tornado across this region as we're quickly approaching where the active weather pattern season would typically begin to pick up which would be late March into April and then eventually into May.

But notice the storms there that come into the afternoon hours of Tuesday could really begin to see some intense storms around eastern Mississippi on into northern Alabama.

And as you work your way towards the north, it is just two miles. You've got to get up all the way into the higher elevations of New England for anything wintry to come down. And that is where we expect say, Burlington out towards Portland, Maine to get some snow showers out of this.

The temperatures look as such, 17 in San Francisco with the rain. It is back again in southern California. L.A. gets some rain showers with thunderstorms down around Atlanta. And notice a couple of shots of cool air. But predominant trend here is just going to be mild temperatures into late this coming weekend for much of the United States.

Back out the west, here is what it looks like. How about significant rain and significant snow again across California?

FOSTER: They're crazy numbers, but more than 11 million people, Rosemary, in the U.S. tuned in to Sunday night's Super Bowl as the New England Patriots came from behind to beat the Atlanta Falcons in overtime. That makes Super Bowl 51 the fifth most watched TV broadcast in history.

CHURCH: Pretty incredible. And Lady Gaga's halftime performance was also a big hit with audiences, bringing in more than 117 million viewers. That's the second most watched halftime show ever behind Katy Perry's performance back in 2015.

FOSTER: And something people are still watching, Rosemary, Saturday Night Live. Well-known for securing President Donald Trump. Now the sketch comedy show has gone after its press secretary, brilliantly it has to be said Sean Spicer.

CHURCH: And Spicer has some advice for the actor who spoofed him.

Here is Jeanne Moos with that.

JEANNE MOOS, CNN CORRESPONDENT: Melissa McCarthy sure added spice to Press Secretary Sean Spicer. She began.


MELISSA MCCARTHY, ACTRESS: By apologizing on behalf of you to me. And that apology is not accepted!


MOOS: A sketch for the ages, tweeted one critic. "Might be the best SNL skit ever raved Glamour magazine." There is talk McCarthy could become a recurring character, though SNL wouldn't comment. The writers took Spicer's actual squabble over the phrase travel ban that President Trump himself used.


[03:55:00] SEAN SPICER, UNITED STATES WHITE HOUSE PRESS SECRETARY: He is using the words that the media is using, but at the end of the day it can't -- hold on, hold on, hold on.

MCCARTHY: The travel ban is not a ban which makes it not a ban.

UNIDENTIFIED MALE: But you just called it a ban.

MCCARTHY: Because I'm using your words. You said ban. It's circular using of the word. And that's from you.


MOOS: The actual Spicer who has been known to hold up things was portrayed using props.


MCCARTHY: Against radical moose-lambs.


MOOS: Spicer has not been known to weaponize his podium.




MOOS: When asked about the skit, Spicer told extra that Melissa McCarthy could dial it back a bit. He told Fox News.


SPICER: It was cute. It was funny.


MOOS: One personal quirk that SNL barely had to exaggerate.


MCCARTHY: I'm here to swallow gum and I'm here to take names.

SPICER: I think Melissa McCarthy needs to slow down on the gum chewing. Way too many pieces in there.

MCCARTHY: I'll get back to you.


MOOS: Actually, Spicer told the Washington Post he chews two and a half packs of Orbit cinnamon gum every day before noon. That's 35 pieces. And he doesn't just chew them. He chews and swallows them. And what spokesman wouldn't love to spout off like this?


UNIDENTIFIED MALE: What you doing?

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


MOOS: Jeanne Moos, CNN, New York.

FOSTER: Stays funny. I'm Max Foster in London.

CHURCH: And I'm Rosemary Church at the CNN center. That does it for me. Early Start is next for our viewers here in the United States.

FOSTER: And for our international viewers, I'll be back after the break with another edition of CNN NEWSROOM.

CHURCH: Have a great day.