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tv   New Day  CNN  February 9, 2017 3:00am-4:01am PST

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live at the white house. joe. >> reporter: good morning, chris. the white house and the nation still waiting for the ninth circuit court of appeals to rule on the president's travel ban. meanwhile, the presideresident's between his loyalty to the branch. >> judge gorsuch's denouncing president trump's attacks after the federal judges weighing his travel ban. >> in a private meeting with richard bloomenthal the president's nominee to the supreme court slamming mr. trump's criticism of the federal judge in seattle that halted his order.
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some republicans praising his comments. >> sounds like neil gorsuch might be a good judge. >> but democrats. >> it's a step in the right direction. >> including bloomenthal himself are still skeptical of the nomination. >> he has to come to the defense of the american judiciary. maybe he is moving in that direction but it has to be much stronger and more direct. >> this as the president continues to lash out at the judiciary. >> i don't ever want to call a court biased so i won't call it biased and we haven't had a decision yet but courts seem to be so political. >> be littling the three judge panel set to rule any day on the immigration court. >> anybody would understand. any class of aliens as immigrants. >> mr. trump also claiming he initially wanted to delay
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implementing the ban. >> i wanted to give like a month and then i said what about a week? and then they said you'll have a whole pile of people, perhaps, with very evil intentions coming in before the restrictions. >> the president is stoking fears about terrorism as he awaits the appellate court ruling. >> believe me i have learned a lot in the last two weeks and terrorism is a far greater threat than the people of our country understand. >> his startling comment a departure from the message of past presidents that urged americans to be vigilant and not afraid. the president making it clear despiteledges to the contrary that he's still looking out for the family business. blasting in orderstrom for dropping his daughter ivanka's clothing line claiming the company treated her unfairly and retweeting it from his initial
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government account. >> for someone to take out their concern with his policies on a family member of his is unacceptable and the president has every right as a father to stand up for them. >> nordstrom pushing back saying their decision was an economic one based solely on performance siting declining sales over the last year. the president meeting today with airline ceos and later with senate democrats. >> thank you very much. there's a lot to discuss. let's get with our panel. cnn political analyst david gregory and national political reporter of bloomberg politics jeffrey jacobs. great to see all of you. what does president trump do today now that gorsuch, he confirmed he had this conversation with senator bloomenthal. president trump doesn't like it when somebody publicly says he
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is disappointed somehow in the president so now what. >> throughout the entire campaign this is one line as a trump advise sor you were not allowed to cross. to say you had done something wrong. there may be an argument among other senior republicans including the white house that judge gorsuch had to do this. if he didn't speak out at some point he was going to get hammered in the hearings and at least when the hearings come he would go back to the statement. it's not clear if any of that matters. i think we have between the judges comments and the upcoming ruling just an enormous task both for the president's self-control and indifference to the judicial branch in general. >> he used a very dangerous word yesterday the president. but david gregory whenever the president says he's not going to do something and then he says
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the word but what follows is that thing and he called the courts so political but why put this on gorsuch. is it fair to have to make political statements about how he felt about the president's rhetoric? >> yes. because i disagree a little bit. i don't think it's a political statement. it is a defense of the independence of a judiciary which is a key pillar of our democracy. we can spend time in the media and the general population trying to make a distinction between crude and false things that the president says. we have to pay attention when he attacks the judiciary and attacks a pillar of our free government and that's what he doing. it's fine to disagree with supreme court decisions. citizens united. president obama was outspoken in his opposition to that and worked on changing the law and wasn't able to do that but to call them disgraceful and to
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call someone a so-called judge. you go back to his racest attack during the campaign all raises questions about whether he'll even listen to the judiciary. you heard the president saying the code in question here is so clear that anybody should be able to understand it and it's as if he was saying why do we even need the judicial branch of the government. it's appropriate for someone nominated for the supreme court to stand up for the independence of judges and show that he is an independent judge that's going to sit on the supreme court for 30 or 40 years but it's also good politics. he has a real reason to show he can be independent of the president to show democrats he has some moxy. >> there's another more ominous by product of this. federal judges are under threat all the time and u.s. marshals protect them. we don't talk about that. we don't know much about that but by impugning them, it puts
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them on a whole different level. it effects their life and i just wonder if we'll hear from judge gorsuch at any point publicly. >> we know that he's meeting with members of congress regularly so that gives him an opportunity to explain himself to them and we're hearing a little bit about what he is saying obviously since we were filled in on the private conversation and the spokesman confirmed it so yes i will imagine that we will. >> alex, they said, the president in his comments said they said if we delayed the order for a week, travel ban, you would have a flood, perhaps of bad guys trying to get in. who would they be in that situation? who would have informed the president that the existing vetting which has statistically done a good job would suddenly
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break down because of notice and in one week the entire vetting system would break down and you have a flood of bad people coming in? >> we can expect who in the white house might have said something like that to president trump but we saw this over and over in the campaign where he would go out and attribute interesting or off beat or wildly incorrect ideas to a lot of people or some people are saying or someone told me and it's not clear whether someone did tell him that or that's an argument he attributed it to an unnamed third party but there's no actual security expert that thinks if you announce this travel ban effective one week from today suddenly every terrorist in the world would fly to the united states. if they could do that so easily they would have already done it. >> what if today they decide the travel ban doesn't work and they keep the restraining order in
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place, what does the trump administration do? >> well, i think they keep pushing the issue because i think there's the merits of the case and then there's the idea of the restraining order. i think that there's a real interest to avoid more chaos than a company, the original implementation of this executive order that was just totally botched by the administration for no good reason whatsoever. i don't think they want a repeat of that and i don't think the courts want a repeat of that so then you get to the substance of the issue where the president still has an advantage which is to defer to the president on questions of national security. i'm wondering whether if there are limitations on the executive order. remember there are already safe guards in place. you can't just get in. it takes as much as two years versus these countries that are
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effected where you might be from yemen and have a british passport and that's what this is designed to address. you can't just fast track into the united states. maybe they negotiate something on that that provides delay and then create room for visa holders and others to come into the country. my sense is that whatever the ultimate determination is about the executive order that they don't want to just reverse it. they want to keep some continuity so we don't have chaotic implementation. >> hopefully they're coming up with additional procedures that they term extreme vetting. that will keep us safer. let me ask you this, the nordstrom deal that's going on right now, sean spicer says the president has every right as a father. i don't know about father's rights but certainly as an american citizen he has rights to say whatever he wants but
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does that make it right as the president of the united states using his official twitter account to go after a store because of their business arrangement with his daughter. >> i can tell you that the first daughter did not ask her dad to do that. we have an apparels reporter that's been chasing this story and has breaking news on this and she did not ask her dad to do this but nordstrom didn't pay a price for this criticism via twitter. nordstrom is not seeing the after effects. they did dip a little bit in their shares but they're back up again but if anyone is worried about ivanka either, her spokesperson says they're expanding as well so even though they lost nordstrom they're going from having their products available in 800 stores to 1,000 stores so they're growing as well. it's interesting. it raises a discussion about the conflicts again. >> panel stick around we have
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more discussion with all of you coming up on new day. we should let everyone know richard bloomenthal will be here to talk about his meeting. >> we have jeff sessions. he's going to take the oath of office in just hours capping a contentious confirmation battle but one of his top critics, elizabeth warren says she will persist. live on capitol hill with more. >> good morning to you, chris, president trump will be in the room this morning when senator sessions becomes his new attorney general and the white house can now officially put this fight behind them the fall out over this battle up here on capitol hill certainly continues for senator elizabeth warren. immediately after sessions was confirmed last night she fired off a series of tweets amounting to warning shots saying basically senator sessions i
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will be watching you. she said quote consider this my warning. we won't be silent. we will speak out and we will persist. and there's been a lot of push back from republicans up here on capitol hill really questioning her motives for elevating this fight including senator lindsey graham. >> the bottom line is it was long overdue with her. she is clearly running for the nomination in 2020. the democratic party is being pushed really hard by the most extreme voices in their community and they just don't know how to handle it. if they empower her, then i think the democratic party is going to lose it's way with the vast majority of the american people. >> there was one notable moment from yesterday's debate on the senate floor. senator tim scott, the only african american republican senator came to the defense of senator sessions on the floor. he read a series of hate mail and mean tweets he received for
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supporting senator sessions including one that called him a disgrace to the black race. now the senate moves on today to another controversial nominee, health and human services secretary tom price that potentially could get confirmed as early as storm. >> thank you for that. now there's a powerful winter storm hitting the northeast at this hour. schools are closed and thousands of flights cancelled. how much snow are we looking at? chad is live outside in central park with the latest. what are you seeing, chad? >> well, yesterday i got my 10,000 steps in because it was 61 degrees where i'm standing this morning. if you want to jog when it's 31 and snowing you'll have to do that but now the snow is sticking allison. we'll have 8 to 10 inches before
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it stops but the good news is the first two inches melted. the ground was warm last night so things are better than they could be this morning but this ig snow we had on a work day. all the other snowstorms have been saturday or sunday or whatever. not on a weekday when people are trying to get to work. there's no cabs to be had this morning. you need to take the train if you're trying to get into the city for sure. 40 million people are affected by some type of warning. whether it's a blizzard warning, winlter weather advisory, winter storm warning, whatever. we have the schools closed in major cities. check with your local station because people are cancelling ahead of the storm and they're not taking chances with people today and almost 3,000 flights are already done for the day. that means the backlog. your fight isn't getting to new york city so it's not going to get to l.a. you're in l.a. say wrg is my plane?
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it's somewhere in the northeast because it didn't get here in the first place to get to you. there's rain to the south and snow to the north. it's only a couple of inches. it will stop in new york city by 2:00 p.m.. it won't stop until probably 6:00 p.m. in boston and will be over in philadelphia but all the big cities expecting at least 6 inches and many of them expecting 12. it's going to be a tough commute. back to you. >> people's commitment to cardio is astounding. they would be jogging and just take the day off people. >> new york city, no joke. >> i like chad's cnn outfit. i didn't know about the new addition to the outfit. can we see the boots again. >> these little boots. >> there's nothing little about them. i haven't seen many men wearing those boots. >> you would not go duck hunting
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or walking with your dog without these boots right here. they're water proof up to the knees. >> he threw in the duck hunting. >> he's never been duck hunting. >> i've never been duck hunting. >> he's never been. he told me that. the rule 19 move that they pulled in the senate, did it really backfire on the gop? elizabeth warren has her biggest platform yet and she wants you to know something about our new attorney general, next.
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david gregory, how did this move play out so far? >> well, i think if you're a
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democrat you have a very active base of the democratic party that want to see fight. that wants to see a fight to deny trump his cabinet, so the move i think by republicans here, you're not going to silence elizabeth warren not in this day and age. it's not 1947 where if it doesn't happen on the senate floor it doesn't happen. she was able to take it to social media and get the message out but you see in others that elizabeth warren is a devicive figure. she is polarizing on the right and unifying on the left and happy to have this fight and i think republicans are happy to have it too. >> i'm confused. why was senator warren reprimanded but when bernie sanders did it --
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>> sharon brown did it also. >> why weren't they? >> it raises questions about why a male senator is allowed to impugn a fellow senator but why a woman wasn't. so what mitch mcconnell did if he had allowed her to continue to speak maybe we wouldn't even have been paying attention to what she had to say but this drew attention and it draws attention to republican women in the majority and committee chairs and talking to congressional reporters that it's how important they are. there was an awkward situation a couple of weeks ago when vice president pence was meeting with some leaders and the highest ranking republican woman has asked reporter what is is going on in there and she didn't know he was having a meeting with gop leaders. >> has mitch mcconnell explained
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why the men were allowed to and she wasn't. >> they put out an explanation was part of it is you can't apply rule 19 retroactively and these men suggested they done it and it wasn't called at the time and they couldn't call it afterwards. >> that's going to hold up. >> that was their explanation. >> this is an example of why people were discussing the rules. this was a power play very inside washington. let's find a way to shut elizabeth warren down. republicans love to have that fight. >> but doesn't the fact that it's a woman and then guys did it afterwards, is that the way you see it? let me put you on the hot seat but do you think it's that she was a woman or that the move backfired the first time so they didn't do it when they were baited again. >> i don't know the answer to that question but i do know the way things work in the senate is
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the rules are only applied when someone takes the initiative to apply them. there was a question after the elizabeth warren situation about why this rule wasn't applied to ted cruz a few years ago when he accused mitch mcconnell like on the floor of the senate. >> calling somebody directly a liar is much worse. nobody called him on it. if you let it go by you can't go back afterwards and say let's slap ted cruz on the wrist too but at the moment in the culture of the senate talking to folks in washington over the last few days and may have been headed up for a long time and whatever red state democrats and find a
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common ground they don't see the incentives and pressures anymore. when you have jeff sessions getting voted down or drawing opposition from every one of the democratic senate colleagues except for one that's a real change. >> hillary clinton seized on this moment and basically tweeted out what was a quote of mitch mcconnell and then added her own addendum, it says she was warned, she was given an explanation, never theless she persisted, so must we. that's hillary clinton's wheel house. this is a message that makes sense for her now to get back in. >> she persisted. that's the big catch phrase for today. yesterday might have been with trump but now it's she persisted and it's getting democrats fired up. >> in terms of where we go from here, this idea that this is the way forward. it's going to get worse and
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worse, does it have to be that way? >> it doesn't have to be that way but i think republican dos have a choice. you know, they're in a very difficult situation politically. why is it that going after elizabeth warren is such a popular thing to do and such a rallying cry. that very loaded language that she was warned and she persisted and at the same time, where were they in condemning the president's attack on the judiciary. these are republican leaders. they control the government. don't they believe in the independence of the judiciary? they have an obligation to speak up and instead they were cowering in a lot of places. >> they're clearly providing cover for the president right now. he's drawing enough heat as it is. how long can they maintain it and maintain their own integrity? you're asking the right question. >> a quick programming note, van jones is going out there to
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explore these divisions. he has comedian bill mar on and is going to talk to trump supporters. >> what could go wrong. >> 9:00 eastern right here on cnn. >> up next a major winter storm is hitting the northeast right now as we speak. who is getting hit the hardest? we have a lot of updates next. just like the marines did. at one point, i did change to a different company with car insurance, and i was not happy with the customer service. we have switched back over and we feel like we're back home now. the process through usaa is so effortless, that you feel like you're a part of the family. i love that i can pass the membership to my children, and that they can be protected. we're the williams family, and we're usaa members for life. call usaa today to talk about your insurance needs.
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very much whiter than it was just a half hour ago the snow coming down sideways at times. 40 million people in this storm at this time. and already nearly 3,000 flights cancelled and we will have more as those flights go down the domino effect where you can't get a flight out of l.a. because it is stuck here in new york city. there's more snow on the way although this is a quick hitting storm. we'll see 8 to 10 inches by the time it stops here. but by the time it stops which is only 2:00. this is an inch an hour storm.
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that's how we get 12 inches. this was plowed about a half hour ago. there's already a good half inch here on the ground so you can see here that's two inches but the first two inches actually melt and i was standing here. >> he's been standing here since. >> those guys on the bikes, thank you for being out there for us. >> we heard a lot lately about vetting. and how about some facts. a former immigration officer will take you through the actual process.
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joining us. >> we're so happy to have you because you can bring us the facts about what these refugees go through in terms of vetting. i know you described it as torturous for the refugees. can you give us a thumbnail sketch on the steps they go through. >> certainly. so especially from the 7 particular countries but for all refugees most of them have to register and after that they have biometrics done and then they go through an international organization and that dpensd on the country they're in. in turkey it's the international catholic migration commission. in nairobi it's church world service and then they continue to do more interviews and more vetting with all of the family members. they collect all the documentation that the refugee
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may have from their host country. >> hold on one second. i want to stop you there about the documentation. this is something we heard the trump team as well as other republicans tell us is inadequate. we've heard them say let's say refugees from syria, they show up from their bomd out home with sometimes just the clothes on their back. they have left behind any documentation or identification so what do you do in that situation. >> well, interestingly the trump administration would consult for making these claims. they are some of the most well documented refugees. >> why is that. >> they were from bureaucratic countries. one thing you can say about them is they heavily documented their population and often times for a refugee they might not bring anything with them except for
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their documentation. once they're in turkey they can go to the get documents issued still for this day. many of them do. we also heard some republicans on it and we learned that the interview. it's sometimes 60 seconds long. go ahead. >> that's completely untrue. especially for people. when i started as a dhs officer, a law enforcement officer doing these interviews we used to interview about four cases a day. that's still several hours long. we interview 2 to 1 case a day in the case of iraqis and syria in particular. these interviews go on for hours. and it goes on for years and
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they go through hour of interviews. >> in fact, i read that you said that you saw countless refugees breaking down crying in your interview room because of the length and severity of the vetting process. did you ever catch anyone or find someone that you thought was trying to sneak through? >> i mean, i think what we can do is of course there's people that we catch because there's documentation. there's biometrics but there's a lot of other ways to determine if someone might be a risk or threat to the united states and suspicious travel patterns. in the case of iraq the united states government occupied iraq for a long time so they have quite a bit of data on the documentation there as well so to say that we have no information at hand that we don't know what's going on in these countries is quite
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insulting i think to our national security. >> so as i understand it, you did turn some people back. so given all of your experience there in the middle east and talking to hundreds of refugees, what did you think when the travel ban was announced? the trump administration says it's just a pause. it's 90 days to 120 days. what did you think of that pause to check the vetting process? >> first of all these are some of the most vulnerable people on the planet. we sent home about .1% of the refugees. this is a symbolic gesture and something that both parties for decades are extremely proud of. some of them are an incredible danger here in turkey where i am
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as well because of their actions against groups like isis. so to turn people away that have worked with the u.s. military and help our government is really quite a mistake. >> thank you. >> thanks so much. >> the president tweeted an attack on nordstroms for allegedly dropping his father's clothing line as some kind of political claim. this is an apparent conflict of interest. is it illegal? we're going to discuss just ahead. a high intensity tens device that uses technology once only in doctors' offices. for deep penetrating relief at the source. aleve direct therapy.
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players from the 9 0s. he has been charged with three counts of assault and they say he was ejected for acting in an inappropriate and abusive manager. he denies he was yelling at james dolan. down there to the left bottom of the screen with his back to us. he tells the new york daily news that dolan didn't want him there when security asked him to leave he said i'm not leaving. he was forcibly removed by security guards from the courtside seat and nypd says he punched one and hit two other employees on his way out. tmz sports says the jersey may be in an 18 wheeler headed back to boston now.
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cnn has reached out. allison it's half a million dollar jersey they say the value is so i'm encouraging my bosses to send me theirs so we can get a live report when that thing is taken from that truck. >> great point. if it happens to fall off the truck you could be there to catch it as well. >> thank you very much. president trump criticizing nordstroms for dropping his daughter's clothing line. what happens when the president interferes in business? that's next.
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yeah, i'm -- i couldn't help but notice you checking out my name your price tool. yeah, this bad boy gives you coverage options based on your budget. -oh -- -oh, not so fast, tadpole. it's a name your price tool. claire, here's your name your price tool. -oh, thanks, flo. -mm-hmm. jamie, don't forget to clean the fridge when you're done. she seems nice. she seems nice. [ door closes ] she's actually pretty nice. oh. yeah. president trump renewing concerns about conflicts of interest because he attacked nordstrom in a tweet also from his official presidential
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twitter. why because he said my daughter ivanka has been treated so unfairly by nod strordstrom. she is a great person always pushing me to do the right thing. a reporter for the new york times reporting on this and many other essential sorries. we begin at the beginning with, that can mean legal, that can mean ethical. the ethics cancel disagrees. this qualifies under california's unfair competition law as an unfair business and he's a far better counselor than i would be but that's a little bit of a stretch.
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can he say these things? >> donald trump can say anything he wants to and he does. the issue is should he? and the clearance of that is no. one of the big issue with the entire trump family thus far is the co-mingling of business interest and public service. political goals and business goals and this complete lack of a fine line that they recognize that should define the two. you had melania's lawsuit against the daily mail where she stated it as a multimillion dollar business opportunity. we have ivanka trump hosting a ceo at her home and now this week you have the president of the united states doing a drive-by on a major american corporation solely to benefit his daughter's business interests. no firewall. >> no firewall and there should
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be one. >> there's going to be a wall, there is no firewall. >> they haven't separated themselves in anyway publicly from their company. >> i'm very interested in nordstrom's motivation here because you think okay that will heighten sales. what nordstrom said was over the past year and particularly the last half of 2016 sales of the brand have steadily declined to the point where it did not make good business sense for us to continue with the line. ivanka was personally informed of our decision in early january. you know there was a grass roots movement, #grab your wallet and it was started by a woman that put all the names of retailers and brands and suggested that people boycott it. did that play into their decision? >> there's no way to make sure how much it effected sales.
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that's what they said and that makes sense because department stores are not doing well enough and you're doing very well. while we don't know how much of that had to do with the fact that there is this boycott a boycott of the products certainly didn't help sales considering how widespread it is and the fact that other companies are trying to get off that grab your wallet list. >> we don't know if after the grab your wallet grass roots movement how much they'll decline by. >> we don't. ivanka is privately held. we don't know how much it's grown or how much it's hurt over the past year. it's also another retailer pulled back from offering her products online. neither of these retailers would make such a decision unless they felt that being associated with her was more of a headache.
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>> conflict is all about efforts. it's always about the legislative branch. every time one of these -- >> why was the executive branch. >> it was very good legal reasons no one wanted to handcuff the chief executive and the reality is we now have a president that has substantial business interests and has brought that into the white house as have his children. and they haven't sat down any meaningful markers around that. they have separated themselves from business interests. and and unless they get right on this issue. >> i thought the republicans didn't choose winners. >> i don't think it's about choosing winners.
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>> he's gone after nordstrom in his tweet and said that they're treating my daughter so unfairly. that is calling them out. >> that's why it may apply under the california state statute of an unfair business practice because he is trying to compromise them. >> he's done this and it's not going to stop. he doesn't like institution. >> their stock took a boost yesterday. it does probably hurt optically his daughter. we had her saying she didn't ask him to do this. i'm sure that's true. >> thank you very much. thanks to all of our international viewers for watching. cnn newsroom is next. for our u.s. viewers, new day continues right now. >> i understand things almost better than anybody. >> it's a wrong tack to start attacking judges. >> it will be so great for our
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justice system. >> he is there to serve the american people. not to use his office for private gain. >> this is a direct attack on his policies and her name. >> those that think you could silence senator warren more wrong. >> this is about freedom of speech. it's about decor rum. 40 million people are effected by some type of warning. >> this is new day. >> welcome to your new day. didn't look like that just an hour or so ago. and slamming the northeast. 40 million people, 13 states. you're seeing it is starting to pile up and we'll keep giving you the relevant data throughout the morning. we're look at asuc

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