>> thank you. can we go that way. >> happy super bowl? >> i'll be riding this pony. >> this is what you get when you lose the uber ap. >> let's g giddyup. >> well, it worked well in rehearsal. maria: good morning breaking news, developing, a showdown is unfolding, will likely come to a head tomorrow between president trump and u.s. appeals court, which is denying justice department request to reinstate the president's controversial travel ban. i am maria bartiromo. welcome to "sunday morning futures." breaking news, president trump's immigration order on hold, court in san francisco giving both sides until tomorrow to respond. what happens now? former attorney general michael mccasey is here. >> and neil gorsuch, we'll look at what is in store as he prepares for confirmation

hearing. >> and republicans moving forward on tax reform, will it include a border tax? we talk to the man help rewrite the nation's tax code, congressman kevin brady is here as we look ahead on "sunday morning futures" right now. >> breaking early in morning, a federal appealing court in spans denied -- san francisco beneed trump ask to reinsay the the travel ban, that after a federal judge blocked hear trump's executive order. court ruling this morning, means that refugees and travelers from 7 nations iran inland regional cente iraq, libya, and sedan and yemen will be able to come into the country at lift until tomorrow. but first, latest from rich

edson, in our washington bureau with new developments. >> good morning, and federal court system will continue considering this case. in its ruling this morning 9th circuit court requesting both sides file responses tomorrow. in the meantime, state department said those with valid visas from those countries may travel to united states, trump claims that is opens u.s. border to very bad people. and on fox news sunday, vice president mike pence criticized ruling. >> we don't appoint judges to make foreign policy or make decisions about national security, under stattary law that ge belongs in president of the, nigh united states. >> we listened for months, while republicans said that president obama was exceeding his authority on executive orders.

i think there is great concern, there has been a blizzard of executive orders, some vague. some specific. some most prob abily unlawful. >> this morning's ruling refused to overturn yesterday's court order, halts the ban, u.s. district judge. of seattle. wrote in the ruling, that those challenging the ban would likely succeed in keeping the order in place while the courts consider the issue would called irreparable harm. this case continues there. maria: all right. thank you rich. >> we'll follow, that court denial depends and deepens a potential battle between the dodge administration and the court that could rollover into confirmation. of president trump's

nominee gorsuch. good to have you on the program. >> good morning. maria: your reaction to the court rejection as well as next step, and impact to neil gorsuch, and touch on confirmation process next week. but first your reaction to the rejection by the court. >> i think that administration has every right to do what they think they need to do to secure the homeland, we'll work that out in the courts, in the meantime we could work on some things in the executive order. but also those who have worked with us on the battlefield, have a place of safe haven. maria: if federal district court is blocking the president's order nationally, then federal appeals court is rejecting the appeal from the federal government, does this undermine president trump's leadership, and his efforts

to secure the homeland? >> absolutely do think they do. , you have to understand that the presidenta better informed on the threats to our homeland than anyone else on the face of the planet. i think his priorities are right-minded. he trying to secure the homeland, he needs the ability to look at people coming into the country, and being 7 the certain they are safe if they are among us in united states. maria: do you think that would undermine judge gorsuch and his, fors during his coni confirmation hearing. >> no, i think that judge gorsuch is a incredibly qualified candidate, he is the complete package. maria: tell us your thoughts in terms of next step, looks like there is a showdown underway that become to a head tomorrow morning,

sinces court is telling both side to opinioned respond by tomorrow. >> they need to consult with the judge that panel that considering the executive order, and really look at the facts. the fact are dangerous people have entered into this country under various program. we have director comey come before. >> you bishiar judiciary committee say there were cases where people came to the nation, who were later found to be guilty of hostile actions in u.s., i think that president is right minded in the way he is going about protecting this nation, and i support it. maria: then there is iran. the president is battling a lot of issues this morning, first the federal court against this travel restriction ban, then iran. saturday, in a complete

defines of the new santions imposed. iran held a military exercise to test the missile and radar systems, wha

maria: all right, take us behind curtain for the hearings. incred ib we havincredible we have yet to see a confirmation of jeff

sessions yet. delayed until tuesday on mccann, and mnuchin. and delayed for sessions. a lot of delays here, when are you businessing president's team to be confirmed and what is the hol hold up. >> senator schumer, minority leader, using b obstructist tactis that are not going to work. you will see session that go into midnight, or 1:00 a.m. if they want to use those tactics to burn out chi chamber time we're standing behind mcconnell, i am confident that every one of them will be confirmed. this is at expense of other good things we could be doing, we need to put them on notice, those who are obstructing us. they need to know we have to produce results. maria: you think that jeff sessions will be confirmed this week?

>> i do believe that. i think that we're working on other nominations, but i have every confident that he will be confirmed, whether next week or the week after depends on th the tactics of senator schumer and some on the left. maria: incredible they are not listening to the people still, after this election, senator thank you for the info we appreciate it. >> thank you maria. >> go falcons. maria: republican lawmakers could going back to drawing boardrawing board over the border tax proposal. let us know what you would like to hear from representative kevin brady, he is on deck next, "sunday morning futures" back in a minute. ♪

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maria: welcome back, now tax reform house republicans could have second thoughts about their plan to slap a so-called border adjustment tax on imports from mexico. many g.o.p. lawmakers initially backed idea as a way for mexico to support a wall built along the border. it was the part of a plan to overall the tax code. it now faces push back by some american industries, saying it will force them to raise taxes. good to see you, sir. thank you for joining us. >> thank you. maria: what has changed congressman in terms of tax reform a major priority? i feel like going into the election many people expected we would see the tax plan that the president, g.o.p. have been promises and working onow obamacare, borders, really taking much

of the oxygen in the room, where does tax reform stand. >> i think it is still a high rhode islandority for the president -- high priority for the president. maria: we'll get back to kevin brady in a moment. we talked with director of white house, about the reforms last week, listen to what gary coen said he is working on. >> first thing we're going to attack is regulation over regulation. it is not just in financial market, it is in all markets, you will see the beginning of some of our execkive act to roll back regulation in financial service market. maria: where are the most onerous regulations, since dodd-frank was signed into law, we talked about the

fact they could not even explain when the regulations were. ? >> there is many onerous parts, the biggest thing we have to fix, we have to get the unite the states banking system working again. we need to make capital available for small and medium size businesses and entrepreneurs. maria: as i it, it relates to tax reform, do you think we'll understand what the package looks like? >> i don't know if it will be 200 days or 100 or 300. but i know we're working to a very common objective. and everyone agrees on that objective. it is lower corporate taxes,. as a starting point, then

dealing with personal income tax, especially for lower earner. maria: we'll take a short break then come back with more from kevin brady, talking about tax reform, at-this-point we hear we'll understand that the tax code package looks like in first 200 days, but we'll not see it implemented until later on in the year. >> ahead, legal perspective on the travel ban. we're looking ahead right now on "sunday morning futures" we'll be right back. bloo back

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maria: welcome back congressman kevin brady of texas. with me, sorry about that, we lost the satellite for

some reason. we're back. i want your take on this border adjustment tax. is that keeping things debate able? >> yes. so look. you started segment with question, are republicans backing off. the answer is absolutely not. for years american communities have been devastated as they watch the local plants close and the jobs gets shipped off, there is a reason, our current tax code favors foreign products over american products. and drives the companies offshore. so we're determined to end that. we're going to have a tax code at the end of the day that no longer favors foreign products over american products. we'll end the tax on made in america exports, to compete and win anywhere in the world. and we're going to not just

eliminate, but we'll obliterated tax incentives to move american jobs overseas. maria: what other taxes are important to you? to go away? >> thank you for asking, those issues have gotten lost. we're proposing lowest rates in modern history on job create ors, so they can invest more locally and in their future. and propose to unleash business investment, unlimited immediate expenses of that business investment, building equipment and software. and redesign of international code to compete and win in the world. we know we're going bolds, we know to catch our competitors we have to go bold. we know these are big changes, we're going to leapfrog mark back t to the best place in planet for that new job. maria: i think that the

ideas and what you have been talking about for months, has resonated with american people, they want to see tax reform happen. and lower taxes those items. the question is, will it happen this year? with obamacare, and repeal and replace front and center, and soa -- the boarders. >> 2017, we're on track to meet that goal, your point about american public getting excited. it is not just about local main street businesses able to compete and win anywhere in the world. when family learn, that we're proposing a tax code so fair and simple, 90 out o9 out of 10 will be able to file. we have this opportunity once in a generation, in 30 years, this is the time to time to go bold and get it

done. maria: will we know what this package looks like within the first 200 days? will it be -- are you hoping it is rote retro active to january 1st, 2017. >> we continue to invite individuals, we're honing it making it better. you have seen the key elements for timing. this is still a high priority for the president. we know that. it is for republicans as well. i am optimistic about 2017. if we just stay on the good steady clip we're on right now. maria: congres congressmanning it for joining us. >> thank you. maria: brand-new this morning appeals court denying president trump and his justice department their request to reinstate his immigration travel ban. after a federal judge halted

it, so far no reaction from the president this morning, court is asking for responses by tomorrow from challengers of the ban and the jus justice department. michael mccase is with me right now. always a pressure to have you on. >> thank you. maria: your reaction to this. this is a serious push back to donald trump and his administration? >> it is a serious push back. but on other hand, something that remains to be settled when the dust settles, the dust is still very much in the air. what happened that judge ordered that ban be -- he read as a ban, be stopped. so that people can enter as they would before, administration appeal for an emergency stay, that emergency stay was denied.

but the court will consider any a stay should be imposed nonetheless. they set a brisk briefing schedule for that. maria: i wonder if just the idea that a fed could stop an executive order, does that undermine president trump's ability? >> i don't think it underminunders -- mines his ability. but, there are situations where they can't. here the president was acting in his national security correspondent. that is usually something that is generally something not for close review. >> we know that the confirmation process on many of the president's nominees has been delayed. do you think that most

recent push back, by the federal appeals court will impact the confirmation process of judge gorsuch? >> no. maria: why not? >> it has nothing to do with it. nomination process for judge gorsuch will go ahead. as it would have before. the question is, whether democrats, some democratic members are going on, as they have indicated -- require 60 votes, a veto-proof majority. that also remains to be seen. people have suggested it would be wiser of them not to do that. if judge ge gorsuch is confirmed that does not change the make up of the court idea logicaly. so far as one can figure it out. maria: then, the whole

confirmation process, i don't have a lots of optimism based on what we're seeing. i was reading a list, senate committee on small business, vote on mcmahon delayed, and mnuchin delays, and sessions delayed as well. what do you expect to confirmation process to pick up speed? >> i think a lot of this is waiting on vote of linda devos as education secretary. there are two republican senators who said they are not going to vote for her. which means if all rest hold that would be a tie, broken by the vice president. however for it to be a tie, they need sincer to sessions vote -- senator sessions vote, voting as senator, if he is confirmed and sworn in before that, he would not be a senator any more, they may delay his vote until hers

takes make. maria: this is all about betsy devos, they are holding back attorney general rally of u.s. to have their way with betsy devos? >> i think that folks who are decided to hold back on the vote for attorney general are not the democrats but rather republicans who want sessions to vote as a senator, that is their tactic it is legitimate. maria: okay, but there has been stall tactics? >> democrat require every i be dotted and t crossed. maria: do you think we'll see a confirmation of jeff sessions within the week? >> i do. and that is something that is difficult to do when you don't have a attorney general in place. maria: fascinating start to

president trump's presidency. judg mukasey good to see you. >> good to see you. maria: former secretary of maria: former secretary of state leann leon panetta is next. astt we look at "sunday morning futures." that's $200 off! helzberg diamonds. here's to love.

maria: this week secretary of state rex tillerson will

kickoff his first full week on the job. from issues new sanctions to iran friday to fallout over extreme vetting travel restricts, we review and look ahead with former cia director, former defense secretary leon panetta thank you for joining us. >> nice to be with you. maria: iran and the new sanctions and the restricts on travel. we did talk about a lot about secures borders on the campaign trail. he suggested that he would put some kind of a travel restriction in line from the countries that are seeing the worst terrorism. the 7 countries that he named in terms of restricting travel. >> the question is whether you will do this right, or you are doing to do it wrong.

you know if you are president, and you want to deal with providing better security for the nation, then, the key there is what he talked about in the campaign. is is not banning muslims from coming in. it is improving the vetting process. we have a 20 step process right now. goes on for two years. what is necessary is to improve the resources and the manpower to make sure that we're imminenting tough vetting, when it comes to those coming in. this should be the goal, this travel order, frankly, i think implemented a ban, other steps, that very frankly have created a lot of trouble for him in terms of implementing it. maria: what -- you know we know this is not a muslim ban, president has said this is not a muslim ban, there are fourth 40 other henry00

country of muslim faith that are not on the listing. but this is president obama's list. >> i disagree with you. the fact is he is banning muslims from certain countries it a ban. there is no other way to define it but a ban on muslims who are coming in from the country. maria: he said it is not a muslim ban. >> well. that is just words. the reality is no muslim come in from those 7 countries period. that is based on nothing else but the fact they are muslim. >> do you see, skeptics on that would say, that is the kind of rhetoric that is actually stoking fear and stoking upset across the world, in particular, in america. we know what just happened at uc berkeley, some people

feel it is because of the rhetoric on the left calling this a muslim ban, saying that donald trump is shooting from the hip. instead of looking at the realities of the world today, saying how do you fix this? extreme vetting is one way. president trump said is required. >> fo i think that problem here is that the president needed to take the time to really look at that executive order, to vet it properly, they rushed it out very quickly. it had problems even they recognized the problem in implementing this, it created more trouble than dealing with the problem he was facing. you can do this right. we can protect this country, we have protected this country, we have not had another 9/11 attack because we have had developed good counterterrorism operations, we have developed strong vetting approaches. we have to do is to increase

the vetting process to strengthen it, provide money and manpower to get it done right, that is the way you deal with protennin protecting this country. you don't deal with it by implementing some kind of across the board ban that raised a lot of legal issues he now dealing with. you cannot gop everyon govern through executive orders. the key to doing it right, is to basically vet it carefully, vet it through your agencies, and make decisions that don't include direct challenges to what -- to the values of this country, and what this country stands for. maria: what is your thought on the iran sanctions that were levied friday? iran continues to break the u.n. security council with the ballistic missile tests. that was reason that general flynn said we're now

officially putting iran on notice, and one day later, president up suited new sanctions? >> i think that is important to warn iran when they do things like the missile tests. that is the right thing to do. i think too that backing it up with sanctions probably makes sense. but only point i would make here is that i would hope that the united states is not just doing this alone. but doing it in conjunction with our thor allies -- other allies. a agreed on sanctions that were harmful to their economy. that the way we were able to be able to go to a tab expe table and deal with them. maria: should we have gone to the table with iran.

on the campaign trail, president trump said a lot. if he consults with other parties involved in the world, should u.s. pull out of the iran deal. >> whatever criticism we have with the iran deal, the fact is we have a deal, we've given our word, we should implement that agreement. does not mean we should not act against iran when they take tho other steps to destabilize that region. we stand with our word, work with our allies to enforce this agreement. and iranians are abiding by that agreement as well. maria: even as we did the deal, inking the bottom line, the head of iran was saying death to america. >> yeah, look iran is not our friend. iran is an adversary. so is russia. we have to be tough with both of them. not just with one of them. but with both of them.

maria: ambassador john bolton said that sanctions on russia has not really done going, russia is doing what it happens. should donald trump roll back the sanctions against russia? >> not at all. i think that would be a terrible mistake. only way you deal with putin is from strength not weakness. if he thinks you are weak, he will take advantage of it, that is what he is doing in ukraine. it demands we take tough act, i was pleased our u.n. ambassador played that clear, we have got to be tough with russia. we have to make clear we are not going to allow them to take after another country, that is a lesson we should have learn a long time ago. we should be arming the ukrainians and taking steps with nato to make sure that russians they cannot cross that line in the ukraine. that is how you deal with russia.

maria: really secretary panetta if you very much. >> all right. maria: we'll see you soon. >> let's look at what is coming up media buzz, howie on deck good morning to you. >> we have a interview with kellyanne conway, she talks about administration leaks, supreme court nomination, rocky immigration roll out, media's role in some of the protests, dealing with the press over a mistake she made in a interview, and negative way she would say that trump administration is being covered in early days on media buzz. maria: all right. >> it could be moment of truth on capitol hill. with four cabinet nominees possibly facing confirmation votes, we look ahead on "sunday morning futures" with an all-star panel, back in a moment. my insurance rates are probably gonna double.

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maria: welcome back. senate is to vote on 4 prov perspective cabinet members this week. bringing in our panel. jack brewer, a former nfl player, ceo of the brewer group. thank you for joining us. i was reading a list, delays on incredible in terms of the confirmation nominees. ed. will we see donald trump's cabinet together? >> it will slowdown, even tillerson, who had 43 votes against him, the democrats refuse to participate in the hear in final vote is absurd. judge explained the sessions to you, we have to get devos

before we can put him up, i think in two weeks you will have them all, it has slowed down the process, one of process that white house is having they are move quickly on a lot of different things, a new and inexperienced staff. but just doing thing quickly, sometimes you make mistakes, they have stumbled a little bit this week. maria: on one hand you try to do a lot, but chuck schumer is being an o obstrucobstructionist. >> yes, he made it clear he wants to make sure what every nominee says about this travel ban. democrats are -- just sessions can vote on something like devos. we know that this is going

to happen. but they want to spend more time there, and talking about it much issues with how donald trump is going through process but maybe his key understands of how government works. we have a tweet calling a so-called judge, it brought me back, i am sure everyone else, when he went after the judge, said he could not be fair because of his mexican heritage. this is not how we do business in america, i can understand why democrats want to take more time, ask more questions, scamp or no swamp, we don't need to rush. maria: the remark on twitter has been talked about this morning. jack brewer, my point is, american people voted in donald trump, they want work to get done, they want those campaign promises to be executed. this obstructionism by democrats stopping that work to get done, they are not listening to the people. >> you are right, you about back to obama

administration, there are a number of appointties that republicans did not like. you did not see this type of obstruction, i wish we could get to find enough balance to step back, some of the issues will continue to face in our society, but, you know, when donald trump comes out and says something like that about a judge, that causes the left to ignite more, he is not helps that situation. he should take a step back before you make those comments and just rash out, stay off of twitter or 15 minutes, think about it. then express yourself. a lot going on right now. in the world, but you know whole immigration situation, i think has really ignited a flame in the u.s. that we didn't' to have. maria: you are right. >> sad part, he had a superb supreme court judge. we should talk about him this morning, and we're

talking about the rest of the stuff. >> we'll talk about this more after the break, president trump unleashing a twitter tirade on the judge who blocked the immigration order, our panel ahead on that. we're look ahead right now on "sunday morning futures," we'll be right back. see me. don't stare at me. see me. see me. see me to know that psoriasis is just something that i have. i'm not contagious. see me to know that... ...i won't stop until i find what works. discover cosentyx, a different kind of medicine for moderate to severe plaque psoriasis. proven to help the majority of people find clear or almost clear skin. 8 out of 10 people saw 75% skin clearance at 3 months. while the majority saw 90% clearance. do not use if you are allergic to cosentyx. before starting, you should be tested for tuberculosis. an increased risk of infections and lowered ability to fight them may occur... ...tell your doctor if you have an infection or symptoms... ...such as fever, sweats,

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maria: welcome back, president trump slamming judge james robart. saying this is ridiculous and will be overturned. this is the issue a lot of people are talking about today, donald trump takes to twitter, calls him a so-called judge. >> he is a very -- judge.

you could take issues with 9 court of appeals, still two-thirds democrat, but the judge made what he believes is a sound decision. it probably does not get overturned because of the 4-4 court. you have to wait for judge gorsuch for months. maria: all connected here, it all goes back to immigration situation, jeff brewer, there is a big population on the left who feel this you know, travel restrict executive order, was wrong headed. >> i think it was rash. he did it too soon. but the way that left is communicating this to the world is my issue, continuing to call it a muslim ban. you have 50 other countries that are muslim-base, that

are not included in this ban. this is our rhetoric. the way we put the messaging out to the world, it happens. maria: i talked to secretary panetta about that. people said if we keep hearing that narrative from the left, that will stoke things like we saw at berkeley. >> absolutely, i think both sides of too explosive. it happened throughout the campaign, we were stressed out. and america was too. they just wanted it over with two unlikeable candidates, the issue that donald trump campaigned to a muslim ban. we heard from rudy guliani, donald trump same to him, and said, how do i make it legal. the language came from the right, the left is using it, why the it was 7 countries, these are baby steps, this is a slippery slope, i think that is the concern on the left. there are other countries that are big producers of

terrorist. tuesday tunisia. and saudi arabia. i know a are an ally of ours. i know the concern about the het ric rhetoric. and meat of this, as mike pence said this morning that judge has every right to block it, slow it down. >> key thing, points that you made are valid. we have to be clear, this is not a ban, this is a delaying process to tighten up the border, that is a legitimate,. maria: they don't' to hea hear -- they don't want to hear that. >> president trump is correct in doing that. we're not da bans muslims, we delaying people until we get a better vetting system. maria: what about refugee

system. >> that is a different program. >> who will win the big game? >> you know what, i'm going out on a limb, pick atlanta, hopefully matt ryan can bring that, that town, that franchise. the friends, the independence. and since we planned for it, that student debt is the one experience, i'm glad she'll miss when you have the right financial advisor, life can be brilliant. ameriprise

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howie: president trump its pounded over foreign policy and immigration. we talk to kellyanne conway on where the white house has made mistakes. >> it's not just biased coverage. it's incomplete coverage it's all the stories not told. howie: two extraordinary leaks about the phone calls the president made to the prime minister of australia and president of mexico.