16/03/2017 100 Days

President Donald Trump's second travel ban goes the way

The order stopping arrivals from six mainly Muslim

countries has been halted by federal judges on the grounds

The President attacks judicial overreach and promises that

We're going to fight this terrible ruling.

We're going to take our case as far as it needs to go -

including all the way up to the Supreme Court.

The White House puts forward what it's calling a "hard power

budget" with more money for the military and big cuts

for diplomacy, the environment, housing and the arts.

The UK Government says there will be no Scottish independence

Theresa May says now is not the time for the vote,

but the First Minister of Scotland calls it "undemocratic"

History may see it as the day that the fate of the union was sealed.

In the Netherlands the Prime Minister Mark Rutte loses seats,

but will likely return to power - after seeing off the challenge

And the terrifying moment a BBC camera crew escapes a volcanic

Hello, I'm Katty Kay in Washington, Christian Fraser is in London.

For the second time in two months, federal judges have blocked

President Trump's attempt to impose a travel ban on six mainly

Earlier this month, the White House issued a new travel order

which removed some of the more contentious elements

But two judges, one from Hawaii another from Maryland,

took the unusual step of referring back to the President's comments

during the election campaign - evidence they said that his order

was still designed to discriminate against Muslims.

Donald J Trump is calling for a total and complete shut down on

Muslims entering the United States, until our country's representatives

can figure out what the hell is going on!

Trump backed away from his call for a total Muslim ban.

But the judge in Hawaii appears to conclude that Mr.

Trump's true motivations lie in those earlier remarks.

At a rally in Nashville the President said

This ruling makes us look weak - which by the way we no longer are,

We are going to fight this terrible ruling, we are going

to take our case as far as it needs to go,

including all the way up to

We are going to win, we're going to keep our

citizens safe and regardless, we're going to keep our citizens safe,

The Presidents critics have wasted no time in drawing

Senator Elizabethe Warren tweeted this:

Well in the last hour the White House communications

With us to discuss is legal professor Jonathan Turley,

from the George Washington University.

Is this religious discrimination, the travel ban? Frankly, I don't

think the case law supports the opinion. The ninth circuit made the

ruling on due process. This is based on different courts. So in some ways

this is opening up a new legal front. But the case law doesn't

really favour the court that much on something like this. And the court

was light on case analysis. It was long on the rhetoric and discussion

of the president's campaign statements and statements made by

his aides. That is usually not something that courts place so much

emphasis on. You have said in the past that you don't agree with the

travel ban, now stick your legal hat back on, is there a legal case to be

made do you think, they have used the campaign rhetoric of the

president to back up their case, is there do you think another legal

case to be made or not? Well, I tell you, I would have to bet on the

president on both due process and on the religious clauses and

establishment. The case law is strong here, it is interesting that

each of the decisions basically ignores the other counts, focuses on

one and different aspects. I didn't find the opinion that convincing.

What I felt was convincing was the administration needs discipline and

people are saying things public they are undermining their case. But a

lot of courts would be uneasy in having a case of this importance

turn on campaign statements. Particularly campaign statements

that you noted went back and forth and were fluid. This ban was

supposed to come into play today and now it won't. Talk us through a bit

of the, what goes on from here, the time table of how long will the ban

be frozen and how long will people who want to get into the United

States, how long will they have to get in? Well the fist step would be

for the administration to move to the ninth circuit, Hawaii is in the

circuit. There is a standing case that was never overturned that

favours the challengers. They may have favoured the decision that came

down. They can say this is a different order and written

differently and dropped some of the issues and we want you to look on

this on an emergency basis. They would do that. Whether they would

win is a good question. But this is a case clearly being groomed for the

Supreme Court. They're going to take it all the way. Is that weeks or

month? It could be weeks for the ninth circuit, but months for the

Supreme Court. They may not want to move and wait until there is a ninth

justice who is a strong Executive power record. Thank you very much.

Reinforce that the president needs a win somewhere and he has a problem

with his travel ban and with the Obama care replacement and wire

tapping and there are problems every where? What the processor said --

professor said is interesting, the majority of legal opinions believe

the president has the law on his side. The executive powers in

protecting the borders seem to be at their zenith. That may not matter

politically for this president, if this plays out over months that is

months of distraction from the kinds of things that the president needs

to get done. There are no legislative achievements so far for

this White House. We are talking about travel bans and that kind of

thing, they and he is losing on that fronts, he needs to have a win and

he needs to have some concrete actions that he can say, listen, I

have passed laws and made differences. The other thing is that

words have consequences. Sometimes you think the president doesn't seem

to understand that or doesn't care, but the implications of his words

when he is in the Oval Office are greater and that is what the judges

have ruled. What the judge in Hawaii said is statements on the campaign

trail have an impact and it is interesting the psychology of

president Trump is fascinating, he could say what he wanted when he was

CE of his company. Now he is president of the United States. And

people need to trust these words. In the last hour, the Republican

and Democratic leaders of the Senate Intelligence Committee

announced they have found no evidence to support

President Trump's claim the Obama administration tapped his

phones during the 2016 Devin Nunes, the Republican chair of

the the House Intelligece Committee, So two seperate inquiries

and nothing to suggest there was any So, is the President

going to let it drop? Take a look at some

of the things written about about wiretapping

eavesdropping and don't forget when I say

wiretap, those words were in

quotes, because wiretapping is pretty old fashioned stuff,

but it covers surveillance

And nobody ever talks about the fact that it was in quotes, but

wiretap covers a lot of things, I think you're going to find some

interesting items coming to the forefront over

I'm at a loss now, he can pick up the phone, he can end this now and

ring up and declassify the documents, there have been two

inquiries and we get this sort of refrain, in two weeks, something

else will happen, so he kicks it down the line and it muckies the

waters and the congress on both sides are getting tired of it. It is

a distraction, all this in quotation stuff and whether it was

surveillance or wire tapping muddies the waters, but what the president

said in his tweet four times in four separate tweets is indisputable. If

you look at that, it doesn't say wire tapping. Inverted commas. It

doesn't matter whether it is in inverted commas, it is what the

president wrote. You said words matter and we have had the president

op the size of his inauguration crowd, the millions who he said

voted illegally for which there is no evidence, on this wire tap, for

which there is no evidence, a by partisan pairing in the Senate said

there is no evidence. The more he does this and say things for which

there is no evidence that can be proven to be false, that has

consequences for him in his legislation, because Republicans are

losing patience with it. That is where he has his problems. And

remember the timing, this was just the day after Jeff Sessions recused

himself from the Russian affair. Now Sean Spicer has been speaking.

The president's Executive order false within his lawful authority in

seeking to protect our nation's security. And the department will

continue to defend his executive order in the courts. The department

is exploring all options to defend this order, we intend to appeal the

flawed rulings. The department of justice is determining the strategy

and timing and we expect action to be taken soon and seek clarification

of the order prior to appeal. The danger is real and the law is clear.

The president was elected to change our broken immigration system and

will continue to exercise his authority and presidential

responsibility to protect our nation. And just before I get to

your questions and then before introduce director mull vainy, I was

asked on the enforcement of the president's order to restrict

lobbying activities of Executive branch members and I said I would

get back to John. The Executive order itself has a section, 5, which

focuses on enforcement and each agency works with government ethics

to establish procedures for determining violations of the the

pledge. Sean Spicer speaking about the travel ban and showing they are

going to fight this all the way. Yes, saying what we were saying and

what professor Turley was saying that they believe the law is on

their side on this one. Now to Scotland.

There's an escalating dispute today between the British Prime Minister

and Scotland's First Minister on the question of a second

Theresa May said earlier today that now was "not the time" to be

Instead she wants to focus on the complicated

When the SNP, the Scottish Government, say it is time to start

talking about a second Scottish independence referendum,

I say that, just at this point, all of our energies should be

focused on our negotiations with the European Union

about our future relationship, and to be talking about

an independence referendum would, I think, make it more difficult

for us to be able to get the right deal for Scotland and for the UK.

It's not up to Westminster to disregard the democratic

We have a Conservative Government with one MP in Scotland saying they

will stand in the way of the choice of the Scottish people.

I mean, this is like winding the clock back to

the bad old days of Margaret Thatcher.

It is an argument for independence really in a nutshell

that Westminster thinks it's got the right to block the

democratically elected mandate of Scottish Government and the majority

History may look back on today and see it as

the day that the fate of the union was sealed.

Let's go now to Westminster and speak to Alex Forsyth,

The language is the most interesting thing in that statement from Nicola

Sturgeon, invoking the memory of Margaret Thatcher from 30 years ago

and talking of the fate of the union and the Tories who of course are not

particularly liked in Scotland among a particular sex of society. It

makes you think it is going to be difficult for these two women to get

together and get the best out of the Brexit negotiation. They're in a

high stakes game and almost a stand off, because Theresa May said what

she did unexpectedly and didn't warn Nicola Sturgeon, the First Minister

of Scotland, what she was going to say and what she said was Nicola

Sturgeon, you want a second independence referendum, by the

spring of 2019, that is before the UK leaves the EU and Theresa May

said that is not the right time for it. She was careful not to reject

the possibility outright, because the argument of Nicola Sturgeon that

is could fuel the case for independence if Westminster was seen

as blocking something which the Scottish Parliament wanted. Theresa

May picked her words carefully, but both are in a real political gamble,

Theresa May thinking she can play to the will of the Scottish people and

say we don't want more division. Nicola Sturgeon thinking she can do

the same, but persuade them that their rights are being eroded by

Westminster. It is going to be a case of one having to back down and

we don't know who. Thank you very much.

Here in the United States it is Congress that controls the money.

But the budget proposal written by the White House is a marker

of how the President intends to rule.

And you will see from this first budget proposal there is a sharp

increase in military spending and stark cuts across much

So let's take a look at the winners and losers.

The biggest loser of all is the Environmental Protection Agency.

They will see a 31% cut in funding - that wipes out over 50

The State Department will see a cut of 29%.

And both the agriculture and labour departments

In all, there are cuts to 15 departments -

the savings will raise 4.3 billion dollars of new funding over the next

two years for the wall on the Mexican border.

Just a fraction of what will be needed to complete it.

There will also be a 6% increase in funds for Veterans,

and a $54 billion increase in defence spending -

So Katty big numbers, put that increase in defence

As Christian mentioned that nine per cent equates to a rise

Compare that with the total State Department budget -

To the defence increase is more than the state department. The director

of the White House budget office made it clear today this is exactly

what president Trump wants. Make no mistake about it,

this is a hard-power budget, That is what the president wanted

and that is what we gave him. Today's planned budget cuts for

the Environmental Protection Agency puts into focus once again the Trump

administration's controversial What he wants to do is red meat

stuff - anything like veterans, the war, military, I'm running through

them, homeland security. This what is conservative base wants the

president to spend on and are not interesting in diplomacy. But you

withdraw diplomacy and you end up with problems around the world which

means you have to spend more on your military. I have had a tweet, Dave

saying, why are you always knocking Trump, he is doing what he said he

would do. Name me a president that has done that. People say it is not

a surprise, this what is he campaigned on. When we say doing

this, the budget has to go through congress and a lot may not happen,

as an indication of his priorities and what his voters' priorities are

it is clear - more military, less diplomacy and less money for the

environment and that is one of the biggest losers.

The southern coast of Florida has long been America's playground.

The destination for millions of tourists each year.

The waterfront home of some of the most prized real

But the Sunshine State has become a gorgeous front line in the fight

Rising sea waters and recurring flooding risks turning Miami Beach

into a modern-day Atlantis, a city submerged by water.

Even on sunny days it can get inundated because seasonal

tides bring the ocean to people's doorsteps.

So much of it now is a construction site, as the city builds pumping

Miami Beach is going to disappear, but don't tell that to all these

people building all these new houses and apartments, they

Local resident, Dan Kipness, gave us a tour of the newly built

flood defenses which scientists fear will be obsolete in just

The US Army projects that water levels could rise five feet

by the end of this century, but America's new commander-in-chief

Our so-called President thinks it is a hoax,

I mean, I can't believe it, I live right in the middle

We are so affected here, how dare the leader of this great

And the people around him cannot be thinking this way.

Just up the coast is the President's luxury Florida mansion.

He calls it the Winter White House but it is also a climate

Donald Trump has repeatedly rejected the science of climate change.

Even though it is estimated that over the coming decades rising sea

waters could inundate a quarter of his very own luxury estate.

But Florida went for Donald Trump at the election and just 25%

of those who voted for him nationwide believe that climate

Donald Trump, are you happy with the way things

Supporters like Barbara Grossman agree, 100% with the President.

The sea rise level is so minute, it can't even be counted.

But you go to Miami Beach and other communities and they are

Maybe the sand is all on landfill, it is sinking

That is just my guess, but what do I know?

You do not think it is climate change?

No, I don't think it has anything to do with it.

Of all the world cities, Miami ranks second in terms

of properties and assets at risk from global warming and water levels

here are rising at nearly ten times the average worldwide rates.

But the politics of climate change in America is by no means

And Florida demonstrated, you can deny its very existence

I think we should do the show from there one day. From Florida. While

it is still there. 31% proposed cut to the environmental protection

agency. That is a hefty cut. An incredible escape

to share with you now - 10 people, including

members of a BBC News crew, have been injured after a massive

explosion on Italy's Mount Etna. Europe's biggest volcano spewed

lava and burning rocks into the sky, forcing people

to run for cover. Our Science Reporter,

Becky Morelle was among them, I was with a BBC crew filming a lava

flow from a recent spate But the lava mixed with some snow

causing first, a small explosion. They pelted us with rocks

and boulders and steam. Everyone ran trying

to reach the snowmobile. But some were left with cuts

and burns and bruises. And a guide suffered

a dislocated shoulder. A volcanologist who was with us said

it was the worst incident he had experienced in his 30 year career

and that we were lucky no one Extraordinary escape. I was hearing

from the news room that the produce hear the was with Rebecca, the lava

hit her back and burnt through her coat. They have all gone to

hospital. I think they're all only lightly injured. But a lucky escape.

Beautiful to watch from afar. Why didn't they have warning. Apparently

the lava reacted with the snow. You're watching One Hundred

Days from BBC News. Still to come for viewers on the BBC

News Channel and BBC World News - US Secretary of State Rex Tillerson

has met the Japanese Prime Minister, but will he have a tougher time

when he heads to And when these US congressmen

couldn't fly because of snow, they drove to Washington

all the way from Texas. And of course,

they streamed it live. That's still to come on 100

Days, from BBC News. A day of contrasts in the UK today,

the best of the sunshine in the south-east. This was taken by a

weather watcher in Kent, looking across a field of daffodils. Cloud

and showers in the north-west Highlands. You can see in between

the two there was a fair bit of cloud. A big temperature difference

either side of this front. That fresher air in the north-west will

win out. It is coming behind a weak front that will drift south bringing

some rain. Behind it, the cold air follows as do a good few showers

into mired and Scotland -- Northern Ireland and Scotland. Some will fall

as snow over higher ground. Some frost in sheltered places. In the

morning, still some wintry showers over higher ground, but the

north-east of Scotland starts on a decent north. But wet for most of

Scotland and Northern Ireland. Down to Wales and the south-west of

England, a bright start. Many southern counties getting a decent

start with sunshine. Bright and breezy. And colder than it has been

on recent mornings. Make the most of the sunshine, because it will cloud

over from the north-west as rain continues to pile in, still further

snow over higher ground in Scotland. Come the afternoon, many southern

counties staying dry and mild at 10 to 13 degrees. But colder in the

north at 7 to 9 in Scotland. But we have the Cheltenham gold cup on

Friday and it will be cloudy in the afternoon, but it should stay dry,

pleasy. Through the evening some rain spreading towards the

south-east and you can see it is breezy and mild and a grey start to

the day on Saturday. With some rain. Continuing across the north and west

of the UK. The further east you are, it is drier. But some rain in the

higher ground at times. As you go through Saturday into Sunday, many

of us will see this warm sector, but it will be windy. But mild to start

the day on Sunday with some cloud and rain in the west. And the

further east you are the better chance of staying dry for much of

the day. It story. -- a reminder of our main

story. President Trump's second travel ban

is blocked by the US courts, but he vows that he will

make it happen. The two US congressmen who forged

an unlikely partnership as they drove across the states

to get to Washington for a vote. Centre ground European leaders

are celebrating Mark Rutte's victory German Chancellor Angela Merkel

called it a good day for democracy, while Spain's Prime Minister Mariano

Rajoy praised Dutch voters for their show

of responsibility and maturity. Despite his party losing

almost 20% of their seats, Mark Rutte held off the challenge

from Geert Wilders' Freedom Party. The far right Freedom Party did make

gains in the election, however, and their leader Geert Wilders

insisted he is here to stay. Our message to the people of the

Netherlands is to stay on the course that we have plotted for this

country, did take -- keep this country safe and stable and

prosperous. That message has been a difficult one but the people of

rewarded us forward. The Netherlands has said no to the wrong kind of

populism. The far right Freedom Party did make

gains in the election, however, and their leader Geert Wilders

insisted he is here to stay. Mark Rutte hasn't got rid of me, the

patriotically bring continues and I will be here if they need me for the

negotiations and if that is not the case that he won't get rid of me

just yet. Just before we came on air I spoke

to our correspondent Ros Atkins, We were talking about a big success

for Mark Rutte, but when you look at the final result, he lost eight

seats under Labour Party slumped from 38 to nine and Geert Wilders

still came in in a pretty strong second position, so what should we

read into this election? I think the thing is that everything

in politics is relative and if you in politics is relative and if you

go back a few weeks Geert Wilders had a clear lead in the polls, and

I'm talking about are several point lead and there was an expectation

that he could perhaps get more votes for his party than any of the others

in this election and the fact that this has not happened, not even

close, with Mark Rutte on 33 and Geert Wilders on 20 is quite a

turnaround from where we were recently and that is the reason that

even though Mark Rutte has lost seats and Geert

Wilders has gained seats, the narrative that is being told the

Dutch press, and I think it is the correct one, is that this is a good

night for Mark Rutte, not a disastrous one for Geert Wilders,

but not the breakthrough he was looking for.

It sounds a bit like the financial markets, you need to be the

expectations of your shareholders! The other thing that has come out to

me is that populism, as Mark Rutte said, can be defeated, but only when

there is a plausible and acceptable alternative. Hillary Clinton was not

that alternative, Mark Rutte was. I wonder if people in the Netherlands

are asking if France have unacceptable alternative?

This is a really key point. I have just been speaking to a man who has

just retired from parliament but he was a MP for the Mark Rutte party

and he has just be there was a gap a couple of months ago between what

Mark Rutte was saying and what Geert Wilders was saying about immigration

and Mark Rutte set into that gap and he acknowledged that the Liberal

party moved towards the populist message, partly because it is

arguing that it is correct to say so but also because it made electoral

sense, and that seems to have made a big impression on Dutch voters. I am

absolutely certain that the politicians in France would have

been looking at that and thinking about how they take on Marine Le Pen

and her message from Ben front National and seeing that that

message worked for Mark Rutte and maybe they need to consider it.

As the US Secretary of State, Rex Tillerson, prepares to arrive

in Beijing this weekend for the first high level visit

since President Trump took office the prospect of a trade war

between the worlds two biggest economies is lingering.

But any move by Washington to increase the tax on some

imports into America, to try to protect US jobs,

would almost certainly mean retaliation from Beijing,

and the threat of harm to plenty of US firms exporting everything

from cars to fruit to the world's biggest market place.

From Shanghai, our correspondent Robin Brant reports.

The strawberry, fresh and sweet and maybe the next weapon in a

transposition -- transpacific trade war. China's expanding middle-class

love fresh fruit and US firms have set up here to grow and sell in

China. It reckons there is also a place for its California

strawberries, so next month they will be flown in and they will be

pricey. Part of the reason for that is the import duty. China adds 14%

on fresh strawberries from the US. The prospect of a hike any time soon

could squash sales. We would be concerned, from the standpoint of

our our product could be affected by any type of trade. Issues between

our two countries. But certainly for us what we can do is continue to

focus on premium, that is the best thing that we can do to ensure that

the consumers are going to pay. It is not just the China ambitions of

fresh fruit that could be at stake. Ford could face a bump in the road

for one of its iconic brands. Made in America but on sale for a few

years now in China, this is make or break for Lincoln. It has been a bit

of a fading brand in the Ford portfolio but recently sales have

ticked up in the States. If these drivers here in China don't embrace

Lincoln that it could be the end of the road for the car that has

carried presidents. This giant is made in Kentucky and shipped to

China. It costs twice as much here. Part of the reason for that is the

import tax, 25%. On the prospect of an increase the parent company,

Ford, told the BBC it would evaluate the situation should the need arise,

but it would not comment on speculation. Most American companies

feel that both in Beijing and Washington the two leaders of the

two governments appreciate that the stakes are too high and this would

be harmful and unproductive for either country, so the expectation

of a trade war is quite low, if not nonexistence. What about Chinese

consumers? Are they swayed by price, provenance, politics? American.

American, why? The taste is delicious. You think American ones

are better? I don't think so. I don't think so. What if your leaders

told you not to buy American fruit? Does that matter? No. No, we can

choose for ourselves. Trade war or trade war, China often plays by its

own rules. Hershey's, the chocolate maker, had a factory here over a

complex row over missiles with South Korea. It is a reminder that China

doesn't have to take a chunk in tax to make its point.

So the other stories we are following today. Police in France

have arrested a student suspected of a shooting. He shocked the head

teacher. In Paris a letter bomb explodes at the headquarters of the

International Monetary Fund, injuring one person. Royal assent

has been given to the Black Sea legislation today, trading --

leading the way for Britain to leave the European Union. The Prime

Minister can now notify Rascal Flatts the UK is to leave the EU,

starting a process of negotiations. It is unlikely to happen until next

week to avoid a clash with an informal summit of EU countries.

Mike Flynn, he used to be the national Security Advisor here, this

is a warning for you to never take money from Moscow because I know you

have secret political ambitions! He took something like $30,000 from

Russian television, about $50,000 in total from the Russian, he had not

disclosed it before and it is ripples here. Was that very good

judgment on his part to be taking money from one of America's

adversaries? Perhaps not so much. Another link with Russia. My rubles

stay firmly under the bed! If you have been watching the last

two days you'll have seen pictures of two Texas Congressmen -

Beto O'Rourke, a Democrat, and Republican Will Hurd,

whose flights to Washington were cancelled this week

because of the snow. So in a last minute scramble

to make a vote here in DC, the two of them hired a car and set

off on a marathon journey from San Antonio, which they

streamed live on Facebook. Last night we told you

it was touch and go. They were due to arrive in DC just

10 minutes before that vote. Just two days ago these men were

mere acquaintances, political rivals. This road trip has resulted

in a bipartisan romance. Part of the drama was this, are we going to get

to the vote in time? We only have 36 hours. Are we going to be able to

get along with each other? They drove through the night, catching

the attention of a divided nation. I need to sleep. That is so funny.

They live streamed a debate on health care, border control, the

threat of terrorism, a town hall on wheels. Do we defund the Department

for Education? No. That were singalongs. And doughnuts. A whole

lot of doughnuts. Cheers, buddy. They took the detail, including to

land. When you see that there is a cool chondrites -- Congressman like

Beto O'Rourke, who knows a lot of interesting stuff about music, or a

fit guy like Three, who likes to eat doughnuts... I'm not a big doughnut

eater, I just like them. You No this is the high-tech map that I worked

on last night. I am supposed to be the cyber security guy but we

couldn't weather camera properly or the speaker and I think that kind of

humanised the entire institution. As they raced to DC, thousands tuned

ear phones in the travel advice to help them make it in time for the

vote in Congress. You No I am still disappointed that he thought we

would get there on time. We made it! We had plenty of time, obviously. 36

hours and 30 minutes is not plenty of time, that is cutting it as close

as you can. Can this burgeoning partnership work-out in Washington?

Bipartisanship is not a dirty word so don't be afraid to reach and go

beyond what you have always talked about and what we think about as a

Democrat or a Republican and I think America will reward you for that.

That is bipartisanship right there. God bless you, America. Andy. A lot

of doughnuts were eaten. I love those guys!

There was another mad scramble I should tell you about from New York

to Washington, it involves Katty Kay who almost missed the train. I am

not sure if this was the trailer. Look at this trade. I think Katty

Kay was in the second carriage of that, sipping a skinny latte. Look

at the poor passengers on the platform. Look at this!

Imagine starting your commute like that! What a bad way to get to work!

Join us again, at the same time on Monday.

The headlines now: The UK government has rejected calls for a Scottish