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Well show you the ballots on the senate floor after the brutal silencing laugh night of senator Elizabeth Warren. The decision s by the judges of the Ninth Circuit which may come later this week could test the limitations of president ial authority and expected to be ultimately be appealed to the United States Supreme Court. Today President Trump defended his authority and attacked the judges who will render that decision as well as the court system, itself. I listen to lawyers on both sides last night, and they were talks about things that had just nothing to do with it. I listened to a panel of judges and ill comment on that i will not comment on the statements made by certainly one judge, but vi have to be honest that if these judges wanted to, in my opinion, help the court in terms of respect for the court, theyd do what they should be doing. I mean, its so sad. We havent had a decision yet, strong point. So he invited the discussion by the court as to who has the ultimate responsibility for keeping america safe. And the answer, we have a division of authority, we have a separation of powers. Were the only country in the world withhere the You Disjudic Equal to the presidency. Of course the judiciary has a role to play in balancing the need to keep us safe against constitutional violations such as those alleged by the state of washington. So i think the justices will eventually decide this case, but the judges yesterday focused on the right issues, on standing, whether the Washington State has standing, on whether the injunction should be rescinded. I think the injunction wont be rescinded. I think the Solicitor General is going to have an uphill fight when it comes to the Supreme Court on the mares merits of t because i dont think hes persuasive when it comes to making an establishment case, an Establishment Clause argument. How do you know, mr. Purcell, how the president came to this decision to issue ordthis order . How do you know he didnt it for the most political reasons, i promised to people who voted for me id do some kind of ban, im going to do Something Like this. I dont think were going to only face dangers from those sempb k seven countries. We might. This will get me through the night. How do you know it wasnt intended to stop muslims from coming into country due to their religion . How do you know his mind . If its not written in the order. Its common to look behind the state of motives for a governmental action. The same action can be constitutional or not depending on what motivated it. For example, if a city passed an ordinance saying you have to shovel your sidewalks on saturday mornings, that might be perfectly fine but if the reason they did it was to block Orthodox Jews from living in city or discriminate them, then its not fine and its unconstitutional. Here its an incredible amount of evidence that the president was motivated at least in part even on religious grounds. It cannot say were going to help people who are persecuted because theyre christian and not help people who are persecuted because their muslim. The American People saw a candidate, trump, who could be quite nimble, the three of us know how nimble he can be. Shifted from saying it was going it be a muslim ban, unconstitutional, to say it was going to be a ban of a country or origin or where people are coming from. I go back to the case of pr President Obama signed, those seven countries determined to be insufficient in their vetting procedures. Theres no way to know what they were letting go on in their countries, themselves. There was a ban on people who had gone through those countries or at least more serious vetting procedure. They wouldnt get visas automatically for ending up going through europe. Question is if that was close enough suppose obama had issued this executive didnt th bill was strong enough, im going to go ahead with an Executive Order on the same countries. Would you have the same suspicion the president of the United States had religion in mind to punish a religion . Would you have that same suspicion of President Obama or president clinton . A couple of points s about that, chris. First of all, what was in place before, what Congress Passed and what President Obama implemented was nothing remotely like this, was not a ban of people traveling from those countries. It was a denial of visas. It was they did not get a waiver from the normal right. Visa requirement. Second, as i was saying before, you do have to look at motives. The exact same policy, and the Supreme Court had been very clear about this, im sure professor dershowitz would agree, the exact same policy can be constitutional or not depending upon what motivated it. If the motive was to argumetarg people based on their religion, its unconstitutional and thats what were alleging here. The Supreme Court also said if there is a good secular purpose, secular motive, dont you think even when trump i dont defend him, i dont like this mollpolicy at all. I hope you win the case. Thank you. Dont you think when he said muslim ban he had in mind a ban against people who would bring terrorism to the country . He doesnt really care about punishing muslims. If he did, he would extend the ban to 25 or 30 muslim countries. He focused on the muslim countries that he thought risked islamic terrism. Remember, the difference between the Obama Administration and trump is obama wouldnt use the term islamic extremism or islamic radicalism or islamic terrorism. Trump uses that term and thats his right. He was elected president. Isnt he entitled to implement that policy by saying it is that were focusing on and, therefore, its no accident that were focusing on seven countries that are muslim. Were not including armenia or israel or any other country, by the way, if he did include armenia or israel, would you say that solved the problem because here you have a Christian Country and a jewish country as well . Well, chris, let me if i can go back to your first question, i mean, i do think we have raised very serious questions about whether security was really what motivated the president in issuing this order. If it was really about National Security, one of the points weve been making our case, why didnt they figure out before they issued it whether it applied to half a Million People who are already here on green cards from these seven countries. . If those people are a threat, those are half a Million People who are already here. The white house hadnt made up their mind before they im not an attorney but let me ask you the problem. This comes down to human ability, our ability to read minds. Used to have guys like dunninger who go around audiences. I remember that. Would go around, say i know whats in your mind. We found out those were cons. Nobody can read somebody elses mind. Studying politics 40, 50 years, i thought you cant tell whats in a politicians mind because theres always a mix of things, always selfinterest, almost always. Some kind of grander interest. Some kind of doing the job they were elected to do or wanted to have the job. Its always a mix of things. How do you know this is a ban purposely an antimuslim ban when knowing trump like we all know, his Show Business is so much stronger than his depth, always bigger in when hes trying to sell than what hes thinking. He wasnt against the iraq war. He said he was because that works. You really think hes prolife . He says he is. It works. Could it be if you followed a pattern of his behavior, not what he said, what Rudy Giuliani said, what he said before, follow how trump works. Its what will work. Thats what he does. Could it be hes doing this to get through the night . Going to do some kind of ban, my people up in erie, pennsylvania, youngstown, ohio, were counting on him to do something, so im going to do something. Of course im not just worried about those seven countries. The guys who attacked us on 99 11, egypt with the brains and the thug s came from saudi arabia. It could be its just another day in politics for donald trump and how do you know thats not true or the other is strew ortr doesnt like muslims . How do you discreetly think through all that and come out and say im a judge, im going to tell you what he was thinking. I dont know the answer to that, do you . How do you know what anybody Elis Thinking . I cant read the president s mind. What i can cite is the things he said publicly which it provides a shocking amount of evidence really right off the bat of how this was intended. And our argument at this point, remember, you know, for those who arent lawyers, normally you dont have to prove discriminatory motive until later in the case after youve had a chance to get evidence and that sort of thing. One of the points i was making yesterday was that theres already a rather stunning amount of evidence that this was intended to target muslims before weve even had any opportunity to look at anything like, you know, emails between giuliani and the president s staff or conversations that happened between people about the goals. I do think, agn, the fact that this was done in such an irregular way, at it s not requested by the National Security agencies, it was barely if at all reviewed by then, theres a lot of thats where my head was going, that it was political. Im sorry, youve been a great guest and youre doing great public service. I want to get back to professor dershowitz. You said youre rooting for mr. Purce wil purcell, explain, unpack that if you can. I think the policy is terrible. I think the president should rescind it, go back to the drawing board, do exactly what mr. Purcell said, go through the National Security council, consult with his new Attorney General and draft a rule that would pass constitutional muster. I dont like this law. So i hope he wins, but on constitutional grounds, i think he has a weak case on Establishment Clause. And if youre asking Oliver Wendell holmes once said the job of a lawyer is to predict what the courts dwoil in fa s will d. I predict he will win the early rounds and may win in the Ninth Circuit because the Ninth Circuit has judges who are both liberal and conservative. When it comes to the Supreme Court, its going to be a very, very hard sell on the Establishment Clause particularly. Theres going to be a difference between people in the country, green cards certainly, people in the country legitimately, and the family from yemen who have never been in the country, they just apply for a visa, they want to come in, they have no constitutional right. And i think the state of washington will have a hard time proving that they have standing to assert the right of the family in yemen to come into the country for the first time. So, yeah, i hope he wins, but im not sure hes going to. Okay. Thank you so much. Noah purcell. Allen dershowitz. Thank you so much for your brains. Anyway. We continue to watch the ongoing vote in the United States senate to confirm senator Jeff Sessions of alabama to be the next Attorney General. That vote coming after an unprecedented day, unplus de of protests on the floor of the senate as republican Majority Leader silences senator Elizabeth Warren for reading a let r by dr. Martin luther kings widow. Well have an exclusive interview with tim kaine coming up, the 2016 Vice President ial candidate, when we return. This is hardball, where the action is. Your Insurance Company wont replace welcome back to hardball. We continue to watch the United States senate, right now holding a Confirmation Vote on alabama senator Jeff Sessions for Attorney General. Earlier this evening, senator tim kaine of virginia delivered an impassioned speech opposing this confirmation. Doing so, senator kaine told the story of richard and mildred loving, the couple jailed in 1959 when Interracial Marriage was illegal. Heres senator kaine. 1r50 years ago the Supreme Court struck down Interracial Marriage in this country, but mr. President , the case started with a couple who having nowhere else to turn thought if we write the Attorney General, surely he will be a champion for us and he will help us redress this horrible wrong. Thats who the Attorney General needs to be. Im joined right now by senator tim kaine of virginia. Of course, i love the fact you went back to Bobby Kennedy. I cant think of a better person i thought you would, chris. Yeah. Let me ask you about the i salute for you that especially since you represent the commonwealth of virginia. Right. That movie is a great movie, actually called loving and its about loving, actually, not just a family name. Let me ask you about this charge from Elizabeth Warren and, of course, it was initially made by ted kennedy and it was made by Coretta Scott king. Is it fair to judge a persons soul or their conscience, whatever you want to call it, their being, by who they were 30 years ago . 31 years ago . Is that fair . Greta van susteren before the show brought it up, she offered it as a rhetorical question. I offer it again to you. Is it fair . Chris, if you dont have any oaf oa other evidence, im not sure thats completely fair. It would make you ask questions but it would not be completely fair. In my speech on the floor, and look, Senator Sessions and i, we know each other. Im a friend. We have gone on codells together. I dont think he should be Attorney General because his Voting Record in the senate, even recently, suggests hes not going to be a champion for civil rights. So im not making a judgment about his character Lets Go To Bobby but im making a judgment about whether he can be a champion. Lets go to the Bobby Kennedy if he gets a letter tomorrow morning when hes Attorney General from an africanamerican man or woman, 80 years old, say i dont have a drivers license, one thing i want to do is go to the score when i want to go to the store, vote easily. Are you going to help me . Do you think Jeff Sessions will help that person . I dont have the confidence that someone writing e ining inn Voting Rights or immigrant writing in worried about being deported. I dont think theyll feel confidence. In fact, i dont think theyll write in. The Attorney General needs to be seen as a champion for civil rights and thats not been Senator Sessions record on lgbt equality, on Voting Rights, on special education. People wont see him as that champion that they saw Bobby Kennedy and others and that was one of the reasons i decided to oppose him. Weve had people who have risen up from their roots, may come from a part of the country that was segregated, people like that, klan members, bobmembers. Bobby byrd. Have risen above the local thinking, parochial thinking. You dont think mr. Sessions is capable of that . The deep south. Hes not able to transcend that and become a True American Lawkeeper . Chris, i havent seen the evidence. Heres an example. Just a couple years ago the Supreme Court struck down a big chunk of the Voting Rights act. I know. Section 5. He said that was good news. And when we tried to put together efforts to fix the Voting Rights act, fix the problem that the court said was a problem, theres an easy fix. Hes not been engaged in that. Im with him on the armed services committee. We had a Bill To Ban Torture by any agency of the United States government that got support from more than threequarters of the senators, very bipartisan. This was a year ago. Jeff sessions was one of the handful of people who would not sign on to a torture ban. I dont want an Attorney General serving with a president who says he thinks torture is okay, who thinks torture may be fine. An Attorney General needs to be a check, independent check against an overreaching executive especially in this case. I just dont see Senator Sessions as being able to do that. Hows it going for you and secretary Clinton Thesedays . I mean, we think about you. I do once in a while. I wonder because i think you did a good job running and, you know, the zeitgeist wasnt quite right. Had more to do with the zeitgeist than anything else. The mood of the country was what is your feeling about the whole election . It seems kind of surreal, chris. I wake up some mornings and it seems like the campaign was a dream and i wake up other mornings and thinking i might be living through some alternate reality now. So it was a this is the reality, senator. This is i got to by the way, we just got the word, 51 senators, majority, just voted for will you be able to work with him . Oh, absolutely. Ill be able to work with him. But look, i just you know, for this variety of reasons, ill go back to the other question, though, for me, the best thing was to go right back to work. Like you, im a religious person. Things happen for a reason. Even if you cant figure it out. But the one thing i know is im supposed to be in the senate. And i think the Trump Presidency is going to be a very important test of all the checks and balances in our system. Of a senate with power even in minority. Of the power of the press. Of the ability to peacefully protest. Of the power of the article 3 branch of the courts. Every check is going to be tested. And i think the systems going to be vindicated because the checks are going to work. But were going to have to work hard at it every day. Well, as a fellow i tell you something from outside our normal conversation at church, this is from a rabbi. I give this to people who are going through a hard time. He who gave me burdens also gave me shoulders. I love that. Yeah, thats a great that is a great we can handle whats thrown at us. Thank you so much. Its great to have good work to come back to. Thanks, chris. Youre lucky to be where you are. We are, too. Thank you, tim kaine from the commonwealth of virginia. Much more coming up on the hot, hot dispute over senator Elizabeth Warren. Were going to get into that situation, how its energizing a lot of people. Women especially. Not just women. This is sort of like the what do you call it, this is the lighting fluid to the Democratic Base i think. Its going to light them up. Well be right back. A meeting . 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The leather condemned Jeff Sessions, then the u. S. Attorney for the Southern District for alabama, for using what she said was, the awesome power of his office to chill the free exercise of the vote by black citizens. Anyway, a few minutes after senator warren read from that letter, the following scene played out. Lets watch it. They are mothers, daughters, sisters, fathers, sons and brothers. Mr. President they are mr. President. The Majority Leader. Senator impugn the motives and conduct of our colleague from alabama as warned by the chair. Said, Senator Sessions has used the awesome power of the office to chill the free exercise of the vote by black citizens. I call the senator to order under the provisions of rule 19. Mr. President , i am surprised that the words of Coretta Scott king are not suitable for debate in the United States senate. I ask leave of the senate to continue my remarks. Is there objection . Object. I appeal the ruling objection is heard. The senator will take her seat. The senator will take her seat. Well, those words are going to be rumored that rarely used provision, by the way, rule 19 said senator chance not, quote, impu to another senator any conduct or motive unworthy or unbecoming. Heres how senator mcconnell defended his action. Senator warren was giving a lengthy speech. She had appeared to violate the rule. She was warned. She was given an explanation. Nevertheless, she persisted. Today senator warren said she didnt think she was violating the rules of the senate. Here she is. This is Coretta Scott king talking about the facts as she saw them, that he used he, Jeff Sessions, used his office to chill the free exercise of the vote by black citizens. Shes not calling names. Shes just describing what happened. Do you think it the facts may her, but were not in the United States senate to ignore facts. Im joined right now by senator jack reed of rhode island. Thausk y thank you for coming on. Looks like the argument whether Jeff Sessions is Attorney General is over. He now is Attorney General. Hes been confirmed by a majority of the senate voting. What do you make of the argument of rule 19 and Elizabeth Warren . Republicans made a mistake to silence Elizabeth Warren. Americans are aware of Coretta Scott kings letter. Shwas reading a historic document by an icon o the civil rights movement describing the behaviors that she observed so i think it was a vast extension, attempt to all the senators were allowed to read the same letter. I think there was a grave mistake made. What do you make of that letter, the influence on hr thinking . You may have already decided but do you think that letter is condemnatory . What would you say about that letter from mrs. King all those years ago . 31 years ago. I think what the letter describes was Coretta Scott kings view of Senator Sessions based upon her experience, her knowledge. I think it was sincere. It is more than 20 years old, perhaps close to 30 years old. But i think it was written with, you know, a meaningful and sincere intent by mrs. King. How do you think this is going to hurt or help your colleague from massachusetts . I would think this is the best thing. You know, however it happened, it seems to me Mitch Mcconnell, the republican leader, has given her the most National Attention in a positive way she could ever get. I dont think anybody is holding against her what she said in quoting mrs. Kings letter, in fact, theyre saluting herb f i it. On the other hand, people are going to rally to her and say she has punspunk, the stuff we looking for on the democratic side. Youre exactly right. Showed not only great eloquence but great determination. She didnt want to be seated in silence. She wanted to participate in the debate in the senate. I think she also viewed she was reading a historical record, not making a deliberate personal attack against any other senator. Thank you so much. Honor to have you on, sir, senator reed of rhode island. Anyway, there was strong reaction to Senator Warrens Speech Last Night and senator mcconnells rebuke of her. Isnt that a nice big liblical . Rebuke. Etch even Hillary Clinton weighed. She was warned, given an explanation, nevertheless, she persisted. Clinted added in her own words so must we all. Im joined by washington posts robert costa. Both are mns Mns Political Snbc analysts. What was your reaction to this whole thing . First of all, personally, what it meant to you as a womb, an, citizen and what do you think the political fallout is . I thought Elizabeth Warren could not have done anything on her own to have helped herself as much as Mitch Mcconnell just helped her. He gave her a massive platform both in terms of her own favorability and personal brand. Elizabeth warren up until now had kind of been a little l bbi more silent compared to winn wh snappers that have been trying to harness the progressive energy. It became a trigger point, some of the key bloof the base, bothr africanamericans, they felt like he wasnt just silencing her, he was silencing Coretta Scott king, words of her and also women. It became a flashpoint for women who saw in that a form of bullying. Chris, i went on twitter an some of the male trump voters who often troll journalists were using the word, shrill, and words that came up also around clinton she wasnt shrill. Let me ask you about women, generally growing up, in school, im sure youve been through this. Youre a different generation than me. The boys do all the talking. The girls are much more reserved about this. Is it that primordial . I think it is. If you recall, that became a flashpoint as well during the campaign with Hillary Clinton being shushed. Who did that . I think it was during a debate. Might have even been i think it may have been sanders. It was sanders, yeah, actually. That became something that then helped her with women again. I think, yeah, that that brought back a lot of memories maybe for a certain generation of women who feel like if they are speaking in a certain tone or too aggressively, that it is somehow seen as shrill or yeah, i know. Not pleasant for males who may be trying to assert themselves in the same way. That definitely was something Hillary Clinton expressed during the campaign was that when she felt like when she raised herb voi voice and tried to be impassioned about something, it was viewed differently than when her male counterparts did the same thing. You can see how she adjusted her language after the initial debate when that happened. Thank you. Let me go to robert costa. This you know, this is stupid politics by Mitch Mcconnell, i think. Unless they want lets be political here for a second, not in terms of bad manners or whatever, male female relations, whatever, could it be that old mr. Wise old al Mitch Mcconnell wants the democratic Progressive Left to take over the party because he thinks its easier to beat in kentucky when the next election is held there . He wants the party to sweep over to the Progressive Side with senator warren leading the band . That would be a longterm chess play. I think this was an important political moment for the left. For democrats, chris, who saw in 2016 africanamerican voters across the country in many of these swing states that did not turn out in the traditional numbers along the Obama Coalition and now you see the democrats not just going after economicssues with people like senator warren but going after the racial issues surrounding the Trump Presidency. And how does that fit with Elizabeth Warren . The racial because she was quoting from coretta king. Well, shes bringing up the racial issues that surround some of these nominees. Right. The one thing that haunts sessions is the 1986 Confirmation Hearing he had for another judicial post. This is something that beyond the populism and nationalism that sessions represents, he represents also in democrats minds this racially charged element of the republican matter and as they look to 2018 and 2020, they need to rebuild their coalition and part of that rebuilding is getting voters on the left active on these issues again, reminded about the importance of these issues as these confirmations come through. Well, both questions, ill start with you, im going to go to you, robert, why is trump, the president , why is he jumping on these judges before they rule . He just wants to antagonize these guys. Hes been doing this, though, throughout the campaign. It started i see it as not just judges, chris, anybody who gets kind of in his craw. You know . The media, the judges, any institution. The cia. That gets in his craw. Well anyway, ill leave it at that. Quickly, robert, youve been following this guy like a bird dog. Why does he make it hard to agree with him . The buck stops on that desk. Agree wh that principle with a lot of latitude. Here he is talking trash talk to the judges. I find it hard to say, oh, yeah, youre right, keep it up, buddy. Its hard to say because everything for President Trump is a fight. You look at his entire career. Real estate, television, the tabloids. He relishes a public fight and its about the negotiation in the public sphere. Thats whats its all about. Frank sinatra all over again. Thank you. Up next, President Trumps once again attacking judges. This time the threejudge panel on that ninth Circuit Court of appeals that is actually weighing right now whether to reinstate his travel ban. It comes as trump continues to paint a dark and many people think a scary picture of the world. A fear appropriate, if not to actual reality, certainly appropriate to his agenda. What he wants. This is hardball, where the action is. Uhhh and i was wondering if your brokerage offers some sort of guarantee . Guarantee . Where we can get our fees and commissions back if were not happy. So can you offer me what schwab is offering . Whats with all the questions . Ask your broker if theyre offering 6. 95 online Equity Trades and a satisfaction guarantee. If you dont like their answer, ask again at schwab. Trust number one doctor recommended Dulcolax Constipated . Use dulcolax tablets for gentle overnight relief suppositories for relief in minutes and Stool Softeners for comfortable relief of hard stools. Dulcolax, designed for dependable relief my doctor said moving more helps ease Fibromyalgia Pain. He also prescribed Lyric Bromyalgia is thought to be the result of overactive nerves. Lyrica is believed to calm these nerves. For some, lyrica can significantly relieve Fibromyalgia Pain and improve function, so i feel better. Lyrica may cause serious allergic reactions or suicidal thoughts or actions. Tell your doctor right away if you have these, new or worsening depression, or unusual changes in mood or behavior. Or swelling, trouble breathing, rash, hives, blisters, muscle pain with fever, tired feeling, or blurry vision. Common side effects are dizziness, sleepiness, weight gain and swelling of hands, legs and feet. Dont drink alcohol while taking lyrica. Dont drive or use machinery until you know how lyrica affects you. Those who have had a drug or Alcohol Problem may be more likely to misuse lyrica. With less pain, i can be more active. Ask your doctor about lyrica. Court biased, so i wont call it biased. We havent had a decision yet. But courts seem to be so political and it would be so great for our Justice System if they would be able to read a statement and do whats right. Right now, we are at risk because of what happened. I listened to A Bunch Of Stuff last night on television that was disgraceful. It was disgraceful. President trump also tweeted this morning that if the u. S. Does not win this case, as it so obviously should, we can never have the security and safety to which we are entitled. Politics. Thats how he ended it. Never. This afternoon, democratic senator Richard Blumenthal from connecticut, of course, met with Supreme Court nominee neil gorsh. Heres what he said gorsuch had to say about the president s comments on the judiciary. He certainly expressed to me that he is disheartened by The Demoralizing and abhorrent comments made by President Trump about the judiciary. Well a spokesman for gorsuch, himself, confirms the nominee did use the words disheartening and demoralizing in regards to what it was doing to judiciary from trumps comments. Joining me, angus king, independent from the state of maine. Senator king, what do you make of this, because its not hearsay, apparently we now know gorsuchs people have said, yes, thats what hes said. Hes demoralized. E believes it demoralizes the judiciary to be told theyre prejudice by the president of the United States. Thats what drutrump basically said. If i had a client who was going to bad mouth the judge while the judge was still considering the case, that in itself makes t s no sense. The deeper problem is just a lack of deep understanding or any understanding of the constitution and the separation of powers to deliberately, and i think it clearly was deliberate, he said it, to try to delegitimize an independent coequal branch of government in doing their job and talk about you didnt play the clip where he said any High School Student would know what the right answer is here. It just its overstepping the bounds. I mean, it as you can tell, m kind of speechl it really is extraordinary and it undermines the whole system. Hes preparing a way for people to say, oh, yeah, political judges and all that. These are people appointed by jimmy carter, george w. Bush and barack obama. Thats the essence of our system, division of power. There has to be some respect to the system, it seems to me. Senator king, we have no time tonight. Its a busy night. Thank you for coming on from maine. Independent voice. Absolutely. Up next, the democratic resistance may have turned a corner after what happened in the senate overnight. Will progressives use it to build a movement . What happened to Elizabeth Warren against trumpism. Could she be the new champion of the resistance, if you will . The hardball roundtable is coming here next. Youre watching hardball, where action is. Did you know 90 of couples disagree on Mattress Firmness . Enter sleep number. She likes the bed soft. Hes more hardcore. You can both adjust the bed for the best sleep of your life. Right now, save 50 on the ultimate limited edition bed. 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With an estate plan including wills or a living trust that grows along with you and your family. Legalzoom. Legal help is here. Conduct, he should not be rewarded with a federal judgeship. Well, democratic criticism of Senator Sessions was then seen as purely political. Listen to the rest. Charges that she was making against Jeff Sessions are demonstrably false. Theyre slanderous. Theyre ugly. And its one of the crutches you know, when the left doesnt have any other arguments, they go and accuse everyone of being a racist. His unpleasantness, that guy, ted cruz, is immeasurable. The latest clash of one of the president s cabinet picks, Grassroots Opposition continues to grow. Im joined by our round table, david avella, republican consultant, chairman of gopac have to say it with the exclamation point. Michelle bernard, reelected again. And jonathan, writer for new york magazine, author of a great book audacity how barack obama devefied his critics and created a legacy that will prevail. Who won, who lost with mcconnell, Mitch Mcconnell rebuking Elizabeth Warren . Who won nthat fight . Mcconnell, keeping the vote going for session tonight. Elizabeth warren wins because her email list is bigger, her fundraising has more money in her account. Who was right . Who was right . Elizabeth warren. Okay. Tell me why. Absolutely, Elizabeth Warren wins and the country wins because her just the appearance of the way he spoke to her and what he said and then you turn on the television this morning, and you see male pundit after pundit saying it has nothing to do with the fact that shes a woman, it doesnt matter, its just that his constituents dont like her. It does matter. How do they know . I go into this thing with dunninger, this thing about reading minds. Judges tell me they can read trumps mind. You cant read anyones mind but theres something you learn in the law that it is not just i agree. You cant always tell intent but if tsh. I agree with you. Michelle, would never said ted kennedy they would have never told him to shut up when he was talking. Michelle brings up that men came out and was critical of Elizabeth Warren and she read mrs. Kings letter. Let me read you his nieces comment. Its almost like a bait and switch. Stir up the emotions In The Name Of king and My Name Is Alvita Ki King and play the race card which shes attempting to do. I want to ask you if you can justify the senate rule. I understand why they have a rule, you cant criticize anoth another senator. When the senator is the nominee, you have rules you cant criticize the person youre debating . Isnt that insane . That is the rule. Think about Everyone Else who has been criticized. Really just pick out one look at a lot of senate rules and maybe think they are absurd orrcane or out of step, but the reality is they are the les. Now if trump they dont always enforce them. If Chuck Schumer was in charge just as harry reid did last night, he probably would change a rule he didnt like. You let ted cruz you think mcconnell is trying to help Elizabeth Warren . I dont think he likes her. I dont understand why i thought Elizabeth Warren 2020, thank you for giving us our first female president. I know, im a historian around here, i love my jobs go back to 1966, lbj, nixon one time made him the nominee in 68 by attacking him. I compared it to the gag rule in the 19th century. You couldnt its in your article. Thats right. It made the issue bigger because it made the issue about are we allowed to debate this question . It put more attention on it. This is what the democrats are down to. Go. They dont have the white house. They dont have the senate. They dont have the house. They only have, what is it, 17 of 50 governors. They only got a mere 31 whats that got to do with look, all they have to do is shout and scream. Thats all theyve done. Millions of women who showed up to protest on the march. They have the millions of muslims we got to go. Many women are supporting Donald Trumps absolutely. 42 voted for trump. The roundtable is sticking with up. Not black women. We voted the right way. That out. Were going to stay, this, by the way, as you can see is where the action is. Hey, need fast heartburn relief . Try cool mint zantac. It releases a Cooling Sensation in your mouth and throat. Zantac works in as little as 30 minutes. Nexium can take 24 hours. Try cool mint zantac. No pill relieves heartburn faster. Stop clicking around. Travel sites to find a better price. The lowest prices on our hotels are always at hilton. Com. So pay less and get more only at hilton. Com. Deartheres no other way to say this. Its over. Ive found a permanent escape from monotony. Together, we are perfectly balanced, our senses awake, our hearts racing as one. I know this is sudden, but they say if you love something. Set it free. See you around, giulia yesterday in new york, First Lady Melania Trump settled a Defamation Lawsuit against a blogger for running a false story about her. The defendant in the case issued the following apology. I had no legitimate factual bases to make these false statements and i fully retract them. I acknowledge these false statements were very harmful and hurt to feel mrs. Trump and her family and therefore i sincerely apologize to mrs. Trump, her son, her husband and her parents for making these false statements. Thats all ive got to say. Well be right back. From the first moment you met it was love at first touch and all you wanted to do was surround them in comfort and protection thats why only Pampers Swaddlers is the 1 choice of hospitals to wrap your baby in blanketlike softness and premium protection mom oh hi baby so all they feel is love wishing you love, sleep and play. Pampers but when we brought our daughter home, that was it. Now i have nicoderm cq. The Nicoderm Cq Patch with unique extended release Technology Helps prevent your urge to smoke all day. Its the best thing that ever happened to me. Every great why needs a great how. Heck, i can get you over 600 in savings. Chop, chop. Do i look like ive been hurt before . Because ive been hurt before. Um, actually your session is up. Hang on. I call this next one junior year abroad. Back with the round table. David, Tell Me Something i dont know. In february, a special election in delaware will decide Majority Control in the state senate. If democrats lose they will be down to a mere five states where they have the Governors Office and state legislatures. Not good is it . It is for the republicans . Not good for the progressive conservatives. And hes smiling. He should, hes a conservative. Go ahead. I am going to predict the fifth circuit four, harken back into the 1950s into the 1960s led by three white men all republicans, another white male, a democrat, paved the way for all the civil rights legislation of today, i think the ninth circuit will do the same with the decision on the washington case and immigration ban. Fact from my book the share of corporate profits wall street accounted for was 30 before dodd frank, went down to 17 , almost half. Well see if it goes back up under trump if he refinancializes the economy. Thank you very much jonathan chait, david, and michelle. When we return, let me finish with trump watch. Youre watching hardball. Trump watch, february actually, february 8, wednesday, 2017. A disturbing thought for tonight. Could the Cross Currents in this case of the Trump Travel Ban have kept us from the central constitutional question . Suppose youre a judge and you have to decide whether to step in and stop a president from carrying out an Executive Order dealing with National Security . If its clearly unconstitutional the answer is easy. If the order says islam is the countrys enemy and its beliefs should be kept from our borders the could should act and bluntly. However since the order refers to the same countries the United States congress has already identified as being dangerous, does such an Executive Order deserve to be denied . I know how hard it is to separate the Executive Order without reference to the previous statements and mayor giuliani or from who the president is issuing the order but wouldnt it be reasonable for judges to do just that why . No judge no matter how fail or brilliant has the ability to tell what the president s purpose is with any real

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