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Keep the government open. and that's where we stand right now, with a little over a day to go. >> and it's not that it's close. and that's the important thing for people to understand. if they don't get to an agreement by tomorrow night and the government shuts down, it's not like they're close to an answer. this is a fundamental debate in which the sides are in opposite places. garrett haake for us on capitol hill. let's go to someone in the thick of this. joining me now, new hampshire democratic senator jeanne shaheen who sits on the foreign armed services and foreign relations. the first th...

Secure. but it is not the only thing. and that is where i think the opportunity lies for a compromise position to come out end of the day. >> i think the president showed in front of the american people failure to be a good negotiator. he said if you don't give me what i want, i am shutting the government down. he claims to be a great negotiator. the american people saw him fail in terms of negotiating a real solution. >> i want to add this, there's an aide that e-mailed what please told lawmakers. it is like a man hood thing, as if man hood could be associated with him. she was going for the ...

Presidency. >> but you're bringing up a great point, who is now on the supreme court of the united states? we have brett kavanaugh and it is no secret as far back as twp, brett kavanaugh, justice kavanaugh was saying a sitting president of the united states should not be either sued civilly or criminally prosecuted for his acts. does that mean we may have a challenge going up to the supreme court of the united states on something like this? >> if someone wanted to prosecute trump they might not have to deal with the supreme court. most federal crimes, let's say a statute of limitations of five...

There are ways around memos. when you look at all the arguments from the framers to the -- these memos they're always about how is anybody going to run the country. i think that makes sense. how do you -- >> put matthew whitaker -- >> how can you run the country under indictment. that makes sense. you could indict somebody and then seal it until after they're not in office anymore and then you wouldn't have trouble with statute of limitations. it's a good compromise position. nobody could hold up the shield and steal an election and never be prosecuted. >> the whole purpose, if he stole the el...

White house economic group. a real enforcer when you put them together with robert lighthizer. a powerful, 1-2 punch of china hawks. in the middle of all of this is larry kudlow, definitely a free trader, but also believes that china is behaving badly and needs to change. in the free-trade side of the equation coming of jared kushner, steve mnuchin, who may be more inclined to push a compromise position. in fact, earlier this year, and china talks, mnuchin went to lengths to keep navarro out of those meetings. an interesting dynamic tomorrow get one of the things dangling before china, delayin...