well, if i might to make sure we are not making a mistake senator coops. it is my hope that if you are confirmed and we do make progress on bipartisan criminal justice reform that as attorney general you will carry out whatever legislative decisions might be made by this body. last let me say in my six years here in addition to not working on a number of bipartisan proposals on criminal justice reform you have repeatedly voted against congressional attempts to prohibit torture in the military on text or the interrogation context and to defend enhanced interrogation practices. are you clear now that our statutes prohibit torture and if the president were to rover yid that clear legal authority what actions would you take? on your previous question i would note the federal prison population has already dropped 10 or more percent and will drop another 10,000 this year. what is happening now is reducing the federal population. this law only dealt with the federal prison population. and that represents the most serious offenders, our federal dea and u.s. attorneys are prosecuting more serious cases. with regard to the torture issues, i watched them for some time and have been concerned about what we should do about it. the bill that passed last time was a major step. i thought it was really not the right step. senator graham, i know, has been an opponent of torture steadfastly and supported a lot of different things, opposed it. it basically took what i was teaching the young soldiers at the army reserve unit as a lecturer as a teacher, the army field manual. listening to democratic senator after democratic senator give speeches in praise of the rule of law. i am heartened by that i am encouraged by that. because for eight years it s been absent. for eight years, we ve seen a department of justice consistently disregarding the rule of law. when eric holer s department of justice allowed illegal gun transactions, illegally sold guns to mexican gun traffickers as part of fast and furious, guns that were later used to murder border patrol agent brian terry, the democratic member of this committee were silent. when eric holder was found in contempt of congress for refusing to cooperate with congress s investigation into fast and furious, once again the democratic members this committee were silent. when the irs illegally targeted united states citizens for exercising the first amendment views for exercising their roles in the political process, democratic members of this committee were silent. when the department of justice refused to fairly investigate the irs targeting citizens and indeed assign the investigation to a liberal partisan democratic who had given over $6,000 to president obama and democrats, democrats on this committee were silent. when numerous members of this committee called on the attorney general to appoint a special prosecutor to ensure that justice was done on the irs case democrats on this committee were silent. when the justice department began using operation choke point to target law-abiding citizens that they disagreed with politically. you are a racist! you are ties in the kkk. you are [ inaudible ] black lives matter, black lives matter, black lives matter! guantanamo terrorists without the notification of congress, the democrats on this committee were silent. that pattern has been dismaying for eight years but i take today as a moment of celebration. if once again this committee has a bipartisan commitment to rule of law, to following the law, that is a wonderful thing and it is consistent with the tradition of this committee, going back centuries. now if we were to play a game of tit for tat, if what was good for the goose were good for the gander then a republican attorney general should be equally partisan, should disregard the law, should advance political preferences favored by the republican party. senator sessions do you believe that would be appropriate for an torney general to do? no, i do no i believe you and i think we do have to be aware that when something like this is done and some of the things i m familiar with enough to agree with you that i thought were improper, i do believe it has a corrosive effect on public confidence in the constitutional republic of which we are sworn to uphold. i think you are exactly right. you and i are both alumni of the department of justice, and it has a long bipartisan tradition of staying outside of partisan politics, of simply and fairly enforcing the law. i will say right now if i believed that you would implement policies, even policies i agreed with, contrary to law. i would vote against your confirmation. the reason i m so enthusiast enthusiastically supporting your confirmation is i have every degree of confidence you will follow the law faithfully and honestly. and this is the first and most important obligation of the attorney general. now, earlier in this hearing senator franken engaged you in a discussion that i think was intended to try to undermine your character and integrity. and in particular, senator franken suggested that you had somehow misrepresented your record. it is unfortunate to see emembes of this body impugn the integrity of a senator with whom we have served for years. it is particularly unfortunate when that attack is not backed up by the facts. senator franken based his attack primarily on an op ed written by an attorney, gerald hebert. there is an irony in relying on mr. hebert, because as you know, 1996 mr. hebert testified then and attacked you then, making false charges against you. indeed i would note in the 1996 hearing two days later mr. hebert was forced to recant his testimony to say he had given false testimony to this committee and to say, i apologize to any inconvenience to this committee or mr. theation and with non-criminal civil rights cases was to provide support for the civil rights division attorneys. i reviewed signed and cosigned briefs and others filed during my tenure. i provided assistance and guidance to the civil rights attorneys, had an open door policy with them and cooperated with them on these cases. for the cases described in 6, i supervised litigation and sign the pleading. that is consistent with the 1986 testimony that you provided help every step of the way; is that correct? i think, yes. there is no question you have been forthright with this committee and i would note that members of this committee don t have to search far and wide to know who jeff sessions is. we ve known every day sitting at this bench alongside you. i want to shift to a different topic, and it s the topic i opened with which is the politicization of the department of justice. the office of legal counsel has a critical role of providing sound, legal and constitutional advice both to the attorney general and the president. in the last eight years we have seen a highly politicized olc. an olc that has given politically convenient rulings whether on recess appointments, whether on executive amnesty. and early on, perhaps that was started by 2009 attorney general holder overruling olc concerning legislation trying to grant the district of columbia representation in congress. and it may well be that that sent a message to olc that its opinions were to be political and not legal in nature. tell me, senator session what will you do as attorney general to restore professionalism and fidelity of the law to the office of legal counsel. senator, i think any short-term political agenda gapes that come from the abuse of the law making processes and requirements of the department of justice just don t make sense. it will always in the long run be more damaging than the short-term gain that one might have. the office of legal counsel, all of us who have served in the department know, is a bigtime position. you need a mature, smart, experienced person who understands this government, who understands the laws and is principled and consistent in their application of the laws. that will help the president. it will help the congress. it will help the american people. i do believe we need to work hard to have that, and i will do my best to ensure we do have it. one final question. in the last eight years the deputy of justice s slit for general office has also i believe been unfortunately political sized. it and it sustained a unprecedented number of losses before the united states supreme court. indeed, president obama s justice department won less than half of its total cases before the supreme court, which is the lowest presidential win rate since harry truman. the average historically for the last 50 years has been about 70%. snum rouse of those cases were unanimous with indeed both obama supreme court appointees voting against the lawless positions of this justice department including their assertion that the government has the authority to supervise and direct the appointment and the hiring and firing of clergy in the church. what will you do as attorney general to ensure the integrity of the office of slitter general that it is faithful to the law and not advancing extreme political positions like the obama justice department did that have been rejected over and over again by the supreme court? i think the problem there is a desire to achieve a result sometimes that overrides the commitment to the law. in the long run, this country will be stronger if we adhere to the law even though somebody might be frustrated in the short-term of not achieving an agenda. the solicitor general should not advocate to alter the meaning of words to advance an agenda. that is an abuse of office and i would try to seek to have a slit for general who is faithful to the constitution, serves under the constitution, does not feel that its that power to rise above it and make it say what it wants it to say. thank you senator sessions. we ve been watching this hearing now since the morning hours. we want to get a quick accounting of what our correspondents have been able to learn, starting with kelly o donnell who covers capitol hill for us and has been stationed outside the hearing room. kelly, what have you picked up? brian, this is of course the entrance to the kennedy caucus room where this hearing and many others in history have taken place. and i think what is particularly striking today is how you see republicans trying to prepare and protect jeff sessions in terms the criticism coming his way, and democrats who are working to elicit areas where they think there are weaknesses in his testimony or discrepancies in his record or thing they can try to ship a light on because democrats don t have the numbers to block this confirmation but they want to expose forward barring any unforeseen circumstance. you really get a sense today of the mood here. as the first confirmation hearing, one with high stakes, a huge role, and nominee who does have some controversy in his past, the energy here in the russel senate office buildings with protesters, with international media here, and with all the people associated with staging a hearing like this, putting this on, it has been a day where you really get a sense that this is when congress can do its work with the nation paying attention. and these are real issues that are raw nerves for many americans. and they are getting a hearing today. sessions has been put through a lot of practice. we could hear that in some of his responses where he knew that there might be some areas in his record or his past statements that needed to be fixed a bit. and some of the republicans have tried to give him a forum to answer the critic. and we ve seen that unfold today. kelly o donnell on the hill. to pete williams we go next. pete, the folks that haven t watched a hearing, a high-profile hearing like this for long time would be forgiven for forgetting that this is really a team sport. various members of both teams go up, take their turns, make their points, try to score some points. so it would be so unusual indeed for this committee to knock down, to reject a nominee for a cabinet job. correct. and i think what you are seeing here is exactly that a well coordinated evident here among the democrats. all of them seem to be asking about a different facet of jeff sessions either of his time as the u.s. attorney and prosecutor in alabama and his time as a u.s. senator. and they are not repeating each other for the most part although there have been several questions here about for example, what if donald trump insists on trying to reimpose water boarding? would you advise him that that s against the law? sessions has said several times that he would. the question of voting rights has come up repeatedly today as well. senator sessions seemed to go out of his way although only with one sentence, to say that he believes civil rights are very important, specific voter rights. voter id has been a controversial issue, it s one that the justice department has been suing states over what they consider to be restrictive voter id laws. senator sessions said on the surface it did not appear to him that state voter id laws actually suppress the minority vote. so elections have consequences. there are going to be many case ways in which in justice department under donald trump is different than under barack obama. i think today is an effort both to try to tease out his views that will be different but also to try to set some markers here and putting himself on the record on issues like civil rights and the voting rights act. we are starting a busy week. while we ve been talking, up with of two other hearings have been going on. the nation s command structure and intelligence has been appearing over in front of senate intelligence. what has been gained or learned from that hearing? i don t know, brian, because i have been watching this one. but senator sessions was asked today about the intel committee report, which as you know donald trump has shown some skepticism about its conclusion. and what mr. session said today is he has no reason to doubt the intelligence report about russian hacking. and he has seen no evidence to the contrary. nothing to indicate that the report is wrong. in other words, he s not exactly embraced it, but nothing we won t distance himself from night pete williams sharing with our viewers a fundamental truth. while watching one hearing we can t be expected to watch another at the same time. never been done as far as i know. pete, thank you very much. and thanks as always for your honesty. we re going to take a break in our coverage on the other side katie tur is here and standing by in our new york studios to take this hour the rest of the way. turns out that attorney general nominee jeff sessions and chuck schumer have a similar morning routine. do you work out in the gym with senator sessions? what does he do and what do you do. we are on the bikes next to each other oftentimes watching morning joe and making diametrically opposed comments about what s going on. no fights have broken out yet. that s a good thing. ch: this moe to worry about a cracked windshield. so she scheduled at safelite.com and with safelite s exclusive on my way text she knew exactly when i d be there, so she didn t miss a single shot. i replaced her windshield giving her more time for what matters most. tech: how d ya do? player: we won! tech: nice! that s another safelite advantage. mom: thank you so much! (team sing) safelite repair, safelite replace. he is sitting before the senate intelligence committee for a hearing on russian hacking. this is his first time speaking publicly since the presidential election. first to session s nomination hearing which was mark bite repeated protests, the alabama senator sitting before that committee since roughly 9:30 this morning in a hearing that s expected to last two days. here s a quick recap of what we have heard so far. i abhor the klan and what it represents and its hateful etiology. i believe the proper thing for me to do would be to recuse myself from any questions involving those kind of investigations that involve secretary clinton. how do you feel about a foreign entity trying to interfere in our election? i think it s i go can t event. i m not asking if you believe it influenced it just if you belief the report of our intelligence agencies? i have no reason to doubt that and have no evidence that would indicate otherwise. i have no belief and do not support the idea in a muslims as a religious group should be denied admission to the united states. i do believe that if you continually go through a cycle of amnesty that you undermine the respect for the law and encourage more illegal immigration into america. down the hallway at the capitol fbi director james comey being asked what he knew about and when about reports russia hacked america s election. there is no doubt that the russians attacked intruded and took data from some of those systems. joining me now from the hill, casey hunt. and from the pentagon, hans nickels. casey, let s start with you. senator sessions was grilled on civil rights, women s rights, hate crimes, immigration, his ability to say no to donald trump. the muslim ban, torture, russian hacking, freedom of the press. what so far has been the major headline? and is there anything in there that could potentially, if not derail his confirmation, then pose a hurdle? at this point katie i think the short answer is we haven t heard anything that stands out as something that s really going to be a sticking, tripping block for jeff sessions on his road to confirmation. now, that said, before we go through a couple of those other issues one thing that we did see some late focus on was senator al franken s line of questioning. what franken did was essentially press jeff sessions on his history fighting for civil rights. so jeff sessions, the trump transition team have worked very hard to highlight areas of his resume when he served as alabama attorney general and in other roles fighting on behalf of civil rights. essentially trying to push back against this narrative that emerged when sessions was denied that federal judgeship over questions about remarks to colleagues that his colleagues said were racist. so that s been their kind of whole way of looking at this. what franken did was try to poke holes in that, asked sessions did you prosecute 20 or 30 cases about desegregation or was it really just a few? that was the one moment when we saw sessions struggle a little bit to answer questions. you heard senator ted cruz just before we started talking here focusing a little bit on that trying to give sessions some points of defense of course if you will, trying to say that yes he did work on those issues. but other than that, katie, i think a lot of the points that democrats have hit on through these hearings we expected. we expected the focus on the violence against women act. we expected the focus on race. of course some of those issues came up under questioning from republicans. lindsey graham pushing senator sessions on that russian hacking question. that was a potentially risky place for sessions to be. he was questioned whether he does believe the fbi s assessments, other things like that. i think atmospherically the protests very much a central point of this and underscore kind of the public pressure around this nomination. but so far i m not hearing anybody say that this hearing means that sessions is any less likely to be confirmed. what will be the democrats strategy going forward? i know we ve seen a number of protests in the hall trying to disrupt this hearing. but this is just the first of many confirmation hearings we are going to be getting this week. what is going to be the general strategy for the democrats? is this just a situation where they are going to be trying to question each nominee as a proxy to donald trump because they can t question him directly? in some cases, yes, that s true. session is particular because of his background on civil rights and because there are so many activists who are really focused on this nomination. and you saw that in the protests here today. i think you are going to see different strategies for other nominees. you are going to see probably an ideological activist focus around people like tom price for health and human services. i think you will see a focus on russia and hacking with rex tillerson for example. i think each one is going to bring up a new set of questions. i think the nominees that republicans and the transition team are most concerned about and ones where democrats see most tune might be flying under the radar. one i want to highlight is the nominee fortressry secretary. he has to turn over his tax returns. there was a lot of money spent and that he made in a lot of ways that the democrats are going to question. the housing crisis for example. republicans don t think he is going to be as polished as rex tillerson might be tomorrow or as jeff sessions has been today. we have seen a number of protests in that room. interesting to point out that that is the same room as we ve seen the watergate hearings. it s where clarence thomas had his hearings. it s also the very first investigation they ever did in that room was 1912, the investigation into the sinking of the titanic. a little the more you know right there. let s turn to our pentagon correspondent who has been monitoring the other hearing that s going on on capitol hill right now. james comey in front of the senate intelligence committee. this is the first time we ve seen the fbi director since the election. hans, talk to me about what we are hearing so far. he is there to testify about russianacking and he was asked very specifically if the fbi investigated any of president-elect donald trump s ties to russia. what was his answer on that? well, his challenge throughout this entire hearing is not to give too much away in terms of sources and methods. but listen to what he had to say actually about the forensics of what they know. our forensics folks would always prefer to get access to the original device or server that s involved. so it s the best evidence. were you given access to do the forensics on those servers? we were not. we were a highly respected private company eventually got access and shared with us what they saw there. katie the main point, main takeaway from this hearing versus last week this senate select committee on intelligence seem much more partisan. we have seen a number of senators block and tackle for the president-elect essentially make his point that they don t necessarily think the hacking influence was dispositive on the election and we ve seen democrats similarly looking to those panelists, looking to the fbi director, dni director clapper that russia clearly meddled and tried to influence the election. last week you had republicans, john mccain saying it was an act of war. this committee seems more partisan less impartial than the one last week. one final piece of information. we are watching both hearings hear. you just saw senator sessions make the point that he does not think that enhanced interrogation, torture, isly. that is a clear departure from the alberto gonzalez point that you can always have some enhanced interrogation. that s a departure from what donald trump said on the campaign trail, that he believes water boarding is not torture and it is an effective form of interrogation. he since tried to walk that back a little or change his stance on it since he found out that james mattis his nominee for defense secretary didn t necessarily believe it. james, one other point. s in the first time we ve seen james comey since the election. 11 days before the election he came out and revuved, if you will, the investigation into hillary clinton s e-mails. are we expecting to hear him address that in any way? are the democrats going the try to get him on record or have they already for how he whether he believes he might have unduly influenced the election with that release? my kptation katie heading into this was that he was clearly going to be grilled on that i have not heard a question on that. i have pete williams to thank for this it s really hard to watch two hearing at once but i have not heard that. pete williams is a better reporter than me. let me offer that. and you don t need a second source on that. williams, better than nicholls. pete williams is great. hans nicholls, you are proven to be great as well. thank you for joining me. joining me now, cornell williams brooks and cedric richmond. mr. brooks, i want to start with you. senator sessions tried vehemently to say he was not a racist, to push back against this caricature of him that was painted in 1996 when he first went in front of the hearings to try to get a federal judgeship but was unsuccessful in that. has he said or done anything today that makes you feel like he has changed or he is somebody that will be a defender of civil rights in this country, a defender of the causes of the naacp. no. i have not heard anything to suggest that he is fit to lead the department of justice. the fact of the matter is we are not our endeavor is not to nor is our burden to prove that he is a racist. but it is our burden as attested to by the record that he is not fit, nor is he inclined to protect american citizens from racial discrimination. so when you look at the record, going back to 1986 where you had federal officials testifying under oath as to racially offensive remarks when you look at those remarks, that behavior, and the conduct, the legislation, the record from then until now we find nothing that assures american citizens that they will be protected by senator sessions as attorney general of the united states. so when it comes to voter suppression we have courts in the fifth circuit and the fourth circuit that have found voter id laws, voter suppressives and racial dim in aer to. in the state of alabama you have a voter id law. in his home statement he said not a mumbling word about that id law and has in fact suppressed support for voter id laws. we have 21 million americans whose right to the franchise is in peril, threatened by voter id laws. he has not made it clear that that would be a prosecutorial priority. so simply mouthing the words voter rights, as you mouth faith in voter fraud, which is a predicate for voter suppression does not offer us any assurance at all that he can lead the department of justice. so what we ve seen today is some deference to senator sessions for his tenure, his time, his collegiality in the senate as opposed to expressing confidence in his constitutional suitability to lead the department of justice. when we look at his record respect to criminal justice reform he stands for mandatory minimums in a country and at a moment when we have 2.3 million americans behind bars, 1 million fathers behind bars, 65 million plus americans with a criminal record and hundreds and hundreds of thousands of activists in the streets across our country who are standing against this era of mass incarceration. we draw no assurance from his record. when it comes to immigration rights, he stood against any and every form of comprehensive immigration reform in this country in the senate. and so if we are going to give him credit for his collegiality in the senate, we also have to give him accountability for his legislative record in the senate. make no mistake. stay with us mr. brook. congressman richmond i want to bring you in. you are part of the congressional black caucus. they held a news conference over the course of the last few weeks and they have been voicing concerns about the session nominations. you yourself will be testifying against senator sessions on bhaft of the cbc tomorrow. what are you planning to say? and how are you planning to convince your fellow congressmen that maybe senator sessions is not the right choice for e.g.? i think that cornell laid out a very good description of the concerns that we have. the position of attorney general is a very serious position. tur top law enforcement officer in the kuchbl you will enforce civil rights. you will enforce voting rights. and senator session s records on voting rights is suspect at best. at worst, he is a participant in disenfranchising people and voting is the roots to the treef democracy. congressman those are the concerns we have. these are two different jobs. his job as a senator is not necessarily the same as his job as if he gets confirmed as an attorney general. in one case he is trying to shape laws and advocating for laws or voting against laws. in another, he is slated to uphold the laws that already exist. are you not confident that he as a professional, he as a lawyer, as a civil servant, will be able to disassociate himself from his own personal viewpoints? and uphold the laws as they stand on the books? well, if you look at his record from when he was attorney general in alabama or you look at his complete body of work, part of the role of the attorney general of the united states is to make sure that policing and justice is done on a fair basis. he has already expressed his concern and his thoughts that consent decrees were intrusive. and if consent decrees are the department of justice s vehicles to make sure that police departments across the country, new orleans, baltimore and others are under cop sent decrees to make sure that justice is done and justice is applied across the board. let s not talk about all the desegregation cases for education that are still out there. there are 30 education cases under consent decree to make sure that children from every zip code will be treated fairly in terms of quality access to a public education. and the attorney general of the united states has a responsibility to ensure those thing. his record, his words, i think demonstrate that he does not have the desire to do it and he wouldn t do it. in those roles of the department of justice are just as important as any of the other roles. congressman richmond, very quickly because i want to get mr. brooks take on this as well. it looks like he will be confirmed. are you going to be able to work with him going forward? well, part of our duties is oversight. and to make sure that the rules and the guidance of not only the deputy of justice but all of the departments are followed. and to that extent, we will never give up our right of oversight and our congressional responsibility to make sure that the department is running in that matter. but we are pushing for criminal justice reform. and senator sessions was an obstacle to criminal justice reform to the extent that he would see the light and all of the data and come along with criminal justice reform we will work with him. but i believe our role is going to be to make sure that the department of justice upholds its oath and it fights against discrimination based on race, religion, gender, sexual orientation, and all of the other things. and i so far us, we are going to be in oversight mode making sure that the department does what it s supposed to do. mr. brooks, quickly, if you can, where does the naacp go from here? where do we go from here? we double down in terms of our opposition. we have to be very clear about this. this is a perilous moment in american history where this nation is deeply divided by race, where the criminal justice system seems to represent injustice for so many people around the country. and so we are very clear, we have to hold senator sessions accountable for his lack of commitment to using consent decrees where we have police departments in ferguson to baltimore to cleveland where consent decrees are a vehicle through which we hold police departments accountable and we bring communities and police together. we have to take this nomination seriously. and it is not a foregone conclusion that he will be confirmed. make it clear. from 1789 until now, the senate has had the responsibility of not engaging in a political coronation, but in fact engaging in a democratic confirmation process in which they assess the fitness of the attorney general nominee to be attorney general. and we are going to make the case until the last possible moment. we will register our concerns. we will register our discontent in terms of our views and opinions, our perspective under the constitution. not only will we articulate them with our mouths but also with our bodies in terms of civil disobedience. be clear, this process continues as we speak, and the naacp opposes this nomination as we see. we will see. one more dave hearings. thank you gentlemen. next up, new reaction from the trump transition about today s confirmation hearings as the president-elect himself prepares to hold his first news conference since his white house win. that is expected to happen tomorrow. stay with us. president-elect of the united states. it s going to be his first news conference in more than 160 days, since mid-july. and it s happening just nine days before his inauguration. as of now, all signs point to it actually happening, too. joining me now from our washington newsroom, peter alexander. let s talk about this news conference before we get to the news conference let s first talk about how the transition team is reacting to senator session s testimony today. it s very clear that he was well prepared for this. are they feeling like he is well representing not only himself but donald trump s presidency? i think before we do this we need to put something that says spin alert on the bottom of the screen. they are not going to say they think he is getting crushed. they are going to say they are satisfied. i spoke with one of the persons who was hyped the scenes in the process of preparing. they say they couldn t be happier with this. they say his performance has been excel.. they say he has been confounding all the car,tures the left wing group has been trying to sell over the last weeks. they insist that the democrats are struggling. the bottom line is another individual close to the transition told us he is presenting himself as compassionate, as level headed and as a constitutional thinker. they recognize that they are on home field advantage right now. it is a more than likely despite all the protest you have seen there that he will have sufficient support because obviously republicans have majority right how. spin alert indeed let s talk about tomorrow s news conference. he is expected to talk about his business dealings and the ways he is going to go forward by handing it over to his children. what else are we expecting to hear from mr. trump? what sort of topics could be covered? there is a myriad of them, right? i think you are exactly right. this is the first time he has held one of these news conferences in more than 160-something days right now. so reporters, you and i and others have obviously been gathering up our questions. there are a variety of top i. the best opportunity we ve had to sort of pin him down on questions related to the intelligence report and other which come in the short he can changes when he comes down from his tower at trur tower on fifth avenue. the golden escalator. i trust will there will be questions about russia, especially the intelligence. has said russia is not the only perpetrator of these types of crimes. he refers to china and others. and others in his team has said too much focus has been put on russia. obviously questions in other places in that region, syria as well. obamacare going to be a significant conversation pooesz piece as well. also foreign to remind the audience last time he had a news conference during the dnc that s when he encouraged the russia to find hillary clinton s memes. those notable. the new york times is saying he is going to be encouraging republicans to immediately repeal obamacare. he is saying that if it takes weeks it will be too long. but he also wants them to have a plan in place to replace it. that doesn t seem like that is likely to happen. is this just him using his bully pulpit to get them to move quickly more quickly than maybe congress normally does? here s the challenge here. here s in part what he said to the new york times. he said we have to get to business. obamacare has been a catastrophic event. the challenge here is that his position is saying there should be an immediate repeal of obamacare. and then within a matter of two to three weeks perhaps a replacement put in place as the fact there is no replacement available right now. the vote on the process begin as early as this week in terms of repeeping right now. you have some republicans who want to see a repeal but they also want to have an immediate replacement. we are concerned in the repeal happens too soon it could take a couple of years to have a replacement. i ve been interviewing some at the freedom caucus and elsewhere, and they have admitted we don t have a plan. we have a lot of plans, paul ryan among others say they need time to develop the replace men plan. it s going to be difficult. let s continue on this track talking about donald trump s urging of congress to repeal obamacare. joining me now is political analyst robert costa. no one better has a direct line into the donald trump transition and to donald trump himself than you do, robert. now talk to me. how frustrated is he potentially going to be seeing that congress does not work as quickly as maybe he would expect them to? or maybe he is used to in his business dealings? quite frustrated. the u.s. congress here at the capitol is by no means like the trump organization. things move at a glacial pace in congress. it is difficult to get rid of the obamacare because of all the different taxes and to make sure the insurance system doesn t collapse. while they want to get rid of the health care law as soon as possible the process could take not only weeks but months. as you are talking you should mention that senator sessions as you can see on our screen is still being grilled, if you will, on capitol hill. his hearing started at 9:30. it has been quite a long time. it is going to go through tomorrow. talk to me about how the transition is preparing not only senator session but the other nominees, if you will, for four cab for cabinet position. they are doing mock hearings. they are trying to get them prepared for a myriad of questions from democrats, trying to find a way to make them as non-controversial as they possibly can be? that s exactly right, katie. senator sessions because he is a member of the club in congress s a member of the senate, he hasn t had as extensive preparations or concerns. of course he has gotten ready for these hearings but he is seen as someone who in spite of his report, quite conservative by all accounts, from both parties, he will be likely confirmed even as there are some protests from democrats. other nominees on the agenda, such as rex tillerson, the oil executive, former head of exxonmobil they are getting much more training. tillerson has been media savvy during his career. he has a large public profile as a major executive at a global corporation but it s different here at this stage. tomorrow we have donald trump s press conference. we also have news that jared kushner is going to be a senior adviser, that s his daughter ivanka s husband. a ton of news coming out of the trump transition. there will continue to be i suspect in the days to come. stay with user, robert costa joining us from the hill. next, president obama s last address to the nation in just hours before donald trump becomes america s 45th commander in chief. this is humira. this is humira helping to relieve my pain and protect my joints from further damage. this is humira helping me go further. humira works for many adults. it targets and helps to block a specific source of inflammation that contributes to ra symptoms. humira has been clinically studied for over 18 years. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers, including lymphoma, have happened, as have blood, liver and nervous system problems, serious allergic reactions, and new or worsening heart failure. before treatment, get tested for tb. tell your doctor if you ve been to areas where certain fungal infections are common, and if you ve had tb, hepatitis b, are prone to infections, or have flu-like symptoms or sores. don t start humira if you have an infection. ready for a new chapter? talk to your rheumatologist. this is humira at work. confirmations of an attorney general in modern times. because usually you have got a president with long public service experience. you know where he stands on voting rights, civil rights, criminal justice. not donald trump. nor has he ever dealt with an attorney general before. so what you have seen is these senators trying to get sessions essentially to agree to certain precedents serving a president who delights in breaking traditions and precedents so they will have some assurance on what is going to happen. let s talk about president obama. he gives his final address tonight. going back home to chicago essentially trying to recapture a lib of that grant park feeling he had back in 2008 when he accepted the presidency. talk to me about what you expect to hear from him. and where will this rank in terms of presidential farewells? i think what we will hear is some prompting to people like me, historians, what we should think and write about barack obama in the future. we had farewell addresses from truman and eisenhower and reagan. these were all people along the years. barack obama presumably has decades ahead in his career. presumably we ll hear him say this is what i think i have done and this is why it s relevant to the country in the future. we should also note that the hearing with fbi director james comey has now ended. stay here on mbz to watch complete coverage of president obama s final address. also complete coverage of all of the hearing news we re coming out of today. ahead of the president s speech you can watch all of these different shows on mbz and nbc. and lester holt of nbc nightly news with sit down with president obama exclusively. you can watch that conversation friday night on nbc. check your local listings. that does it for this hour of mbz live. kate snow picks thiks up right now. we have a lot to cover this
we will hear from the girl and her mom this morning at 7:20 eastern. eric holder is making new announcements. is he adding fuel to the fire? log on for his debate. fox & friends starts now. bye. good morning. it is tuesday, december 2. i m elisabeth hasselbeck. it was a meeting of the protesting minds. president obama holding discussions on the ferguson fallout at the white house all while launching a plan to retrain cops on the taxpayers dime. that s you. is this really the answer? we report, you decide. why is al sharpton there? meanwhile the president threatens to shut down the federal government if republicans the bad guys do not fund his amnesty action. but how much will that cost us? we re crunching the numbers straight ahead. moses an inspirational icon in nearly every major faith but hollywood actor christian bale wonders if he was more like a terrorist. and if we should send in the drones. mornings are better with friends. hi everybody. i m huey lewis. stand by for the news. it s funny. he always laughs in the same spot there. it s amazing. yesterday i had no idea it s only four blocks from our house here at 48th and 6th. but u2 without bono was down the block. how come no one said anything? you didn t try to get into the show? it was a wide open show. bruce springsteen played the role of bono. number-one fan. i heard about it earlier. you knew? in addition to that gee began particular meeting of the minds in addition to that gigantic meeting of the minds musically, at the white house the president of the united states said i m going to do something about ferguson. so he did yesterday. he had a meeting. he called in clear why he called in clergy and cops and talked about what happened in the wake. the president did not offer an opinion, however, on the grand jury decision, which many in his party do not like, but instead he came up with a plan to keep it from happening again, he hopes. it is a four-point plan we can outline here for you. 50,000 police body cameras will be instituted here. it s going to be reviewed and implemented. the white house report a police militarization executive order on military-style equipment acquisition. we have military equipment. the military says why don t we give it to some of the police forces in some of the bigger cities in case they need t. for example, there is a nonstop terror attack and terror alert in our country. you might like some of this military equipment. should some of these dirty bombs go off or should there be widespread root rioting. the president said we ve got to address the problem. i would love to see someone say something positive about law enforcement. law enforcement is being thrown in the street as if everybody is bad and they all need to be massively retrained. they get more training for their job than 99% of americans get for our jobs. is any of the money being invested really by the taxpayers, is any of that going to be pointed to abiding by the law and maybe improving relations from both ends. it seems a little one-sided at one point when you look at that outline. president obama says he s deeply invested in this problem. a solvable problem but is one that unfortunately spikes after one event, and then fades into the background until something else happens. what i try to describe to people is why this time will be different. and part of the reason this time will be different is because the president of the united states is deeply invested in making sure that this time is different. that s great that he is deeply invested in it. i think we all are. the new york post this morning on their op-ed page has this editorial. it says in part, if the president wants a solution that will save lives, tell people not to resist arrest or assault. they want 50,000 body cameras. that s a good idea. i think it is a great idea. i don t see much push-back on law enforcement either. to spend $260 million on retraining. how many police forces out there are so bad they need to be retrained? that is an interesting point. that does infer that the training they have had is not enough? that says the cops out there don t know what they re doing. of course if you listen to al sharpton over on msnbc, he pretty much sounds like that all the time. there he is extraordinarily in the eisenhower office building sitting opposite the president of the united states. it is extraordinary that this guy who does host a show offense at msnbc was invited. but the lieutenant governor of the great state of missouri, peter kinder said this regarding reverend al. i cannot imagine any previous american president of either party welcoming an inciter of mobs like reverend sharpton into the white house, into his inner councils for sober advice. you re not going to get it from him. that may true especially people in new york. the one thing is he does pack the place. he goes into a congregation on sunday. the church is mobbed and he is considered by many a leader in the african-american community. but is he considered a peacemaker? he s a race baiter. you look at his history. you look atty what look at tijuana brawlly. you look at the fact that he owes millions on his taxes. how do you get away with that? i get a letter every week to pay $72. how do you get away with saying the fight is not over when you re in the white house, on the back of the president saying we should have peace on this. this doesn t seem to make sense. you either want someone who is going to help you maintain the peace or you don t. but the person in the oval office was al sharpton. a little concern by the lieutenant governor. al sharpton said this. we live in a country where we must support law enforcement but law enforcement must support justice. reverend al the grand jury did not indict officer wilson. if you re going to support justice you ve got to support that. one of the great sports personalities out there, he speaks his mind a lot of times controversially. you tell me if you think this is controversial or right on the mark. i m talking about charles barkley yesterday. we have to be really careful with the cops man. if it wasn t for the cops we d be living in the wild, wild west in our neighborhoods. i think we can t pick out certain incidents that don t go our way and act like the cops are all bad. you know how bad some of these neighborhoods would be if it wasn t for the cops? there s no excuse for those people to be out there burning down people s business, burning up police cars. and stopping traffic and blocking bridges when you ve got to get to work. listen. governor christie, whether he knew everything or nothing about what s happened on the george washington bridge he was vilified for his administration. people were fired for blocking one bridge on one day. every city in this country that is a major city in this country has been somehow diverted because of so-called peaceful and not so peaceful protests. don t stop us from getting to work or getting home and say i have a cause. you can hear from charles barkley which, where s the action for citizens to maybe perhaps get in line with what the police officers are trying to do in terms of keeping things civil? where s the training and budget for that? is it in there? we re all looking for it. is it a race thing or is it a crime thing? imagine if the police protested and didn t show up? what charles barkley is saying it would be utter chaos. if you re upset the rams came out and showed how they are supporting michael brown in ferguson? are you supportive of charles barkley speaking out like he did yesterday on the radio? do you want your sports stars to speak out about the news? weigh in, we ll be hopping on-line. we can t wait to read those. the cost of amnesty. president obama saying he s willing to shut down the government if republicans won t pass funding for his immigration policy. doug luzader is live in washington in the bureau with a breakdown on how much that is going to cost us. good morning. we re talking about the cost of legalizing these folks. we know illegal immigration brings with it huge costs of its own from enforcement to health care to actual tax evasion. that s the point the white house likes to jump on, as well as immigration activists saying if you legalize these folks all of a sudden they will be working above the table and that will help with u.s. tax receipts. we see that, a total of about $350 billion of economic activity would basically be taken out of the shadows and be essentially legalized. in terms of wage increases, we re anticipating about $12 billion a year. so will it be a net gain for the economy? the folks at the migration policy institute crunched some of the stats as far as who these individuals are. half have less than had a high school diploma. half do not speak english well or at all. 35% are unemployed or not part of the labor force. the illegal population overall has on average about a tenth grade education and earnings wise are probably going to be well below average. that s why most likely just as anybody with an average tenth grade education will probably not be a high earner and will end up paying less taxes than they receive in government services and benefits. one of the issues has to do with what s called the earned-income tax credit. that s for relatively low-income individuals. many of these illegal immigrants would qualify for the earned-income tax credit which means when they file their taxes at the end of the year, instead of sending money to the government, they get money back which is obviously a net drain on the treasury. steve, brian, and elisabeth back to you guys. in many cases it can be thousands of dollars per family. ainsley earhardt with her huge salary is with us today. you have a lot to bring us. let me start with this headline. the suspected serial killer wanted for murdering four people in west virginia is dead. police found 39-year-old jody hunt in his truck in the woods. they say he turned the gun on himself after an hours-long manhunt that supporters want students in north dakota to pass a citizenship test before they graduate high school. back to you guys. as long as we don t have to take a test. i think you d do okay, steve. i hope we all would. coming up on this tuesday morning, attorney general eric holder making bold guarantees on the heels of ferguson, missouri. this will institute rigorous new standards and robust safeguards to help end racial profiling once and for all. but what did the death of michael brown have to do with racial profiling? we re going to talk about that. no dolls or trucks for christmas? the new idea called no gender december attacking the toys right under your tree. how dare you. when you take advil you get relief right at the site of pain. wherever it is. advil stops pain right where it starts. relief doesn t get any better than this. advil. in the coming days i will announce updated justice department guidance regarding profiling by federal law enforcement. this, this will institute rigorous new standards and robust safeguards to help end racial profiling once and for all. that was attorney general eric holder yesterday in atlanta discussing racial profiling in the wake of the fallout in ferguson, missouri. this as the president announces a taxpayer-funded plan to retrain police officers across the country, and reverend al sharpton urges a continued fight for justice. is this really making matters better or maybe worse? joining us is milwaukee s county sherrif david clarke. good morning to you, sherrif. good morning, sir. how are you doing? doing fine. thanks very much. why the sudden push by the white house to do something about ferguson? what is the white house doing here? it s all theatrics. the white house understands the optics of this situation and so they create this flurry of activity and people mistake activity for accomplishment. i will resist any attempt by eric holder and the president of the united states, with all due respect, to try to run my office here at the local level. policing is a local issue. we do not need federal involvement. all they re trying to do is create this situation where the neighborhoods at the local level that need policing the most will get it the least because it will cause people to back off when they really should be aggressive in terms of taking care of business. i think it s a shame that the attorney general paints this broad brush of law enforcement officers all across the united states of america. the cops at the street level and i love street cops they don t have a voice e right now. i think it s time to push back. i think every chief and sherrif in the united states of america and all these organizations like the national sherrifs, major county sherrifs, major county chiefs should begin to push back at any attempt of the federal government to run local law enforcement agency. absolutely. chief, let me ask you this. so many are trying to make this about race. is this a race thing or a law enforcement, a crime thing? i don t know that it s either of those two. i don t look at it as an either-or proposition. the president held some summit at the white house yesterday and invited, he said law enforcement and other people. i wish he would have invited me because i would have looked at him and i would have pushed aside the thee i can t theatrics and say mr. president our people in milwaukee can t find meaningful work. you spent $1 trillion on a package you said would create jobs. where are the jobs? why do our kids in these urban centers have to attend failing public schools where they are shackled to a life of crime and violence? these kids will not reach their potential. we need better schools for our kids. those are the issues. the creation of the welfare state has not helped this thing. it s created a growing underclass and we saw the behaviors of the underclass on display last week. i would say why don t you issue an executive order and have it audit programs that have made it worse because they keep people addicted to handouts. that is what is wrong in these ghettos. it is not the police spoivment you got you got it right. sherrif, always a pleasure. thank you for your straight talk. more in a minute. memorabilia including scripts, props and war droap. wardrobe. ask people who moses is and they will probably say he parted the red sea. but ask actor christian bale who plays him in the movie exodus, he has a different answer when asked that. absolutely seen as a freedom fighter. hebrews but terrorist in terms of the egyptian empire. what would happen to moses if he arrived today? drones would be sent out after him. here to weigh in is fox news religion contributor father jonathan morris. interesting take. moses a terrorist? i think he said in relationship to the egyptian empire and the egyptians were holding the hebrews as slays. slaves. in today s terms? then the drone thing, it makes it sound like the big bad guys are the ones who use drones. of course that would be the u.s. and the west against terrorism. i don t like the comparison. put it that way. do you believe that is fair to what moses did? no. he certainly wasn t thinking about drones. he was a freedom fighter, no doubt. but a freedom fighter called by god to go up against an empire that was keeping the hebrew people enslaved. i guess when you hear the word terrorist now. because you re saying drones. you re looking in the past, not looking at now. it doesn t seem to people he was alluding to how they would have seen him then. he was describing modern terms. he also referred to moses as a schizophrenic. when you go back to the director, he talked about religion being the greatest source of evil. this is a few years ago. but religion being the greatest source of evil now. i don t think they re going after religion here and i think there is a lot that could be gotten out of this movie. i love the fact we re going back and doing epic biblical films. think of noah was there some good in that? yes. could it have been great? yes. was it? no. what was missing? the spirit of faith. i think there s three elements of a great religious film. one is great art. great art, great acting and then, third, a perspective of faith. the bible s not just a history book. it s not a history book. there s history in it, but it is a book of faith. when you get those three elements you re going to have an epic film. let me ask you about the film you re consulting on, a.d. does that contain those three elements? it absolutely does. otherwise i wouldn t be involved in it. the fact that they brought me in to be a part of it means they re trying to get it right from that perspective. i think a lot of organizations and directors could learn from that and say we re going to make this right. we re going to make epic films that have religious elements. give me a couple of words to describe moses, in your opinion? first of all, he was a humble man who listened to god and u the big things god was calling him to. he had a speech problem and he had to speak to the farrow. what am i supposed to tell him? i ll tell you when you get there. what kind of faith is that? dr. jonathan morris, always good to have you. thank you. this coming up, sorry? not sorry? the st. louis police say the rams apologized during this protest but the team is telling a dinner story. what is going on there? we re going to look into it. this boy scout is more than prepared. he went above and beyond to earn all 135 merit badges. he joins us live to talk about that rare feat next. good morning. first we re going to wish happy birthday to green bay packers quarterback aaron rodgers. he is 31 years old today. i m angela, and i quit smoking with chantix. people who know me, they say i never thought you would quit. but chantix helped me do it. along with support, chantix (varenicline) is proven to help people quit smoking. it gave me the power to overcome the urge to smoke. some people had changes in behavior, thinking or mood, hostility, agitation, depressed mood and suicidal thoughts or actions while taking or after stopping chantix. some people had seizures while taking chantix. if you have any of these, stop chantix and call your doctor right away. tell your doctor about any history of mental health problems, which could get worse while taking chantix or history of seizures. don take chantix if you ve had a serious allergic or skin reaction to it. if you develop these, stop chantix and see your doctor right away as some can be life-threatening. tell your doctor if you have a history of heart or blood vessel problems, or if you develop new or worse symptoms. get medical help right away if you have symptoms of a heart attack or stroke. decrease alcohol use while taking chantix. use caution when driving or operating machinery. common side effects include nausea, trouble sleeping and unusual dreams. i m a non-smoker, that feels amazing. ask your doctor if chantix is right for you. children and adolescents in particular may be at an increased risk of seizures, confusion or abnormal behavior. the most common side effects are mild to moderate nausea and vomiting. so don t wait. attack the flu virus at its source. ask your doctor about tamiflu. prescription for flu. the white house christmas tree arrived this weekend. it is a 19 foot tall white fir from pennsylvania and first lady michelle obama was the first person to come out and take a look. watch. this is a big one. are they sure they can get this in the door? the secret service started laughing and said this is the white house. anything can get through the door. do they just throw the tree offense the do they just throw the tree over the fence. they re thinking about bending the fence out and having gymnasts try to get over the fence. set personal records. to have people try to hop in and see if they can stop them. why not? inch by inch. got to do some dry runs. we re going to run right now over to ainsley. let me tell you what s in the headlines this morning. thank you, elisabeth. a reward for any information about missing college student shane montgomery now raised to $25,000. but this morning still no sign of him. montgomery disappeared after leaving a bar in philadelphia on thanksgiving eve. that irish pub now kicking in $10,000 for any information. bar owners say montgomery was respectful when he was asked to leave after bumping into the d.j. table adding he was not acting drunk. is it an apology or is it not? st. louis county police and st. louis rams are now at odds over whether the team officially apologized for this hands up, don t shoot gesture. st. louis county police chief claimed the rams c.o.o. kevin demoff apologized for his players but demoff denies that: the police officers association called the gesture profoundly disappointing. a new campaign wants to make sure no little boys see these toys under the christmas tree this year. g.i. joe no gender december calling for a ban on toy favorites like g.i. joe for boys and barbies for girls. the movement calls on toy companies to be more inclusive asking supporters to only buy gender neutral toys this christmas. what is gender neutral in their opinion? one of last year s bestsellers, an eazy bake oven. here s a weather report that literally goes to the dogs. hey, king, how are you? live tv. how are you buddy? it s not your turn yet. you have to wait one more segment. that could on youtube later. miami weatherman ryan phillips getting interrupted by king the bulldog. king was supposed to be the on the show later in the segment called pet of the week but clearly king could not wait to become a celebrity. those are your headlines. is that a pit bull? it looked like it. he wants to come up and we said bulldog but it looked more like a pit bull. and that didn t look like an e-z bake oven. it looked more like a radio. let s see how we do with the weather. maria molina joins us from the streets of new york city where currently outside it s 38 degrees. it s a chilly morning. hello, everyone. speaking of a chilly morning, we expect a bit of a wintry mix across portions of the northeast. look at this system moving through. we have early this morning areas of snow and a wintry mix across portions of the mid-atlantic. later today into tonight we re going to see a more widespread wintry mix and even more snow from areas of new england spreading down to virginia and portions of ohio. accumulations are going to be very light so not a huge concern but it will be an issue on the roadways. farther west in california the story is the ongoing drought, extreme drought conditions in place still but we re getting much-needed rain in places like san francisco and also los angeles. temperature-wise much colder across the northeast. look at caribou, maine action highs in the teens. 40 degrees in new york city, a cool-down compared to yesterday. we were looking at temperatures into the 50 s. in texas also on the chilly side. highs there only in the 40 s and 50 s. let s head back inside. maria, thank you very much. brian, that is an e-z bake oven. meanwhile from american business to wood working, one 14-year-old in the washington, d.c. area has taken to heart the boy scott boy scout motto of be prepared as he achieved a rare feat. he earned every merit badge there is, all 135 of them. that boy scout josh mc coy joins us now. it is an honor to have you here. congratulations. thank you. what was your final patch and what was the most difficult one to get? the last merit badge that i earned was bugling merit badge. the one that was most difficult is a close tie between serving and bugling. you wouldn t happen to have a bugle there with you this morning, would you, because it is almost sunup in washington. yeah, i do. okay. let s hear something. as if we haven t already worked this out. what are you going to play? i m going to play taps. okay. [playing taps on bugle] very nice. i think he just woke up fred fare. impressive. it took you two years to learn all the songs, 15 songs to get that badge. well done. josh, why does it mean so much to you to get all these merit badges? a lot of people say it s enough just to be an eagle scout. i would say it means a lot to me to earn every single merit badge because, first of all, i hadn t chosen a career that i wanted to do before i joined scouting. second of all it was a lot of fun for me. that s great. what is the career you chose? i ve now chosen, i want to go into engineering. congratulations. that s terrific. while that will be a great business for you when you grow up and a great vocation, let me ask you this. the fact that you went after all 135 of the merit badges and i know your brother zach has 102 doesn t this have something to do with your father and the number of badges your dad got when he was your age? yes, it does. my dad got 82 merit badges. i m just an overall competitive person, so i wanted to beat him. by the time i had gotten to 83, there were just tons more merit badges that were fun left to do. and i just wanted to keep going. what did he say to you when you got your last? he said congratulations, and the deal was that if i beat him in merit badges, he would pay for me to do my scuba diving. congratulations. always cutting a deal. we know what you ll be doing next now, josh. i m going scuba diving with some of the people in my troop. is there a scuba merit badge? yes. i earned it. of course you did. all right. you have a badge for getting up early with fox & friends here, josh. congratulations. wish your brother well as well. he s right behind you. just for the record, it s an emotional badge. what is your troop number? i m from troop 1145 out of prince of peace lutheran church in springfield, virginia. thank you. well done. he s going to be a great engineer? sure is. a police chase starts with a car and ends with a skateboard. you ve got to see how this one ends. businesses supporting obamacare now being sued by the feds for complying with obamacare. how does that work? judge napolitano is here next. he says you can t make it up. i read his lips. i have $40, $21. could something that small make an impact on something as big as your retirement? i don t think so. well if you start putting that towards your retirement every week and let it grow over time, for twenty to thirty years, that retirement challenge might not seem so big after all. two words: it heals.e different? how? with heat. unlike creams and rubs that mask the pain, thermacare has patented heat cells that penetrate deep to increase circulation and accelerate healing. let s review: heat, plus relief, plus healing, equals thermacare. the proof that it heals is you. once there was a girl who even in her laundry room. with downy unstopables for long-lasting scent. and infusions for softness. she created her own mix, match, magic. downy, wash in the wow. with contour detect technology that flexes in 8 directions for the perfect shave at any angle. go to philips.com/new for savings on shavers and trimmers. innovation and you. philips norelco. got some quick headlines for you and then the judge. first up, a wild police chase near los angeles. a man driving a stolen bmw slams into a car stopped in traffic and then jumped out with his skateboard. he tried to make a quick get-away, rolled for about half a block, but a driver in a red pickup there s the video, there s the guy on the skateboard. police taking the suspect into custody eventually right about there. nobody was hurt. but he made our highlight reel. the most excellent airline for 2015 is somewhere near middle earth. air new zealand was named the top airline for its reputation as a trend setter and in-flight renovation. they are also responsible for bringing the cast of lord of the rings into the country for filming. that s some of the news. once big supporters of obamacare some of america s leading c.e.o. s threatening to turn against the law. corporations offering wellness workplace programs are now being sued for complying. a government agency claiming the incentives violate americans disabilities act. what legal recourse do businesses have against the affordable care act? we re going to ask fox news senior judicial analyst and author of a new book suicide pact judge andrew napolitano. thank you for being here. this is the mark of a government out of control when it writes laws that are so inconsistent with each other that in order to follow one law, you have to disobey the other. and the government enforces both, so you really are in a conundrum. what do you mean by that? if you re the owner of a corporation of 50 or more employees, you re required to encourage wellness among employees for chronic ailments like depression, hypertension, obesity. yes? but if you ask them if they are depressed, hypertension or obese, you violate the americans with disabilities act. if you follow obamacare by trying to find out if your employees need long-term assistance for chronic ailments the government will sue you for violating the americans with disabilities act. what kind of a government writes laws unless it didn t read the law before it became the law that are so inconsistent with each other and enforces them in such a manner that by obeying one you violate the other? this government and this obama administration. it puts the corporations in a position that s impossible. that s the interesting political part about this. a lot of corporate c.e.o. s went along with obamacare because they they wanted to go along to get along. a lot of insurance companies loved it. guess what? they re find out they hate it in large measure because of this particular conundrum. did the obama administration have to sue these corporations for asking their employees if they need some help with long-term health care? of course not. this was a discretionary act on the part of the obama administration. it s insane in the manner in which these laws are being enforced. how many times have we talked about selective enforcement on a myriad of issues? this government is excellent at it. let s talk about your brand-new book. it s called suicide pact. what s it about? it s not about suicide. it argues when the president takes a law into his own hands and the congress lets him, that is a suicide pact. suicide for our liberties. i didn t write this at the time president obama decided to change the immigration laws. obviously this book was written before that. but it s helping me to sell the book, because his presidency is an example of a president stealing power from congress, rewriting the laws, declaring war, doing it on his own and the congress letting him get away with it. relations with cuba could be next on deck as well as e.p.a. regulations, bypassing congress. hasn t this always been the case? haven t we always had an executive pushing against congress and vice versa? yes. in each presidency it s worse. the first half of this book is a history of presidential law breaking and lawmaking from george washington to bill clinton. the second half of this book looks at every executive order that we could get our hands on from george w. bush and barack obama post-9/11, all the things they did, both parties, both presidents exceeding their power under the constitution. but president obama has taken this to an entirely new level. in the book and this is the exit question, so you don t have to answer it in toto, just so we can help you sell a book, but who is the most lawless of our presidents? the present one. really? yes. to brian s argument, that may always be the case because they each rely on the behavior of their predecessors to justify legally and explain morally what they re trying to get away with. but within the pages of suicide packet the president present, barack obama, more than anybody else claimed he can kill americans without any due process. no president ever claimed that. check out the new book. it s called suicide pact. it s available everywhere. thank you. coming up straight ahead, is disney letting go of god? the disney website is under fire this morning for blocking a little girl s post saying she s thankful for god. i don t know if we can let that go. and it can happen any time you re out alone. an attack out of nowhere. we have one tough cop who just thwarted his own mugging with the skills mugging with the skills that could save your will that be all, sir? and often even more. it s reliable. just like kung pao fish. thank you, ping. reliably fast internet starts at $89.95 a month. comcast business. built for business. show them who is boss. here to show us how to protect yourself, former nypd detective and fox news contributor. welcome. i cannot believe a block away after you said good-bye to sean and geraldo, you ended up in trouble. it wasn t really trouble. i waited for sean to get in his car. then i start walking down the block, right here, 47th street. there was a big demonstration that night, if you remember down by times square. they were demonstrating on the shooting of st. louis, ferguson. so as i m walking down, my car was on 48th street. i had to go to 6th avenue, come around. i m walking. all of a sudden i saw these young guys milling around. i didn t think nothing of it. of course, they had hoodies on. so i still didn t think i limp because i broke my leg in my ankle. i limp a little late at night. i have a suit on. next thing is i walk in there, the one guy comes around front of me, he was tall, about 6 2. he came in my face and goes, where are you going? at that time i felt i knew what was coming down. remember, i was a decoy. i got mugged 500 times. on purpose. yeah, i had been stabbed, shot at. i felt it coming down. my initial reaction was how did i let them get so close to me and he was going to punch me. i looked in his eye and next thing was a shot in my face. moldly i put my hat under my jacket, i carry a gun legally. and i said to him, if you don t get out of my face, i m going to pop a cap. i used some vulgar language. but it was a street language where it s understood exactly what i meant. they knew i was armed. and they didn t want to do anything with it. how do we you re a tough guy, been through this before. but for many us, we have not had that happen before. you have basic hints that we could have if we re not armed. first, trust your instinct. right. if you re walk down the street, you feel like something is not right, cross the street. if you see someone standing there, be aware of your surroundings. don t be texting. that s the most important thing for people to be aware of their surroundings. also if you are confronted by someone, look right in their eye. let them know, i m not going down easy. so if you re going to rob me, you re going to have a problem. but most important thing is be aware of your surroundings. with christmas coming up with all the ferguson cash, all that, don t worry about that. worry about your surroundings. and don t walk into something if you uncomfortable, you re 100% right, it s not right. this is men and women. oh, yeah. if you have kids with you? yeah. this woman i saw on the news, she had a baby and they knocked it down and knocked her cell forelast night. the big thing is around christmas is the fact that be aware of your surroundings. when you shop and be aware of your pocketbook, your wallet sitting this, your cell phone. don t be not aware and then you won t become a victim. you got to drop geraldo and sean. they re nothing but trouble. let me tell you something, honestly, i m just glad it worked out the way it did. so are we. thank god you re okay to tell bus this story. when we come back, the latest on the ferguson protests.fer, don t go away. let it go let it go can t hold it back anymore a whole new world of censorship from the family friendly company. we re going to tell you about that as we re freezing here in new york city. freezing, frozen, get it? it s tuesday, you re watching fox & friends. this is sherry shepherd and you re watching fox & friends with my best pal, elisabeth hasselbeck. and those two other guys. that hurts our feelings. i thought she was nice. she doesn t mean it. you sure? she loves you guys. joining us to apologize, sherry shepherd, go ahead. nothing? i know she s actually watching. she watches in the morning. all right. let s talk about the news of the day. yesterday the president of the united states, so many people were saying, mr. president, you got to do something about ferguson. well, he did. he had a meeting there at the executive office building, the eisenhower building. he brought together clergy, as you can see there, police officer next to him, politician talking about the simmering tensions. what can the president do? well, you know what? he s got a four-point plan. it s $263 million in actual program push here for 50,000 police body cameras, a task force on police practices, white house report on police militarization executive order on military style equipment acquisitions. those are four prongs of the plan, which is costly for the taxpayer. 263 million. i feel like law enforcement had a very bad day yesterday because people were talking about all the changes that need to be done to their jobs to the way they go about it, the way they re even trained. the attorney general, while the president is having this meeting on how to make law enforcement better or modernized, he had the attorney general in atlanta pretty much convicting the cops of ferguson, saying that of course it was racial profiling that got this whole thing started on the wrong foot. listen to him. in the coming days, i will announce updated justice department guidance regarding profiling by federal law enforcement. this will institute rigorous new standards and robust safeguards to help end racial profiling once and for all. this is about racial profiling? keep in mind, that was never decide that had the case with officer wilson involved racial proceed filing, not once. it absolutely was not. just about an hour ago issues we had on this program milwaukee s sheriff, david clark. we asked him why the white house was doing this particular event and other things across the country and he was very clear. he said simply it is theatrics. they re just doing this right now to make it seem like they re doing something when, in fact, he sees what s going on in this country as an assault on police officers and sheriff clark is very clear, every police officer in the country should stand up now and be heard. here he is. policing is a local issue. we do not need federal involvement. all they re trying to do is create this situation where the neighborhoods at the local level that need policing the most will get it the least because it will cause people to back off when they really should be aggressive. it s a shame that the attorney general paints this broad brush of law enforcement officers all across the united states of america. the cops at the street level, and i love street cops, they don t have a voice right now. and i think it s time to push back. the black caucus weighed in yesterday, as well as marshal faulk, said everything has to change the think how bad everything is. on a if i m a street cop, making very little money, i know my life is on the line every day in the smallest and biggest city, i m saying, do i really need this job? if i m not going to get support from the highest level or from my police officers or from my sheriff who feels pressure from above, i don t know if it s worth the risk. think about it, with sheriff clark, he said it s theatric, that s why they re doing it now. i asked if it was a race thing or is it a crime thing, because michael brown roughed up the cop and assault and other things as well. he said it s not that simple. he said, you got to look at the bigger problem. the problems are in the black community, unemployment. you got to look at education. you got to look at opportunity as well. those are the things the president should be worried about. the trap of government handouts is something he noted. school system, which has them handcuffed to poverty. interesting to note that entire interview was excellent. it s beençó two weeks since n election, let s talk about the next one. 2016. senator rob portman says don t ask me to be president. and you have rand paul saying i m going to be a senator and probably running for president. the bigger news happened yesterday where jeb bush spoke. that s right. this is what he said about what it would take to have a republican leader step up. i m thinking about running for president and i ll make up my mind in short order. not that far out into the future. i don t know the exact timeline. it s the same decision making process that i ve always had. i don t know if i d be a good candidate or bad one. i know kind of know how republican can win, whether it s me or somebody else and it has to be much more uplifting, much more positive, much more willing to be practical. he s essentially laid out his blueprint, if he were to decide in short order. among his priorities, overhauling education, immigration, and the tax code. he also had some tough love for the incoming republican congress. he said stop trying to make a point. last year remember famously they are blamed for shutting down the government. he said, forge compromises. pass legislation and stop trying to repeal the affordable care act. instead come up with some alternatives when it comes to health care. that s right. let us know what you think about jeb 2016. we ll read it here. facebook, twitter. you can t argue with his resume for sure. ainsley, you have the latest news. i saw you working there. i do. let me tell you what you missed if you were sleeping. a suspected serial killer wanted for murdering four people in west virginia is dead. police found 39-year-old jody hunt in his truck in the woods. they said he turned the gun on himself after an hour s long manhunt that forced the lockdown of several schools in that area. friends identifying one of his victims as this lady. this is an ex-girlfriend of his who filed a domestic violence case against the suspect just last month. before his deadly rampage, he wrote this chilling facebook post. you will not hurt me anymore. you will not destroy my stolen heart as you tried so hard to do. a fox news alert now. the wife of the son of the isis leader being questioned in lebanon. two senior officials saying they captured them more than a week ago using fake i.d. cards. officials saying the woman believed to be one of the wives of isis leader al bagdadi. he was believed to be critically injured during an air attack back on november 8. but just days after, a new audio tape of him surfaced, calling for an increase in lone wolf attacks. there could be an immigration showdown in washington today as homeland security secretary jay johnson testifies before congress about the impact of amnesty on border security. president obama s new policies let 5 million illegal immigrants stay in our country. johnson argues removing illegals is not a priority. he calls the president s action common sense, by intense criticism from a band of republicans. even though injuries from a bike accident kept bono from performing on world aids day, he had some pretty good understudy ies. bruce springstein himself turning out for the free concert in new york city, performing with youtube. chris martin also filling in. he springstein and martin saved the event from being canceled after his injury. those are your headlines. bruce springstein for bono does not do it for me. he s still good. it was nice to stand in. best concert, u2, if you have a chance to go. great call. thanks for all that. ten minutes after the top of the hour. we told you the white house wants more spending to retrain police in the wake of the ferguson tragedy. is that really the answer? philadelphia mayor michael nutter who was in the room with the president yesterday joins us next. and government employees getting paid hundreds of thousands of your taxpayer dollars not to work. how does that make you feel? let me throw something across the room. hearing young people feeling marginalized and distrustful even after they ve done everything right. that s not who we are. and i don t think that s who the overwhelming majority of americans want us to be. president obama meeting with civil rights leaders at the white house following last week s fallout in ferguson. the president asking for $263 million to retrain police officers and fix what he calls a mistrust between law enforcement and the public. is more money, though, really the answer? joining us now, philadelphia mayor michael nutter, who attend yesterday s meeting with the president. mr. mayor, we thank you for joining us here. good morning. we continue to hear that the community feels marginalized, that there is a mistrust when it comes to the police. but what do you have to say as the mayor, to your law enforcement officials who feel marginalized and attacked by the efforts in the past week to really retrain their thinking and what is deemed as an attack on the black population? well, first and foremost, i have an incredible level of respect and appreciation and show support for the philadelphia police officers here in our city. these men and women risk their lives each and every day to make sure the rest us are safe. crime has been going down consistently in philadelphia during the seven years almost that i ve been in office. they have a tough and dangerous job. at the same time, we all work for the citizens here and the taxpayers. so treating people with dignity and respect has to be a part of their job and awful us as public servants. so at times there can be a disconnect. in communities, in any city, including our city, between how residents feel about the service that they get, how they are treated in their own community, and if that gap in trust grows, then you have a dangerous situation. citizens need the police. they re going to quality police. but at the same time mr. mayor, you used the term disconnect. is it a misperception that you think law enforcement has a different set of rules for the african-american community or minority community as opposed to the white community or is it the reality, in your mind? i think all of us come to our station in life with things that we ve grown up with, things we have in our mind, things that we see, things that we ve experienced, things we see, no disrespect to any of you, in the broader sense of media and movies and all kind of things, are going through our heads at any particular moment. so if you feel i mean, as i said yesterday across the table from president obama, why is it that black men in particular feel afraid when they are driving their car, maybe not doing anything issues but hear sirens go off behind them? there is a constant struggle of what is going to happen next. so whether it s real or it s a perception, it s the reality for that person and awful us have to deal with that. people don t want to feel that way. they want to call 911, know they re going to get good service and they want to see an officer walking down the street, or a car next to them and not have their heart start to racing because they don t know what s going to happen next. we have to deal with that as americans and come to grips with it. acknowledge that it s a problem and then take action. problem of feeling and perception what i m hearing, mr. mayor, right? 2012, 326 white i think for some in their own communities, it is the reality. they know someone who has possibly been abused. they know someone who may have been shot. sure. and so it s not just a feeling and a perception. for some people, whether in philly or halfway across the country, it is their own reality. mr. mayor, the president laid out the four-point plan, spend all that money on retraining. one of the new york papers wrote if the president wants a solution that will save lives, tell people not to resist arrest or assault police. well, i didn t see that particular piece. that s nicely written. but doesn t that make a great point? is there something to that? it s one point. but it s also about how officers interact with citizens. everyone has a responsibility here. every police officer is not how about having citizens react with the police officers. i mean, vice-versa. so everyone has a role to play here. i was taught i had the conversation, we call it mr. mayor, we have very little time. my father, a long time ago, about how to interact with police officers. so there is a mutual responsibility. great. you see, i agree with you, mr. mayor. i want to get a question in. it seems like the four-point plan is all about the cops changing. what about the community changing? what is the president s plan for the community? is it there? well, i think that the president did talk about not only 21st century policing and i m proud commissioner ramsey is the co-chair of that effort, but also the listening sessions of that attorney general holder just started literally yesterday in atlanta. some of those conversations will take place about what is the community s responsibility? how do we better interact with police officers? what is the right way to engage? so i think the president has been balanced in this effort. all of it may not have been completely laid out in the four points. but i think those four points are the right points. having community listening sessions, training police officers, engaging from the justice department in local communities, and also reevaluating how we give out the kind of equipment that we get from the military, which i support that program. but it needs accountability. i think all those elements will be there. the work of my brother s keeper, which we re strong supporters of here in philadelphia, so there is a community component to this and a responsibility to better understand what is policing about? why do officer december officers do what they do? but a lot of them do an unbelievable job and feel disrespected today about what s been happening over the last two weeks because they do an incredible job. thank you for joining us. we don t want them to feel that way. all right. thank you. 20 after the top of the hour. is disney letting go of god? its web site blocked a little girl s post, saying she s thankful for god. that girl and her mom are here next to tell their story. they must be bored over there. let it go, let it go can t hold me back anymore let it go well it looks like disney s frozen out god. when one little girl tried to post what she was thankful for on disneychannel.com, she was blocked because her reference to the almighty. apparently disney considers god s name a profanity. joining me now, lilly here with her mom. thank you both for being here. good morning. i know it s early. good morning. good morning. julie, i m going to start with you. i know lily by the way, happy birthday. i know it was this past weekend. we re excited for you. when lily went online to post what she was thankful for, what did she type in exactly? she typed in that she was thankful for god and her family and church and her friends. when she did, when she hit submit, it came up in red letters and the message that it said was please be nice. so she came and got me to let me know that something wasn t right and we started looking at it together and kind of playing with it and change words around a little bit to see what it was that it didn t like. and we found out that when we removed the word god from the post, the web site would allow it. so until you removed god, the word god, the web site would continue to tell you to be nice? that s correct. lily, how did that make you feel, when you just said what you were thankful for, and that was really nice note you wrote. how did it make you feel? it kind of made me feel a little bit confused about why it wasn t letting me send my message. sure. and that s what you were thankful for. i think that s a sweet message. we re excited you re sharing it here with us on fox & friends. julie, did you contact disney? what happened? here is your girl, she just turned ten, writing the sweetest thing on line. did you reach out to disney? i have not heard any response from disney. i reached out to todd sternson fox news and he s the one that did the write-up and shared her story for us so that we could get some sort of answer cause i just don t want children to feel like there is something wrong or something that they should be ashamed of in sharing their faith with their peers. lily, did you feel bad that they made you feel kind of bad about posting the word god? they made me feel a little bit bad because i couldn t write it. god is the reason that we have all this stuff that we have. you got a good heart. we did get a statement from disney. so i m gog read it here. maybe it will make you feel little better. it says, quote, because so many people attempt to abuse the system and use the word god in conjunction with profanity, in abundance of caution, our system is forced to catch and prevent any use of the word on our web site. what s your response to that, julie? you know, in a way it s understandable that what they re trying to prevent. but a big red message that tells a child that it s not nice to be thankful for god might not be the best way to handle that. lily, before we go, we will not censor you and we already know that you re a nice girl. so why don t you go ahead and tell america right now exactly what you re thankful for the way you wanted to the first time. go ahead. i m thankful for god and my family and all my friends cause he is the reason that i have all this stuff. you re an exceptional young girl. julie, you re a great mom of the we thank you for sharing your story here and for voicing your thanks to america loud and proud, lily. great work. thank you. thank you. you got it. she s got a good heart. this coming up, a reporter gets a little too close to his story. we re going to start with the hardest question of all. [ bleep ] my god. yikes. he was covering a shooting and almost became a victim of one? how that all happened next. talking hollywood politics and the president, up next. brian is joining him on the way to the curvy couch. good morning. the first ever interactive white house holiday card. see that? it s really cute. the way it works is you open the card, you enter your name and your social security number, and then you ll sign up for obamacare. happy holiday, suckers. amazing indeed. joining us on the curvy couch is steve gutenberg. he s got a new book out. good morning to you. another book. what s going on? i like to write. a little scribbling. what did you think of jimmy fallon taking a shot at the president? i know you have been a vocal supporter of the president in the past. well, we have a great country and the liberty that we have to be able to do that is fantastic. there are so many countries that you can t do that. it s great. there was emphatic support largely by hollywood early on. it seems it tapered a bit. what s your opinion about that? maybe shifting to hillary for 2016? i don t really see that. i don t think it s shifted at all. i think that everybody supports our president. it s the toughest job in the world, obviously. and you got to give the guy a lot of credit. he s got a lot to go up against. sure. but he s got critics when he does stuff that people don t appreciate. well, of course. we re always going to have critics. they re everywhere and that s what society is built on. do you something and everybody has an opinion about it. but i think we all love our country. not getting into it because i m just an actor. my opinion is just a single guy. you re an american. but i do believe that we re all fighting for the same thing. we have real troubles. we do. if you look at all the situations going on, we ve got a lot to go up against. it s important to have bipartisan, but at the same time, we ve got to work together. i think the biggest problem is personal ambition in government is taking over what we really have to fight for. interesting. just to make ourselves a great country. instead of the word service. it should almost be a sacrifice. i m putting my career on hold to serve. that s what the original intent was. it s not to get out and then make money. and i think that we ve sort of forgotten about that. but also just too much fighting. it s become uncivil. yeah. we got to put it together. i find there would be less fighting with me if people would agree with me more. i find for me to disagree. i find people would be happier if they went back to the days of disco. what are the odds, you got a book called the kids from disco. yeah. wait a minute. i m a kid from disco. i ve always wanted to write a book about uncles. people write books about children. that s the man from uncle. that s right. he wasn t an uncle. and i have two nieces and two nephews that i love very, very much and i m a great uncle. i m a very good uncle. and came up with this story about an uncle who becomes a super hero and employs his two niece and nephews to fight melvis pelvis. fantastic. because not many people fight the pelvis n no. until now. what are the keys to being a great uncle? nobody ever writes about that. the key to being a great uncle is to show the kids that you love their mother or their father, your brother or sister. i think that s the most important part of being an uncle is that they see i have two sisters how much i love my sisters and how you treat your sisters. so they can grow up and be like that, too. at the same time, they come over to my apartment and they can do whatever they want. free rein. yeah. good message. i want to bring up one thing, steve. you said something which is so insightful. casual give and at the same time but it really cut to the heart of the matter. what did you tell him before? which part are we talking about? when you went up to him and said, have you hung out with brian yet? that s right. the last time you were here, you said you both were from massapequa. there is no reason why you shouldn t be friends. that was two years ago. what the heck happened? well i don t want to hear excuse. we were hot and heavy. we went fishing fishing and boa. was it disco inferno hot? hold on. we might go clubbing. it s an uncle date. we ll take pictures and send them to steve. sunday, we ll go to christians. in massapequa. thank you very much. congratulations on the book. go get it. great message. the kids from disco. you ever toss to ainsley? no. here she is with the news. here she is with the news. what a great segment. y all are having so much fun. here is what s happening in the headlines. a 13-year-old boy found behind that fake wall in his father s georgia house is speaking out. doing great. i thank god. i downloaded an app. i called my mom. what a sweet young man. gregory, all smiles now, explaining how he escaped his father s house. he was held prisoner there away from his biological mother for four years. the teen-ager now telling police that he was beaten by his father and his stepmother. they re both behind bars and their bail was denied. meanwhile, the son is living now with his biological mother once again. tv cameras capturing the terrifying moments a reporter covering a shooting almost becomes the victim of one. he was interviewing a woman outside a store in west virginia when gun fire rang out. we re going to start off the hardest question [ bleep ] was there a shooting? yes. the two quickly running for cover behind a car. when i heard the first shot, my whole body got stiff. it was when i got behind the car that i realized how close it was because you could hear that zip. one man was hit, but he is okay this morning. police are still looking for the suspect. grayco in hot water over its latest safety recall. federal regulators are investigating a possible delay in reporting a safety defect which led to the biggest recall of children s seats in the united states. the buckles can get stuck, making it very hard to remove your child from the seat. the government says grayco was aware of the complaints as early as 2009, but never informed federal regulators. grayco insists it has been cooperative. imagine getting shocked every time you do something bad for you. that s exactly what happens when you wear one of these, padlock wristband. if you re in a bad habit, if you re doing something like spending too much time on line, not enough time at the gym, it will give you an electric jolt. it is nown sale for $200. so people pay to feel that? who controls that? otherwise it s like the invisible fence that the dogs use. thank you, ainsley. thanks. 20 minutes to the top of the hour. this coming up next. a fake hero learns the hard way if you re going to impersonate a u.s. army ranger, make sure there aren t any real ones nearby. i ve worn that uniform and i ve had friends get killed in afghanistan in that uniform, stolen valor, right here. wow. the real hero will be here next. right? thanks. one fake hero learns the hard way if you re going to impersonate a u.s. army ranger, better make sure there is not a soldier nearby. you re in rangers? there it is. where is your combat patch at? i gave it to a little kid. why is your flag so low on your shoulder? should be up here. got me on that one. why don t you just admit you re a phony. you know it s illegal, right? let me tell you something, i m a phony? yeah. then i wouldn t be wearing this uniform. you wouldn t? no. cause you are a phony. i called you out on ten different things. it s illegal what you re doing because i ve worn that [ bleep ] uniform and hive had friends get killed in afghanistan in that uniform. stolen valor right here! soldier burke, u.s. army veteran that confronted that phony is with us right now. thanks for your service. thank you. set the scene for us. looks like you re in a mall, you spot something and what did you do? i spotted this guy in an army combat uniform. he went into a store. i went in for a closer look because i like talking to fellow service members. as i got closer, a noticed a couple things were off with his uniform. his flag was low, boot lace were untucked. the badges on his chest were offcenter. so i took a step back and i just watched and talked to a little boy and kind of tell him stories about being in the military and this and that. and as he came out of the store, that s kind of when i initially confronted him about his uniform not being properly worn. we re hearing it. you have it you had your iphone and taping him. if you had the right earnings you would have backed off, correct? correct. initially did he have what could have been correct answers. when he approached me, i noticed he had two stars above his badge which would indicate he served in three different wars, which is almost physically impossible for his age. why does it bother you so much? well, i served in afghanistan and i ve had several friends get seriously wounded and a couple were killed in action who wore that same uniform, who put all that on the line and sacrificed that. to see somebody try and claim that type of sacrifice or dedication that my friends did really irked me. what about with your family? don t you have a my grandfather served in world war ii. he was also in the army. and just that legacy of wearing that uniform, so many guys put their lives on the line and have lost their lives wearing that same uniform. somebody to pose as an actual soldier when they haven t sacrifice as much as those guys have, it s just wrong. you also get discounts and praise when you don t deserve it. that bothers you on top of that. what has been the online response since this has been posted out there? generally in the military community especially, it s been positive from my end. i d say fort most part, everybody supported what i did and they agree with it. there has been a couple negative responses, but overall, i think everybody was on board with me and thought i made the right choice. and what happened to him now? as of right now, the video on line has millions of views. the law enforcement officials are actually in the process of contacting him to investigate further if this guy should be prosecuted or not. it is a crime. it s been posted on facebook, says i worked with him. always called him out and he always stuck to his story. thankfully there is someone with more military knowledge than me that could pinpoint the lies. i could not. thank you. this made my day. yeah. it means a lot. like i said, i think there is more than just this guy walking around posing as a service member, claiming that they sacrificed as much as some of my friends have and i think when it s seen, it needs to be called out and these guys need to be prosecuted. you dropped out of penn state to go serve. now you re back, ready to graduate. what do you want to do next? hopefully law enforcement is my main goal here. at 26. what a life you ve already had. thanks so much for your service and thanks for doing what you did and everybody else serve notice, don t steal the valor. this is only for the select few. appreciate it. who is on your wrist? private first class anthony nunn, killed in may of 2011 and sergeant summers, also killed in july of 2011 in eastern afghanistan. wow. and you are making sure their memory stays alive. appreciate that. thanks so much. coming up, how do you turn that seasonal job into a permanent one? cheryl casone is here with that way to make that permanent next. but first on this day in history, 1938, new york s la guardia airport opened for business and immediately every plane was lifted. in 1965, turn, turn, turn by the birds was the number one song in america. and in 1976, castro in cuba [sound of crickets] brii,brii,brii [male narrator] we ve all heard how military veterans adjusting to the civilian world may have. certain. issues. 2. 30. 70. if only everyone had this issue. no matter what challenge they face, easter seals is here for america s veterans. the business of christmas shopping already in full swing. that means employers are looking for people to do the ringing up at the cash register. cheryl casone from our sister network, fox business, is here with the top five companies hiring today. i ve looked at the list, i heard of all of them. i love all the companies. they re look for workers. let s start are amazon. to be clear, they re all still hiring and look for people. yesterday with cyber monday, they were very strong for cyber monday. excellent. everybody is in the amazon and you can work for them. 80,000 holiday positions available at amazon. thousands of these jobs will turn into full-time jobs. amazon has been on a hiring tear. yesterday you did a segment about how they ve got a bunch of robots. but they still need actual people. they need people for sorting, for package, labeling, things like that. those fulfillment centers. they re opening more and more, including some here in this area. so that s the first one. next up, i love this company, nothing says a holiday like a honey baked ham. food. i love it! so this is the spiral honey baked ham. the founder actually invented the spiral, like the way that you cut the ham. i hope he made a lot of money. anyway, 10,000 jobs, production, preparing glaze in the hams, customer service agents. a lot of their managers were seasonal hires. they like to promote from within. it s good culture, i will say. absolutely. you just said that cyber monday was a very busy day. fed-ex is a place that s looking for people. yeah. 50,000 seasonal positions. all these companies are still hiring. don t think they re not. a majority of the seasonal workers will have the opportunity to go full time, continue working even if it is part-time after the holidays and fed-ex has really good benefits. if you can get full time with that company, the health care, the retirement, everything is really strong at fed-ex. they re pretty busy now. let s take a look at target. so they re this huge price war right now with wal-mart. they re really kind of going head to head. 70,000 jobs, 40% of last year s hires went full time at target. you get a discounts as well. they ll continue to hire. they re expanding. they re kind of fixing up the stores. and finally, sports authority, which is right next to target in my town. is it really? yeah. very cool. if you need some weekend work, a little part-time i m off here at 9 request in the morning. you ve got the time. yeah. all right. so 50% discount if you like sporting goods items. 3500 jobs that are open. store managers, merchandising, sales, things like that. several hundred of those workers will become permanent. i think it s an opportunity you should consider. absolutely. and once again, i m sure today on the business network you re going to be talking about how so far the sales are looking better than on black friday? we re going to be covering retail sales because a lot more and more americans are doing their online shopping. and that s where everything is going. everything is listed at cassiniex casoneexchange. you could literally, if you walk into a stocks be hired that day. every day is christmas at casone exchange. don t miss cheryl on the fox business channel. thank you. thank you. coming up on this tuesday, the white house wants more spending to retrain police officers in the wake of the ferguson tragedy. retraining the cops? is that the answer? laura ingraham s got an opinion. she s next. and quiz time. what do goats and harlem globetrotters have in common? the answer next. that s baaad. ñi good morning. it is tuesday, december 2. i m elisabeth hasselbeck. the white house wants hundreds of millions of dollars to retrain cops. what about how the community treats police? where are those points in the plan? laura ingraham weighing in on that straight ahead. and the president threatens to shut down the federal government if republicans do not fund his amnesty plan. but how much is that going to cost? we are crunching the numbers and they are big ones, straight ahead. and caught on camera, wild police chase starts with a stolen car, then ends with a skateboard. not before a reality tv star jumps in to save the day. every word in that tease was true. it sounds like i made it up. but mornings are better with friends. it s time for fox & friends . that isn t sweet georgia brown, is it? this is giving tuesday. this is the harlem glebe trotters with some goats, a alpaca and llama. in the past we have told you about an organization remember a couple years ago, he have time it was my birthday, my wife would buy me a cow that would be donated to people in another country. they ve got a similar program, in fact, we ve been keeping one of the cows here in the studio they ve got a program where you can actually donate an alpaca and goats and fresh water. it s a wonderful program. it s a great program. on this giving tuesday, it s great way to share i could see how a cow could help. how about an alpaca? for the wool. it gives it up willingly. the alpaca is now offended. i want to make sure we weren t having alpaca for lunch. no. he s going to alpaca punch you. all right. we mentioned this a moment ago. the cost of amnesty, president obama now saying he is willing to shut down the federal government if republicans won t pass funding for his immigration policy. doug luzader has a calculator in washington, d.c., figuring out how much all that is going to cost. reporter: good morning. i need my green gadget this morning. a lot of numbers have been thrown around of the economic impact of the president s plan. let s talk about a couple of them. $40 billion. that s what the conservative heritage foundation estimates will be the cost to taxpayers of the president s new immigration plan. on the other hand, we ve got this number, $350 billion. one immigration advocate says that s how much economic activity will now be done above board. these are very strong net positives for the economy, particularly on the fiscal side. continued to pay heavily on the tax side and are the lowest users of government services. but is that really the case? you really have to look at illegal immigrants in general, the migration policy institute came up with this analysis of illegal immigrants. 50%, they say, have less than a high school diploma. 31% live below the poverty line. 51% don t speak english well or at all. 65% either unemployed or not part of the labor force. just as anybody with an average tenth grade education, will probably not be a high earner and end up paying less in taxes than they receive in government services and benefits. and that leads us to the earned income tax credit. generally low income earners don t pay an income tax to the government at the end of the year. instead the government actually sends them a check and the administration has been clear about this, that these illegal immigrants will, in fact, qualify for the earned income tax credit. back to you guys. because they paid in. doug, we thank you very much. great report. laura ingraham joins us live to discuss all that s been happening in ferguson and post. tensions rising across the nation. now a meeting in the white house. good morning to you. good morning. $263 million in ferguson spending to retrain law enforcement. is that a great way to spend the taxpayers money? first of all, let s look at what that whole scene looked like in there. when i just looked at the image, the screen shot of that, it looks and reminded me of one of those like thursday night seminars in college where everyone kind of sits around the table and talk about the world s problems and in the end, they just come up with the same conclusion, basically that the system is rigged; that minorities can t get ahead and that we need to spend more money. and indeed, that s exactly what happened yesterday at this meeting. there is never anything that happens in the country that the president doesn t believe can be fixed with the spending of more money and getting america deeper into debt. indeed, when you see the $263 million that he s proposing, i guess we could find that money somewhere. i don t know. we never talk about where we re getting the money. we print it. just take it from the military. that s what we re good at. and guys, i was thinking about this. body cameras, i think that s an interesting idea and i think obviously it would have vindicated officer wilson early on in this process. but maybe, why not put a body cam on the president, because i know a lot of people would like to know this how much time does he actually spend during the day on the u.s. economy? i m talking about jobs, opportunity for people, expanding economic opportunity, and running the government, versus doing the community organizing around the table. that body cam would be fascinating. so i m all in favor of spending money on that body camera. you know when would run all that, all his video would probably be the golf channel because he does a lot of that. great idea. they need some fresh programming. about an hour ago we had michael nutter, the mayor of philadelphia on. he was in the meeting with the president yesterday. essentially what he was saying is that the police need to be retrained so they know how to deal with the community. what about the community and their dealings with the police? listen to this exchange we had with him. treating people with dignity and respect has to be a part of their job and awful us as public servants. there can be a disconnect. in communities in any city, including our city between how residents feel about the service that they get, how they are treated in their own community, and if that gap in trust grows, then you have a dangerous situation. i think the president has been balanced in this effort. all of it may not have been completely laid out in the four points, but i think those four points are the right points. what do you think? how about self-reliance versus self pity? how about conforming our behavior to the law instead of bitterness? how about actually the principles of truth versus the principles of rabble rousing and spreading distrust, which i think this administration has done? actually speaking basic truths. i know that s a crazy concept in america today, but if you punch a cop, if you try to get into his car, if you walk down the middle of the street and rob a store, it s not going to end well. you re either going to end up in jail or someone is going to get hurt. it would be nice if the president of the united states with all of his education and all of his wisdom and all of his experience actually spoke truths to people and had the community really represented there. there was one police official there, but there were no shop keepers at that meeting yesterday and again nobody from ferguson. he always goes political at these meetings. he never goes pragmatic. and the pragmatic thing is people need jobs. stop giving opportunities away to illegal immigrants. actually focus on getting the communities at work because guess what? when you have to wake up in the morning and you have a job or child to really take care of, you don t have time to be out on the streets burning down buildings. sure. charles barkley, to your point and adding on there, said why don t we get practical here and imagine what it would be like without law enforcement doing the job that they re doing? be a wild, wild west. take a listen. we have to be really careful with the cop, man, because if it wasn t fort cops, we d be living in the wild, wild west in our neighborhoods. i think we can t pick out certain incidents that don t go our way and act like the cops are all bad. do you know how bad some of these neighborhoods would be if it wasn t for the cops? there is no excuse for those people to be out there burning down people s businesses, burning up police cars. laura? i would argue that the who has been more damaging and paid less attention to the true needs of minority communities in the country? the obama white house or state and local police? i would say state and local police has done more to help and assist minority communities than this administration has in the last five-plus years. so if you want to be mad at someone, i d be mad at the administration that hasn t spend really any time on getting real job, good-paying job noose this country. and instead is more recrimination, none of this is going to help the average minority in this country or working people. the attorney general hasn t left yet, was yesterday in atlanta and he was speaking out and he wants to end racial profiling, which i don t know how that figures into this case, but he came out and said once and for all, he wants to end it and that s the problem with policing today. do you think that was on message or off? well, i mean, this is the way they view the world. the racial prism is how the obama administration viewed the world at t very beginning of this administration and apparently it s worked so well for them, not, they re going to keep doing it until the 2016 election. again, i think people are fed up with this. i know a lot of people watching this right now are trying to figure out ways that they can actually buy christmas presents for their children this year. the people who are shutting down those stores, who are blocking the freeways, they re not the modern day rosa parks. most of them are very selfish and most of them don t really care about michael brown. they care about anarchy, chaos, and doing the whole anti-capitalist thing. that s what they care about. the president should have spoken about the dangers of what some of these people are doing on the streets and he didn t. yeah. maybe that s the message today, don t hold your breath. laura, thank you very much. have a great radio show. starts in about 50 minutes all across the country. thank you. we turn now to ainsley earhart, a lot to bring you this morning. what s going on this morning? thank you. the wife of the leader of isis now being questioned in lebanon. two senior officials saying they captured her and her nine-year-old son more than a week ago using fake i.d. cards crossing the border from syria. officials saying the woman is believed to be one of the wives of isis leader al bagdadi. he was thought to be critically injured during an air attack on november 8. but a few days after that, a new audio tape of him surfaced, calling for an increase in lone wolf attacks. a suspected serial killer wanted for murdering four people in west virginia is dead. police found 39-year-old jody hunt in his truck in the woods. they say that he turned the gun on himself after an hour long manhunt that forced the lockdown of several schools in the area. friends identifying one of his victims as an ex-girlfriend who filed a domestic violence case against the suspect just last month. before his deadly rampage, he wrote this chilling facebook post: you will not hurt me anymore. you will not destroy my soul and heart as you tried so hard to do. a reality tv star saves the day after a wild police chase near l.a it began when a suspect driving that stolen bmw slam noose a car stopped in traffic, then jumps out with his skateboard, as you can see. he skated away for about half a block with cops on his tail. it all came to an end when operation rico star in the red pick up truck cuts him off. police then took him into custody. see exactly what happened, see the guy running with his skateboard and running from the cops. they re right on him. there is six or seven cops. and he got on the skateboard and started moving and it s just instinct. blocked the guy off and slowed him down a little bit. apparently the star lost 150 pounds in the past year, so no one even recognized him. those are your headlines. back to you. you recognized hip. we all did. thanks. this coming up, the rioters in ferguson are running wild. but one group of armed volunteers patrolling the town from roof tops is being threatened with arrest. is that fair? one of those volunteers joins us next. and this wasn t on the radar. a weatherman caught by surprise when a playful pup takes over his weather report. good boy. oath keepers. who are you guys and gals? oath keepers are individuals that come from first responder backgrounds, military, law enforcement, firefighters, paramedics. they re the individuals that put themselves in harm s way to keep others safe. so when we hear this, this is a statement i want to read to you. it s from the st. louis county police department saying that you re not obeying the laws. quote, individuals from the group did not adhere to the st. louis county ordinance regulating security officers, couriers and guard. that ordinance prohibits anyone from providing security without first obtaining a license. what is your response to that? well, the rest of that has to do with being paid to be there. that wasn t the case with any of us. we re all volunteers. sure you are. and i know that there are a number of business owners forget about what the officials say. people who own some of those businesses and buildings were thankful that you guys showed up because you showed up when a lot of people wouldn t. that s true. there was a lot of hugs and tears. they couldn t believe that perfect strangers would come and do that for them. why did you do it? that s what we do. while others run from danger, we run into it. it s part of who we are. that s how we re wired. if indeed you are stopped from doing what you are meant to do, what you re wire to do do to help others, what will be the result, john? we won t stop. why? because no one else is there to stand in the gap. no one is there to do the job. that s why we had to roll out and do what we did, because everybody else was standing by. those that were in roles that were supposed to protect the town, they did not. i read a statistic that every building that you guys protected is still standing today. so that s a salute to the fact that the oath keepers were op the roofs keeping an eye on things. thank you for joining us. thank you. you bet. 20 minutes after the top of the hour. coming up, while illegal immigrants make themselves at home in the united states, american students now have to pass a citizenship test to graduate. does that make sense to you? would you pass? and a football player suing his high school, saying it didn t protect him from concussions. could the case be the end of high school football? arthur and ablow walk not guilty to take on the legal insanity next. a kid. i m just overall a competitive person, so i wanted to beat him. by the time i had gotten to 83, there were just tons more merit badges that were fun left to do and i just wanted to keep going. he did, but he ran through all of them. he says the bugling badge was the hardest to earn. but he got it last. brian, over to you and the guys. all right. former high school football player now suing the illinois high school association, claiming it did not do enough to protect him from concussions. standards, the ihsa has implemented are still fairly below the standards that we think are now the norm in the industry given the state of knowledge that we possess. wow. suing. could this spell the end of high school football? here to react, fox news legal analyst arthur aidala and dr. keith ablow. you like this suit, arthur? i like the purpose of it. i like what they re trying to do, they re trying prevent injuries on young people. from a very practical point of view, this is a class action lawsuit. that attorney you just showed, he could get multi generational wealth for him and his family if all of these high school players start popping up from generations past saying hey, i was hit in the head, i had a concussion, now i get headaches every day. by the way, how do you prove if someone really has a headache every day? i m not sure. if they know they re going to get a check? the attorney is a attacking joe, who has his heart in the right place. this class action suit, i know him. i talked to him. i did my homework. i know him everybody knows, everybody knows that hitting your head in football and the fact that you get blurry eyed and concussions, this was a risk. so the fact is, if you knew that and you were the people putting on this game, if you re the organizers of the game, that s called negligence. it s like i have to take the lawyer to school. the protocols in 2003, didn t play past high school. were they in place like they are now in the nfl? they re not. but the way the doctor opined, that everybody knew what the dangers are of a concussion, they re going to have to prove that everybody knew that there was a risk and that the risk was this suit is not just about money. here you impugne the reputation of a great attorney. i m not impugning it. i can tell you one thing don t misquote me. the nacc case as well, in that case, he was very focused on achieveing change. there are 8 million high school athletes, football players. 140,000 will get concussions on an average basis. so eight high school students did die playing this game. so it s a risk that you have going in. if these schools have to pay out this money, you have thoroughly destroyed the sport. i don t think you have. and guess what? i don t know if it s such a terrible thing if you do medical checks after somebody has a terrible head trauma on the field and you sideline the kid for the game. what s so bad about that? here is what the lawyer is saying. everything doesn t have to be accomplished through a lawsuit. you could accomplish this same goal through a series of meetings lawslaws are made this way. it doesn t have to be all the time. how can you get that pocket square? the suit has to be a very expensive suit. i will say this. everyone s heart is in the right place. everything doesn t have to be a lawsuit. the biggest take away is there is a target on football at every level. let s make it safe. absolutely. arthur, thanks so much. you guys are a handful. unbelievable. i can t watch him and argue with him and everything else. they actually like each other, believe it or not. coming up in the next 35 minutes, ray rice free o play in the nfl and now he is speaking out. if i never play football again, i ll be honest with you, i would sacrifice more so she could have a better future. more from his newest interview out this morning. and quiz time, what do goats and globetrotters have in common? elisabeth has the answer and she also has a coat. bought 17 books. including the laughing monsters, being mortal and heart of darkness. or as the cashier put it, are you okay? chicken soup for the presidential saul? you want to get that? that is quite a book reading list. did you hear what he said about chuck todd s book about him? he said sad. a sad picture of the president on the cover. is that what he meant? not that it s sad he wrote a book? maybe not. from sad to happy a great smile is just around the corner right there with ainsley earhart ready to bring us the headlines. you re so sweet. thank you so much. here is what you missed while you were sleeping. the reward for information about missing college student shane montgomery now raised to $25,000. but this morning still no sign of him. he disappeared after leaving a bar in philly on thanksgiving eve. that irish pub now kicking in $10,000 for information as well. bar owners say he was respectful when he was asked to leave after bumping into the d.j. table, adding he wasn t acting drunk. ray rice now free to play in the nfl with video surfacing of him punching his fiance. now what he thinks it will take for an nfl team to give him a second chance. one thing i think that they will have to be willing to, you know, look deeper into who i am and realize that me and my wife have one bad night and i took full responsibility for it and one thing about my punishment and everything going along with it, anything that happens is that i have accepted it. i went fully toward it. i never complained or i never did anything like that. four teams expressed some interest and rice is now a free agent. is it an apology or not? st. louis county police and the st. louis rams are at odds over whether a team officially apologized for this hands up, don t shoot gesture. st. louis county police chief john bellmar claims the rams coo apologized for his players. but the coo denies this, saying he expressed regret the players he actions were seen as offensive burks never officially apologized. the police officers association called that gesture profoundly disappointing. and here is a weather report that literally goes to the dogs. when i have it to reopen it hey, king. how are you? live tv. how are you, buddy? it s not your turn yet. you have to wait one more segment. is this going to be on youtube? miami weatherman getting interrupted by king, that one-year-old american bulldog mix. king was scheduled to be on the show a little later as the pet of the week. but couldn t wait to become a star. those are some of your headlines. maria has weather here. have you ever had a dog interrupt your weather? no, but bring it on. bring the dogs overt we have had dogs on the set and i have done a weather forecast with a dog next to me who did not interrupt me. let s look at the radar. we have areas of rain and even a little wintery mix across portions of the mid-atlantic early today. as we head into later this afternoon and this evening, we re going to be looking at more widespread areas of snow and also wintery mix developing across parts of new england all the way down to the mid-atlantic. 2003 have a number of winter weather advisories and freezing rain advisories out there across parts of pennsylvania and ohio. so be careful on the roadways. it will get slick out there. across california, much needed rain coming in to areas like san francisco and los angeles. temperature wise, you re much colder today across areas in the northeast. texas, also chilly. highs in the 40s and 50s. and across places like minneapolis, high temperatures there, only in the 20s. now let s head over to elisabeth and brian who are about 20 pete pete feet to my right. today is giving tuesday and to celebrate the harlem globetrotters have teamed up with christian organization world vision promoting the importance of giving back this holiday season. here with us now are two members of the globetrotters, alex and herb, along with a few friends. nice to see you. i thought it was reverse. i thought you could outjump him, but i m wrong. actually he can at this point in my career. but not in this weather. you are freezing. he was still able to teach a couple of tricks to us. talk about why you have furry friends with you today. we partnered up with world vision, so why not team up with somebody like them. we want to encourage our fans to give to underprivileged communities and a way to do that is going to the world vision catalog and you can find out more about the catalog at worldvisiongifts.org. you can find life-changing gifts such as llamas, cows, alpacas. you can get two soccer balls for 16 bucks. whatever you have more of in your wallet. whatever you can give, you give a lot of joy and you also keep people smiling throughout the year with some tricks. can you teach us one before you go? oh, yeah. you want to try something? sure. here we go. all right. i want you to go around your back, underneath your leg, off the knee. okay. around my back, underneath my leg. that s pretty good. you seem less than impressed. all right. for you you want to go around the body. okay? like that, back and forth. i think duke it. i saw you working on it. i ll try. there you go. like that? that was very good. let me trio get the ball from you guys. see if you can trio do that. i need a llama to help me. you need a llama? thank you for coming down. world vision, a great cause. always providing a smile with great talent. giving back to the community. jog it in. steve, take it away. thank you, brian. coming up, how are we dealing with the new isis threat against our military? by telling them to scrub their social media? really? is there freedom of speech, the latest victim in the war on terror. peter johnson, jr. weighs in on that next. and no dolls or g.i. joes for christmas. the new idea called no gender december attack the toys under your tree already. say good-bye to g.i. joe, barbie. god is the reason that we have all this stuff that we have. i just don t want children to feel like there is something wrong or something that they should be ashamed of in sharing their faith with their peers. disney s response says it was because of censoring software that catches people who abuse the system by adding god to profanity. that was their answer. steve? the f.b.i. has issued the strongest warning to date about possible isis attacks against members of the u.s. military. in a memo from the department of homeland security, the f.b.i., service members are told to scrub their social media accounts. quote, for any information that might serve to attract the attention of isil and its supporters. is free speech now the latest victim in the war on terror? peter johnson, jr. joins us live. it may be, but it may be necessary. this is first reported on fox back in october. let s talk about the joint bulletin. what it does is strongly urges service members to scrub their social media accounts, like twitter and facebook. removing anything that might bring unwanted attention or help extremists learn their identities or their families identities or locations because officials fear copy cat attacks like the attacks that we saw in can did and frankly, what we ve seen at fort hood in the past. radical extremists acting against service members here in the united states. sure. and it was in october that an air force guy and his son were targeted by social media. they said hey, go after these guys. absolutely. the issue becomes is this the first amendment going by the boards because of isil, because of al-qaeda, because of terrorism generally? do our service members and their family have to limit what has become really the face of the first amendment in the 21st century, their participation in social media? obviously it has a point. obviously locations, sensitive locations shouldn t be given away. obviously family members and military shouldn t say i m here, i m over there and then become subject first to internet attacks and then potentially slaughtered by terrorists, which is the fear of the f.b.i. and the department of homeland security. we ve had this in the past in our culture, in our history. look at world war ii. there were posters of the government put out, loose lips sink ships. meaning if you spoke about troop movements, if you spoke about where people were, then we might lose ships in the war against the axis powers. then also invoking the stetson hat, keep it under your stetson hat. keep that information under your stetson hat. but at the same time, though we understand that this is a great, great infringement on who we are as a people, that somehow a military officer, a veteran, someone who is a blue star or gold star or a silver star member or family should somehow disguise their service or be ashamed of it for fear that they or their family will be struck by terrorism. that s the balance that we re facing in this society now. and so i hope that our honoring of service, that our public acknowledgment of service in this country doesn t go by the boards, that there are ways that people can fly the blue star flag of service and that we can honor our patriots in this country without fear of being attacked by terrorists. i think we should spend as much time ensuring that they are safe as warning them about engaging in social media. obviously they need to be smart as we all do. but we don t need to succumb in a total way to their terrorization. otherwise the terrorists win. and they can t win and they won t win. all right. well said. thank you very much. 12 minutes before the top of the hour on this tuesday. still ahead, attorney general eric holder said he s going to end racial profiling once and for all. one sheriff says racial profiling not the problem at all. his message to the attorney general and your comments pouring in next. first let s check in with hem who are has got the show in 12 minute. how you doing? good morning to you. homeland security secretary testifies in the president s move on immigration. there is a big republican meeting this morning at the same time. what is the best way forward for the new majority? we re all over both stories. and a ordained drops out of the race for 2016. so who is in today? is iran helping the u.s. bomb isis? there is evidence apparently. we ll show it to you. martha and i will see you at the top of the hour on america s newsroom . welcome back. we ve been talking this morning about how the president of the united states has been told you got to do something about ferguson and yesterday he convened a meeting at the white house of religious leaders, civic leaders, and police officers. that s right. one individual who should have possibly been there ho had something to say to the president about leadership, law enforcement and communities and how things could actually get better is sheriff david clark out of milwaukee, the county sheriff there. this is what he had to say about his message and what it would have been to the president. policing is a local issue. we do not need federal involvement. all they re trying to do is create this situation where the neighborhoods at the local level that need policing the most will get it the least because it will cause people to back off when they really should be aggressive. it s a shame that the attorney general paints this broad brush of law enforcement officers all across the united states of america. the cops at the street level, and i love street cops they don t have a voice right now. i think it s time to push back. law enforcement did not have a voice yesterday. not in washington, not in the meeting that they had and not in atlanta with the attorney general where he came back and said, hey, we have once and for all got to stop racial profiling. instead of saying good detective work or we understand what you re up against, there was none of that. there was a lot of protest. he supported the protest that he had to walk through and deal with in his speech, said, i m not even mad at you. it has been decided that this case in ferguson, the death of michael brown that led to the nonindictment of officer wilson there involved racial profiling. nothing has been decided as it relates to that. in the new york post today on the editorial page, they said that last week the president said we need to accept the decision that where he said the grand jury was was the grand jury meant to take. it was their decision. if that s the case, they say that the attorney general should probably stop trying to make this a federal case. eric holder, who is out there saying that he s going to stop racial profiling once and for all. and come up with you have the president meeting with some leaders on coming up with a four-point plan, plus that s going to be on the backs of the taxpayer, $263 million, putting cameras on police officers moving forward. but then when you hear from those real boots on the ground, sowf the sheriff, the local feds going in there in terms of police work, their voice were not heard. but yours are on facebook. one stays, the less you have the feds involved, the better it is for the states, counties and our cities in the nation. the locals know what is best for the citizens of that particular state. the mayor of philadelphia was in support of the meeting which he was invited to. on facebook, one says, i m tired of all the criticism of law enforcement. unless you have put a uniform on, put yourself in harm s way, you have no idea what it is like. joanne is on facebook and she wrote this: bravo, at last a brave soul that is willing to tell it like it is. why wasn t he invited to the white house? the sheriff also said that what the white house is doing complete theatrics. that s it. one more post, at this point, i agree, they are making it more difficult for the police to protect themselves. thus protect our citizens in the long run. thanks for sending those in. keep them coming. also something that was curious is if you re going to have a meeting at the white house, talking about the problems with ferguson so they don t go forward in the future, you would have thought they would have invited somebody from ferguson. and invited some of the protesters, but none of the people in authority of ferguson, which seemed like they left somebody off the list. one of the individuals there said that the protests should have happened even before the verdict. that people should have opinion out there they said riots. they should have been lots of riots before the verdict. strong language. yeah. we ll see what happens in the aftermath of this and what are the president s four-point plan gets implemented. we ll see. more fox & friends in just a moment.
as we see this splits. yes, let me walk you through donald trump s strategy over the next three days to do the ten state splits. we are calling that hillary clinton s blue firewall, the states of wisconsin and pennsylvania. that s one region and then you know donald trump has to be able to win the must-win florida and north carolina. if he does not win any of those states, this race is over. he has to be able to hone onto that. he wants to be able to go out to the west and see if he could pick off a state like colorado, for example, that helps him out. just to kind of show you then, you know, hillary clinton s holds. pennsylvania is critical to that. michigan is critical to that. that s a reliably blue state and she will be here later today. and campaigning later on tonight with jay z, she s adding a stop this weekend. the polls are all tied up. she s battling for every vote and not taking any vote for granted, thomas. kristen, standby, lets go to our katy tur. this rhetoric that trump is using that clinton is likely under an investigation for a long time, america deserves a president who can go to work on day one. is this red meat where the folks already supported? well, it is. it is aimed at those republicans that are out there that are uncomfortable with donald trump and trying to get them to get up and get out and go to the polling booth and cast their ballots for trump and instead of somebody like a third party candidate or somebody they made perhaps write in and as we saw, some folks say they re going to write in a third party candidate including john kasich who wrote in john mccain when he was? ohio. what they are trying to do is paint hillary clinton as somebody that s so questionable and somebody who has so many issues in office and including an investigation and they within the to say it will end up with a criminal indictment even though they do not know that s going to happen. so they can scare those republicans into coming home. mit romney enjoyed a lot more republican support than donald trump has at the moment over 93% or 94% or 95%. in order for donald trump to be competitive or any democrats for that matter, he s going to slit f solidify all the republican votes as they can. there is some indications that is working. i was talking to sources in new hampshire who tells me the polls are tightening in that state. republicans are coming home to donald trump in a way where they have not seen before this past week. they re still unsure that he will be able to pull it off in new hampshire but hopeful than they were a week ago and above anything else of what this is happening, of kellyanne conway and new hampshire and pennsylvania and others across the country including marco rubio and florida. they are going to don t do this and they hope that donald trump stays on message and we see him on the campaign trail and he acknowledges this and at oftentimes he can be his own wor words. we know that toomey you katie and kristen welker, has team trump responded about upcoming indictment for clinton? reporter: no, the trump campaign has not responded to that. they have been using that and saying that just came out and hillary clinton is going to be criminally indicted and they use this fox news reporting but they have not commented since brett bearer have backed off of it. yesterday, he said this was artful terminology. today he s apologizing that it is not just artful but inaccurate. kristen what about how is team clinton responded of a false story? reporter: no reaction to that. you remember in the wake of comey coming forward and announcing that he s looking into newly discovered e-mails, clinton campaign turning the pressure on comey, hey, if you are going to do this, release all the information. we saw that from her top surrogate. clinton is not talking about this issue anymore. she s trying to turn the page. you will hear some of her top circuit taking this on. it is friday, the e-mail from comey came out on friday, the access hollywood came out on a friday that hurt donald trump. what will happen this friday? anybody s guess. katy, and kristen and mark and jacob, everybody thank you very much, appreciate it. i want to follow on this case of chris christie. bill baroni, chris christie will be campaigning for trump. he released this statement that reads in part. let me be clear, once again, i had no knowledge prior to or during these lane realignments and had no roles of authorizing them and anything said to the contrary over the past six weeks in court is simply untrue. i want to bring in our legal correnspo correnspondent, ari melber. well, we have been following two cases and this is a jury to your question decided that there were something rotten there that this is what this administration did and convicted to christie s aids. that s not good. nine counts and of wired fraud. the problem with chris christie is how that looks and if he had former aids singling him out. the good news for chris christie is that this case is finally over. he was not ever charged to be fair and clear and thus in that sense, the legal chapter appears closed. all right, i have halie touched on this at the end of last hour of the rolling stone verdict and the fact that there is three people, defendants in the defamation trial and how this has moved forward. this is a story that ran rolling stone, alleging a rather graphic gang-rape at a fraternity on campus. the administrator from the school sued and said not only your story was false but you defamed me along with others in doing it so recklessly. people often say i am going to sue, i will sue for defamation and you lied about me. very rarely those cases go to court and when they do, rarely you will get these major guilty verdict. with this jury found just in the last hour, no, there was recklessness and there were actual malice, these people did not just do their jobs poorly, they did their job incredibly recklessly, they did not get the basic fact-checking and the basic stories that a reporter is supposed to do. we are not talking about jail, we are talking about money damages up to $7 million. that chapter would come later. this is a huge blow to rolling stone which i should mention and people probably know at home has published a great number of issues and music and cultures and rights over the years. this story is a blemish for that. did rudy giuliani knows about last friday s, of october s surprise two days before the story broke. i mean i am talking about some pretty big surprise. yeah, i heard you said that this morning. what did you mean? you will see. you are lucky because we got to go. i am out of town. we are not going to go down. we are not going to stop fighting. we got a couple of things off our sleeves that should turn us around. why agents reportedly are against hillary clinton and what these new claims could mean for the race going forward. first, a reminder our coverage begins tomorrow eastern with a live one hour show hosted by your own joanne reid and tuesday tuned in on our msnbc election beginning at 9:00 a.m. eastern. . (friends gasp) the app where you put fruit hats on animals? i love that! guys, i ll be writing code that helps machines communicate. (interrupting) i just zazzied you. (phone vibrates) look at it! (friends giggle) i can do dogs, hamsters, guinea pigs. you name it. i m going to transform the way the world works. (proudly) i programmed that hat. and i can do casaba melons. i ll be helping turbines power cities. i put a turbine on a cat. (friends ooh and ahh) i can make hospitals run more efficiently. this isn t a competition! a lifesaving pill by five thousand percent. said he wished he d raised it more. prop sixty-one targets drug company price-gouging to save lives. the drug price relief act will save californians nearly a billion dollars a year. join the california nurses association and aarp and vote yes on sixty-one. the drug giants won t like it. and he ll hate it. investigation into hillary clinton s private server and making that information public. those reports suggesting that fbi agents have a highly in favorable view of hillary clinton. a fresh story that s out today. spencer, it is great to have you with me. you spoke to fbi agents that s serving into the organization. take us through your reporting and what you uncover. i want to see what fbi agents thought about comey s decision putting the fbi front and center days before people going to the polls. what i found was an extraordinary climate. some people were saying that no matter of the support for trump, some were serious and kind of there is a tremendous towards hillary clinton. did you find folks wanted to speak out on this on background and give you the kind of insights and look at what the climate was like? it was extremely difficult. people were reluctant to criticize an agency that they feel they are personally attached to. has comey put himself in an in possible position? he s extremely in a difficult position. some point presuming that she s elected president. comey is going to have to find some way of working with with her and that may under mind the relationship between the white house and the fbi. we played this earlier of rudy giuliani raising eye brows of what he said last week about this and what he said today. you are going to hear about it the next few days. i am talking about some pretty big surprise. oh yeah, i heard you said that this morning, what did you mean? we ll see. we got a couple of things up our sleeves that should turn this around. a couple of days before this broke and you looked and you said look out, something is coming down and certainly it did. what did you know and a lot of network pointed that out. i am not part of it at all. all i heard was former fbi agents telling me that there is a revolution going on inside the fbi and now is at a boiling point. so there are people in the fbi leaking information into trump s team. that s what it sounds like. rudy giuliani , he had a history of playing politics. i am a native new yorker. it is going to be difficult to manage and put rank and file fbi agents trying to do their job with integrity in a difficult situation. spencer, great work. national security for the guardian. today our pulse question, reports say the u.s. government is concerned hackers from russian may try to under mine the election, are you worried your vote may be compromised? coming up in the case, the fight to finish, which gives us the best idea on what could happen when those ballots are all in and experts weigh on the other side of this break. my name is barbara and i make dog chow natural. now that i work there, i value the food even more. i feed it to yoshi because there are no artificial colors, preservatives and it s made with real chicken. i m so proud to make dog chow natural in davenport, iowa. do you have thecare? coverage you need? open enrollment ends december 7th. don t put it off til later. now s the time to get on a path that could be right for you. with unitedhealthcare medicare solutions. call today to learn about the kinds of coverage we offer, including aarp medicarecomplete plans insured through unitedhealthcare. these medicare advantage plans can combine parts a and b, your hospital and doctor coverage. with part d prescription drug coverage, and extra benefits. all in one complete plan. for a low monthly premium, or in some areas no plan premium at all. unitedhealthcare doesn t stop there. you ll have $0 copays for preventive services. like an annual physical and most immunizations. you can also get routine vision and hearing coverage and a fitness membership. for prescriptions, you ll pay the plan s lowest price, whether it s your co-pay or the pharmacy price. or pay zero dollars for a 90-day supply of your tier 1 and tier 2 drugs, delivered right to your door. in fact, our medicare advantage plan members saved an average of over $4,500 last year. so call or go online today to enroll, and enjoy these benefits and more, like renew by unitedhealthcare, where you can learn about healthy living and earn rewards, too. your healthcare needs are unique. that s why, with over 30 years of medicare experience, we ll be there for you we can even help schedule your appointments. open enrollment ends december 7th. so don t wait another day. if you re medicare eligible, call now and talk to unitedhealthcare about our plans, like aarp medicarecomplete. let s get you on the right path. call unitedhealthcare or go online to enroll. everything your family touches sticks with them. make sure the germs they bring home don t stick around. use clorox disinfecting products. because no one kills germs better than clorox. it really is turning into a true fight. we got both nominees in the battleground with their running mates these final few days. hillary clinton has made campaign stops to florida 25 times to donald trump 37. she made 15 stops in ohio today. trump makes his 26th visit to that very posimportant state. trump travels there for his 24th time. clinton has made 15 stops in north carolina and donald trump of 21. the trump campaign relies on their nominee s star power out there, clinton has the power of the president and elizabeth warren and formal president, bill clinton on the trail for her. how is early voting coming out. we got our democratic strategist and peter hart. gentlemen, it is good to have you with us. we have 36 million votes are being cast. is early voting a good predictor when we get to tuesday evening for the results. well, you cannot use early voting to predict how people are voting. the most poimportant thing is lk what we are seeing in the electorelec electorate. so peter, the pulse captures something that cannot be determined by early voting data. the early voting data as steve says is exactly right. it tells you about the organization and that s going to make a difference on election day. you will learn that. the polls will cross section of americans. as we can see the election is very close and as you pointed out, thomas. you look at the states where hillary and trump are going and essentially what it shows you is michigan is going to account for a lot and they re closing out in pennsylvania. well, it is where they are going and going and seems to continue to make these trips to the same old spots. we are seeing wild fluctuations in polls. this is a good example of the washington post polls where we saw hillary clinton leading by 12 points and leading by two of the following week. what do you say of the volatility and what s driving? this is the strangest election cycle of our history and voters just kind of reacting to it. it is interesting though and i know peter knows this more than i do. i think that s important to keep in mind that we are fighting over four or faive states. really, it has not moved since labor day. this does come down to which one of these campaigns going to grind it out in four or five states. peter, are we going to see a total redefined and folks like yourself are going to look at this and wonder of 2016, we just got this new free press michigan polls. this was done on the first and the third, the four point margin of error, that s a tie. the fracture is within the blue wall and the blue fortress and how this can all flip and redefine for 2016. you look ahead and it is changing and donald trump made it change. he reached out the voters. he lost the expanding l electorate. the news that you bring out of the michigan poll is the best news that hillary clinton s campaign will hear today. and it will be maybe hopeful? the day is still young and we have seen a lot of friday s surprises. our strategists and our peter hart and steven shales. thank you gentlemen. the security that its plan to protect election day. says it won t let up for a while. the cadillac xt5. what should we do? .tailored to you. wait it out. equipped with apple carplay compatibility. now during season s best, get this low mileage lease on this cadillac xt5 from around $429 per month, or purchase with 0% apr financing. i am totally blind. i lost my sight in afghanistan. if you re totally blind, you may also be struggling with non-24. calling 844-844-2424. or visit my24info.com. they re planning unprecedented security on this year s election. cynthia mcfadden. officials in the department of the homeland security, military and the intelligence community tell nbc news the u.s. government is gearing up for an unprecedented effort to protect the country on election day. according to multiple intelligence sources, u.s. officials are deeply concerned about and preparing f some sort of cyber chaos next week. an attack on critical infrastructure including the u.s. power grid is one of three worse case concerned. so we have cynthia mcfadden, we should point out that there is no reus thomas hock the integrity of the vote itself. joining me is our executive director and an author of defeating isis. malcolm, thank you for joining us. how probable is this? well, it is a question of who s the actor that would want to do that or paralyze the united states. i have another book called the plot to hack america. that was oriented to russian te intelligence. they can do that and slow down the united states. the fundamental vote will not be corrupted. that s calculated on a white board there is this chaos and the noise that goes around it and gets people undone. what does the cyber community and cyber security expert is being enhanced to make sure that this is plausible. v verified russian intelligence and their version of nsa and the department of homeland security and the director of national e intelligence, all came together. almost all states and i believe 45 was the number of states have consulted with dhs which means national security agency is assisting as well and they are making secure that the computer switch actually tabulate the vote. the plot to do all of this. what security expert has to do to stay ahead of what could happen. that s what it is all about sfooch, we got to stay ahead of those of what cause the kay yochaos. we had this noise on the campaign trail saying that the russians may have something to do with it. you have to first believe that the enemy is out there and they re going to carry out some sort of a ferry s blood. if you don t believe that the russians have done this then you cannot make the offenses against the cyber weapon systems that they employ. that s what the states are doing now. they believe that russia and other actors can come in and interfere with the electorate. to handle it or shut off if they are attack. that s the big game. malcolm stance, thank you. i want to give you an update of the pulse. are you worried that your vote maybe compromised? even though it cannot happen but fears are real. 60% say yes and 40% say no, check out www.pulse.msnbc.com. tonight, who ll take the stage in cleveland to rock the boat for hillary clinton. the man on your left, jay z, will be there. what about beyonce? say no that it is not going to be beyonce. stranger things have happened before. one person cons to rally voters for clinton is her former boss, president obama in the final stretch before election day. i was working in the yard, my chest started hurting on very specific therapy. our individualized care model gives each lung patient specific treatment options with innovative procedures that are changing the way we fight lung cancer. we have excellent technology that will allows us to perform very specialized procedures for patients who have lung disease. to learn more about these targeted therapies and advanced procedures for lung cancer, as well as the experienced physicians who deliver them, go to cancercenter.com when he showed me the cat scans, i was so amazed. with this treatment, she had a dramatic response. call or go to cancercenter.com. cancer treatment centers of america. care that never quits. appointments available now. that he s almost done for his former secretary clinton this time in fayetteville, in north carolina. the clint the enthusiasm people have for president obama. here is the president in one of his two stops for clinton on thursday. if you are registered, you can vote right now. [ cheers ] there is early voting location just ten minutes away. our ron allen is in fayettevil fayetteville, the president is giving a lot of attention in north carolina. is he trying to do what can do for clinton what he could not do for himself. reporter: exactly, he lost in 2012 but he won in 2008. every vote counts. that s what the president have been saying there is numerous stops here. he s going to be back in north carolina, durham, on monday. debra ross is up, warming up the crowd. the president should be here in a moment. some of the people here have been waiting since 5:00 a.m. this morning outside in the rain for the president to get here. that s how popular he is here. you are right, at this point, the early voting figure, the african-american turn out is lower and the enthusiasm gap is that plclip that you just played, president obama gave the address of the early voting place. that s how intense it is and where they need to be. the other issue here is intense voting rights battle, there are thousands of people waiting for a federal judge s decision. 70,000 people have been purged. they want to vote on tuesday and they re waiting to get that right. that s the issue here. we ll see the president coming out there shortly. just a programming note for you. we ll have a one on one sit down interview with the president tonight. that ll air in with chris hayes on msnbc. blacks are indeed fired up. it is read wrong even if there is a slight difference between the early vote then and the early vote now. don t let that fool you. blacks are going to turn out on election day in north carolina. i can absolutely convince you, i hope i can of what i know and understand about the black community. not only the black community respect hillary clinton but believe in hillary clinton but they got a second incentive and that s we cannot tolerate donald trump. he s dangerous and we know that we got to stop him, we know that this country cannot be led by him. he s demonstrated who he is. and not only is he dangerous he has burglarized this campaign in the way that he has not only limited himself to a certain constituent. mariana had a chance to speak with running mate tim kaine about what perceived to be this slow start. take a look. well, it certainly started slow and a lot of states have done things since 2012 to make it harder to vote. we are worried about that. we are also seeing while the participation at some areas started a little slow, it is picking up. when we heard ronald talking about what s going on in north carolina with voting rights and a decision that s coming down. do you think in a larger scalp picture that the clinton s campaign have taken the black votes some what for grant it or is that a myth? that he is are remarks on the other side who s trying to convince black that they should not be so supportive. that kind of generalization does not play well with most blacks who understand the difference. democrats and republicans and certainly donald trump and hillary clinton. i would not pay any attention to that. the fact that the matter is, if blacks go to the polls, if there are any attempts from keep them voting. they ll get the ballot that ll allow them to vote so that decisions can be made on them later. i am not worried about that at all. what i feel in my heart is that blacks are goi to vote and they re going to vote in large numbers and they re going to get out in the polls and hillary clinton is going to win this election. all right, congresswoman, i want to get you on the record with this. the leak of the fbi, it under mind the clinton s candidacy. i think the disappointment in the fbi director is profound. i think that he made a mistake that he interfered with this election and he caused us to have a little bit of a pause and a little bit of a drop off that we have not recuperated from that. the leaks that have gone out and division appears to be in the fbi is unprecedented. nobody expected that you would have false information coming out of the fbi. rudy giuliani needs to be investigated also because he had a role in this. congresswoman, maxine waters, thanks for your time. you are so welcome. could she turn the tie in georgia? our new polls is showing the dead heat, our chris jansing is talking to the people at the polls, next. on this side of the road is virginia. and on this side it s tennessee. no matter which state in the country you live in, you could save hundreds on car insurance by switching to geico. look, i m in virginia. i m in tennessee. virginia. tennessee. and now i m in virginessee. see how much you could save on car insurance. or am i in tennaginia? hmmm. [dance music playing] [music stops] woman: looks like it s done. [whistle] [dance music playing] [record scratch] announcer: don t let salmonella get funky with your chicken. on average, one in 6 americans will get a foodborne illness this year. you can t see these microbes, but they might be there. so, learn the right temperature to cook each type of meat. keep your family safe at foodsafety.gov. our nbc chris jansing is in georgia speaking to the man leading the soul to the polls effort. chris, what are they say happening this sunday? reporter: well, they got ambition and some one saying at the ebony church in atlanta, that s turning out 100% of its parishioners. that s about 4,000 votes. obviously, it makes a difference to hillary clinton who s looking up to black votes here in georgia. joining me now is our pastor here, rafael, you can get 100% of your people to show up. listen, welcome to georgia and witness the georgia miracles. i am a preacher, somebody has to bring in the water. these people behind me are bringing in the water, our congregation showed up in a powerful way over the last few weeks. yes. this is ebeneezer s votes. i asked people who already voted to stand up on sunday and most of the congregation already voted. reporter: you think 90% so far? that s right, you are shaming the 10% that have been voting. i am shame lessly shaming people in the voting. it is that important. reporter: it is a one point race. what is it going to take in our mind for hillary clinton to pull it out which is what you want. we are in the margins of error. i think we can win, georgia is a blue state. we need people to believe and act on it. the signs so far are great. in 2012, we saw 1.6 million early voters. right now we are already at 2.1 million. we have not seen the full tally for today so i think the signs are good. we are seeing outstanding voter s registration and mobilization and education and that s the recipe to turn georgia blue and that has broaden implications for our polls. reporter: they could make record here that would be extraordinary given the fact that in most of the country the clinton campaign said look, we do not expect to hit 2008 or 2012 record, we like to keep it close here. it maybe a different story whether enough to turn the state, we ll see. chris, thanks so much. looks to be a beautiful day in decatur, georgia. one last look at our pulse question. we have been asking you of concerned hackers from russia may try to under mine our election. are you worried that your vote is compromise. check out the www.pulse.msnbc.com. it is time for your business of entrepreneurs of the week. meet wilmer in minnesota and a mexican immigrant and owner of la fiesta and this owner of a grocery store, they and others are bringing new light into this downtown. for more watch your business sunday morning at 7:30 on msnbc. watch for ideas to help you grow your business. or fill a big order or expand your office and take on whatever comes next. find out how american express cards and services can help prepare you for growth at open.com. find out how american express cards and services the wolf was huffing and puffing. like you do sometimes, grandpa? well, when you have copd, it can be hard to breathe. it can be hard to get air out, which can make it hard to get air in. so i talked to my doctor. she said. symbicort could help you breathe better, starting within 5 minutes. symbicort doesn t replace a rescue inhaler for sudden symptoms. symbicort helps provide significant improvement of your lung function. symbicort is for copd, including chronic bronchitis and emphysema. it should not be taken more than twice a day. symbicort contains formoterol. medicines like formoterol increase the risk of death from asthma problems. symbicort may increase your risk of lung infections, osteoporosis, and some eye problems. you should tell your doctor if you have a heart condition or high blood pressure before taking it. symbicort could mean a day with better breathing. watch out, piggies! 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replacement in sight. repeal and replace is going great. and racial bias, excessive force and reckless shootings. today s doj report on the chicago police department when all in starts right now. good evening from new york, i m chris hayes. there is just one week to go until donald trump becomes the president of the united states. he has not even taken office yet and already trump is historically unpopular. his transition, arguably clouded by more serious scandals and controversy than all eight years of the obama administration combined. as questions mount about the circumstances of trump s election and his alleged ties to a foreign adversary. democrats appear to be reaching a breaking point. in an interview with chuck todd, georgia congressman, civil rights icon john lewis became the first to declare openly what i believe many lawmakers have until now only suggested. i don t see this president-elect as a legitimate president. you do not consider him a legitimate president? why is that? i think the russians participated in helping this man get elected and they helped destroy the candidacy of hillary clinton. i don t plan to attend the inauguration. it will be the first one that i missince i ve be miss since i ve been in the congress. you cannot be at home with something that you feel that is wrong. that s going to send a big message to a lot of people in this country that you don t believe he s a legitimate president. i think there was a conspiracy on the part of the russians and others to help him get elected. that s not right. that s not fair. that s not an open democratic process. those are remarkable words given the moral authority and democratic witness that john lewis bore throughout his life. late today, the senate intelligence committee, of course, chaired by a republican, announced a bipartisan inquiry into the intelligence community s unanimous conclusion about russian s interference in the election including the criminal political hacking and the committee plans to interview senior officials of both the outgoing and incoming administrations, including the issuance of subpoenas if necessary to compel testimony. that s one of the shadows hanging over trump s transition to the presidency. until this week he rejected the findings of america s intelligence professionals choosing to pick an ugly fight with people he ll have to rely on as president. as early as this morning, the president-elect was still attacking the intelligence community while seeming to take russia at its word. he tweeted totally made up facts by sleaze bag political operatives, both democrats and republicans, fake news. russia says nothing exists, probably released by the intelligence, even knowing there is no proof and never will be. my people will have a full report on hacking within 90 days. trump was referring to the unverified dossier summarized in classified briefings to both the president and the president-elect. the dossier includes allegations the russian government possesses compromising material about trump and that trump team and the russian government exchange information during the presidential campaign. there is no evidence the dossier was leaked by the intelligence community. it was floating around a number of places prior to being published. trump categorically denies the allegations contained in the dossier but director of national intelligence james clapper says the intelligence community hasn t made any judgment that the information in that document is reliable. then there s the controversy surrounding fbi director james comey and his decision to publicly disclose information about the bureau s probe of hillary clinton s e-mail server including the now infamous letter to congress 11 days before the election. there is mounting evidence the letter did significant damage to clinton s chances and the fbi s conduct is the subject of an investigation by the u.s. inspector general that comes amid multiple reports that at the same time the fbi was investigating clinton it was also investigating the trump campaign for ties to russia. those reports haven t been independently confirmed by nbc news. at a senate hearing this week, comey was asked if the fbi was examining potential ties between trump s team and the russian government. has the fbi investigated these reported relationships and, if so what are the agency s findings? thank you, senator. i would never comment on investigations, whether we have one or not, in an open forum like this. did you answer senator widen s question that there is an investigation under way as to connections between either of the political campaigns and the russians? i didn t say one way or another. especially in a public forum. we never confirm or deny a pending investigation. democrats frustration with fbi director comey finally boiled over this morning after a classified house briefing on russia s alleged hacking. congressman tim wolz said i was non-judgmental until the last 15 minutes. some of these things that are revealed, my confidence has been shook. congressman markcatanho, i m very angry. congressman ted lew tweeted for members of congress who attended a classified intel briefing today, i reiterate my call that you demand donald trump tell the truth. reporters asked congresswoman maxine waters about what happened? reporter: congresswoman, can you tell us anything about the discussion? no, it s classified and we can t tell you anything. all i can tell you is the fbi director has no credibility. well, then. joining me now congressman tim walz, democrat from minnesota. do you share your colleague s assessment that the fbi director has no credibility? well, i have deep concerns, chris. i went in there listening and trying to find out. this is a serious attack on our democracy. that s at the heart of the story. we have a foreign power who attempted to undermine our most sacred institution of an election and i wanted to find out what happewas happening dur that time. i have a lot of questions that needed to be answered and the handling first and foremost of what the russians did, how it influenced our election, we can find that out. that s critical. it doesn t matter if you re a donald trump supporter or not, you want to know that, what have they done? the bigger question is were they handled are they handling these investigations equally. are they doing according to their operating proceed your on when they talk about it and don t? my frustration came nothing classified about it when it became apparent they were not handled the same way and that s incredibly frustrating because not just because of the election and the election results, it undermines the american people s faith in the non-partisan nature of our critical intelligence and that s what came out in there. i want to be clear on this and obviously i m respectful of the fact you re dealing with a classified briefing and would not want to talk about things but the source of the frustration is what you believe is a double standard or a poorly applied standard with respect to different campaigns and how possible investigations are discussed? yes. and i think that s a possibility until today that wasn t apparent to me. now it s gng to so you learned that today. yofelt like that was confirmed to you today that your fears about a double standard or a poorly applied one were confirmed? if they weren t confirmed i have serious doubts, my confidence was shook. i ve been asking for a more in-depth investigation into this as my ranking members and elijah cummings has. we need to know that. but, yesterday, coming out of there i don t think what should have been simple answers were not answered in a simple manner. the danger of this, chris, is again of undermining the public s credibility in this. i know those who say well, you re just upset with the election. in my district, chris, hillary clinton got 38%. she was not going to win that in there whether the russians hacked it or not, but that s not the point. the point is that they are no doubt they were involved. there s no doubt we have more to learn on that. but how we as members of congress and how the american public found out about that versus the e-mail situation does not seem to me to be consistent and i think that s real trouble and that s not in a defense of hillary clinton s use of e-mail which is i said all along needed to be looked at. so let me ask you this. given everything you ve told me i wonder how you whether you share the assessment of your colleague john lewis who said today on the record chuck todd is that he did not feel this president is legitimate. do you agree? do you think this president is not legitimate? no, i don t agree at this time and john lewis is an icon, i respect him greatly. he is shook on this, too. i would say i need to see more. i respect that next friday when we have an inauguration we will have president trump will be my president and as i said yesterday when he makes a good decision like his v.a. appointment of dr. shulkin i ll praise him on that. when he s not i ll work on trying to find common ground but at stake here is there s more to be learned and we can t be stonewalled on this and my fear is that the person who tells me with that information and i make my judgments on, i have a deep concern about now and that s why that was so damaging to me. since i ve been up here over the last decade, this was the most troubling to me in terms of what i had been led and the expectations and how that turned out and that s why we need more information. congressman tim walz, thank you. thanks, chris. i m joined by congresswoman barbara lee, democrat from california. my understanding is like john lewis you are not going to the inauguration. i wonder, do you agree with congressman lewis? do you view this president as not legitimate ? chris, let me first of all say i believe in the peaceful transfer of power and the office of the presidency. but when you look at the flawed process and russian interference in our election and when you look at what has taken place in terms of our democratic ideals, our processes, i have to applaud congressman john lewis because once john lewis says they are flawed or illegitimate, the elections were illegitimate or this is an illegitimate president, people have to pause and think about this because congress lewis is a moral leader, a civil and human rights icon and he did not make that decision lightly. i think the facts need to be laid out. we have a bipartisan commission, legislation led to really set up a commission to investigate this so when you look at what has taken place i have to say john lewis is right on target in terms of how this president-elect was elected and the interference and what took place as a result of these elections. even the fbi in terms of their bias and how they conducted these investigations, what was made public, what was not made public. people can decide for themselves but there are so many problems with what took place until once again congressman john lewis needs to be applauded. were you in that briefing today, congresswoman? yes, i was. did you share the it was sort of a fascinating scene afterwards. democrat after democrat coming out saying in very strong words how frustrated angered, how many questions they have. was that your feeling coming out of that as well? chris, i was angry. i wasn t frustrated because the facts leading up to today were very clear to me but when you d are in a classified briefing of course we can t disclose what we learned but my reaction was one of anger, i was very i would say upset with the fact that the american people need to have the facts made public. we need some transparency and we need this investigation so the public will know exactly what took place. so you feel there are important there are important things for the public to know that they can not or do not know at this moment? i think it s important for an investigation to be conducted that is public and, of course, there are going to be some issues that will be classified that cannot be disclosed but i think for the most part we need the bipartisan commission which the house is i think all democrats are on the legislation. we need that so the public will know exactly what took place and make their own decisions about the outcome of this election. all right, congresswoman barbara lee, thanks for joining me, appreciate it. up next, the trump transition is now admitting to nbc news that michael flynn spoke to russia s ambassador on the day the obama administration sanctioned russia for interfering in our election. the latest that have two-minute break. it s beautiful. was it a hard place to get to? (laughs) it wasn t too bad. with the chase mobile app, jimmy chin can master depositing his hard earned checks in a snap. easy to use chase technology for whatever you re trying to master. when you hit 300,000 miles. or here, when you walked away without a scratch. maybe it was the day your baby came home. or maybe the day you realized your baby was not a baby anymore. every subaru is built to earn your trust. because we know what you re trusting us with. subaru. kelley blue book s most trusted brand. and best overall brand. love. it s what makes a subaru, a subaru. amid mounting questions about potential leaks between donald trump, his inner circle and the russian government came this post from david ignatius from the washington post which seemed to be a remarkable revelation. according to a senior u.s. official, trump s pick for national security advisor, michael flynn, phoned the russian ambassador several times december 29, that would be the same day the obama administration announced the expulsion of 35 russian officials as well as other measures in retaliation for the hacking during the election. that report was followed up today by another from the associated press again citing contact on that day, the 29th, again sourced to a single senior official who may or may not have been the same person, we don t know. on a routine call with reporters this morning, transition spokesperson sean spicer offered a simple explanation. christmas day general flynn reached out to the ambassador and sent him a text and it said, you know, i want to wish you and merry christmas and a happy new year. the ambassador texted him back wishing him a merry christmas as well and then spently subseque the 28th of december texted him and said i d like to give you a call, may i? he took the call on the 29th and the call centered around the logistics of setting up a call with the president of russia and the elect after he was sworn in. this all seems completely innocent, above board. but there was something a bit peculiar i noticed about spicer s account. you note he cited two dates when flynn supposedly had contact, december 25 christmas day and december 28 but the white house announced new sanctions in response to russia s election sbe feer interference, december 29. that s the day that was alleged in the column. did flynn talk that day or not? this morning team trump told the post s david ignatius the only happened on the 25th and 28th the latter to off condolences for a plane crash. but then in afternoon nbc news producer vaughan hilliard caught up with spicer and he admitted there was a phone call on the 29th. reporter: on the 29th, the same day the u.s. expelled russian democrats and then a day later vladimir putin said he wouldn t push out american diplomats in russia. did general flynn have any conversations to indicate to the russian ambassador that the u.s. trump administration would either ease or roll back sanctions? the only conversation general flynn had was, one, to wish him merry christmas, two, to express his sympathies for the loss of life during the plane crash and to commit to establishing a call after the inauguration between the two leaders. obviously that choir plane crash was tragic and we know the trump team loves to say merry christmas but how many times can you call and text the same russian ambassador? joining me now msnbc terrorism analyst malcolm nantz and matt taibbi author of the book insane clown president. let me start with you matt and then go to you, malcolm. here s an example of the kind of thing we re dealing with. the facts are unclear and in dispute, they seem to move back and forth. there is at one level a totally innocent explanation. there s some business that has to happen between an incoming transition and the russian ambassador but then there s some weird documents around it. and you wrote this piece yesterday saying some line about how we going to get something more important than what we re flying through right now? there are two completely different narratives. there s one where basically the russians let s just say i mean the people that i talked to have a high degree of confidence they were involved with the hacking of the dnc e-mails and passing it on to wikileaks as well but there s a version where they do that and trump is basically the idiotic moronic beneficiary and wasn t involved in a conspiracy with the russians. we don t have any hard evidence that there s more than that. the thing of which there s the most evidence is the first order thing that they hacked it for whatever reason to sow discontent because they like trump, they hated hillary clinton. they want to sow division in the united states which all great power countries do. we do it. this would be an extraordinary episode but certainly there s no evidence that i ve seen that there s this other element where it s a manchurian candidate, there s a plot and that would be an order of magnitude much larger. and malcolm, i believe you are a you worked obviously in the intelligence community for years, you wrote a book about russia s involvement in this election and you are a believer large largely but what is the evidence there is aside we have this dossier but we can t verify any of it? i like to say this because matt s a great journalist and i love his work but matt is a journalist, i m an intelligence officer. i look at things differently. there is no such thing as coincidence in my world. coincidence takes a lot of planning. everything that happened with regards to that hack took place in an organized bubble that indicated there was a very large information warfare management cell being run by russian intelligence. all of the leaks came out precisely to support everything donald trump said within 24 to 48 hours he talks about pennsylvania, every pennsylvania dossier comes out. he talks about florida, every florida dossier comes out. when that wasn t flowing fast enough, d.c. leaks came out. all of this was on the basis of the systematic release of intelligence and that s what intelligence agencies do. here s the issue to me, malcolm. i hear you and i ve talked to intelligence people who keep saying the same things which that you have not been trained, you are not seeing the puzzle pieces fit together the way we have and i respect that. but the standard part of the problem we re dealing with is standards of different. so standard of public domain to say to someone, you know, matt, that this person is a foreign agent essentially or colluding, that is a very heavy thing to sate about a person, particularly the incoming president of the united states. what should the journalistic standards be? right now all we can say is there are people who believe that. that s what we can report is that there are people in the intelligence community who have apparently have indications that lead them to believe that but we haven t seen anything that allows us to say unequivocally that x and y happened last year. all we can say is there are analyses that show that they were probably behind the hack. so the question, malcolm, to you becomes can you imagine a world in which an unclassified version of evidence could be produced through a bipartisan investigation of some kind that could be entered into the public record that could make some determination that meets a standards for amateurs? for citizens? for democratic citizens in a nation who want to know what the heck is going on? sure. so long as we re not talking about the original hacking of the dnc. that evidence is unkwif kabl, on the internet, a company called crowdstrike did the analysis and saw the data being stolen. the question is about these links possibly with the trump team, the trump administration, that data i think you re probably never going to see the cia s report which was parallel written, published on the same day i published and came out with the same conclusions. you re not going to see that. after next week you ll never see that. but our allied nations this is the super bowl of intelligence crises. part of the problem is that it seems to me if this sort of attrition through leak the you think the leaks we are getting are coming from the intelligence community? no, i don t think a lot of them are coming from the intelligence community. especially with regards to that dossier that dossier had been out there for months. i spoke to david corn. but you have to understand, my book came out four months ago and it was unclassified. it didn t have anything to do with it. so the media takes longer to catch up because you have the two rule verification and things like that and information the just leaking out now about what we can see sort of nefarious, may have parameters leading towards sinister and questionable enough to demand investigation to determine if any of these people have links to moscow. the only thing i feel definitive about is there has to be an official commission in which things are systematically declassified, investigated and presented in some fashion we don t make democratic determinations and immediate determinations based on leaks and counterleaks. malcolm nantz and matt taibbi, thank you. coming up, as the ethical concerns pile up around trump and his cabinet nominees, how are the republicans responding? that story coming up. and ask if your heart is healthy enough for sex. do not take cialis if you take nitrates for chest pain, or adempas® for pulmonary hypertension, as this may cause an unsafe drop in blood pressure. do not drink alcohol in excess. to avoid long-term injury, get medical help right away for an erection lasting more than four hours. if you have a sudden decrease or loss of hearing or vision, or an allergic reaction, stop taking cialis and get medical help right away. ask your doctor about cialis. a body without proper footd needssupport can mean pain. the dr. scholl s kiosk maps your feet and recommends our custom fit orthotic to stabilize your foundation and relieve foot, knee or lower back pain from being on your feet. dr. scholl s. one of the very first things house republicans did when they came to work last week was to vote to gut the independent ethics office that polices their conduct. it seemed like a weird foot to get off on for a party that won the election with a promise from the nominee to drain the swamp. after a public uproar, the house gop beat a tactical retreat and promised to revisit the matter later in the term. it turns out it was just getting started. despite warnings from ethics watchdogs, despite past practice, republicans scheduled senate hearings for donald trump s cabinet picks even though several were yet to complete the background checks and ethics clearances that are customarily required. then there s trump s pick to head the department of health and human services, representative tom price who the wall street journal reports traded more than $300,000 in shares of health-related companies over the past four years while sponsoring and advocating legislation that could potentially affect those company stocks. today came reports that price got a sweetheart deal from a foreign biotech firm that could earn him a million dollars. trump, meanwhile, held a press conference on wednesday where he defied calls by bipartisan ethics watchdogs to divest or place his assets in a blind trust saying instead he would hand his business over to his sons, a relatively meaningless step that he nonetheless presented as a benevolent gesture. i could actually run my business. i could actually run my business and run government at the same time. i don t like the way that looks but i would be able to do that if i wanted to. trump s stance did not it is well with the director of the office of government ethics, walter shaub, and now republicans are responding to shaub s objections with a no so vailed threat, not against the president-elect, rather against the ethics watchdog trying to ensure he doesn t violate the constitution. jason chaffetz and the gop s ethical bullying on ethics next. . [dad] alright, buddy, don t forget anything! [kid] i won t, dad. [captain rod] happy tuesday morning! captain rod here. it s pretty hairy out on the interstate.traffic is literally crawling, but there is some movement on the eastside overpass. getting word of another collision. [burke] it happened. december 14th, 2015. and we covered it. talk to farmers. we know a thing or two because we ve seen a thing or two. we are farmers. bum-pa-dum, bum-bum-bum-bum has been a struggle. i considered all my options with my doctor, who recommended once-daily toujeo®. now i m on the path to better blood sugar control. toujeo® is a long-acting insulin from the makers of lantus®. it releases slowly, providing consistent insulin levels for a full 24 hours, proven full 24-hour blood sugar control, and significant a1c reduction. and along with toujeo®, i m eating better and moving more. toujeo® is a long-acting, man-made insulin used to control high blood sugar in adults with diabetes. it contains 3 times as much insulin in 1 milliliter as standard insulin. don t use toujeo® to treat diabetic ketoacidosis, during episodes of low blood sugar, or if you re allergic to insulin. allergic reaction may occur and may be life threatening. don t reuse needles or share insulin pens, even if the needle has been changed. the most common side effect is low blood sugar, which can be serious and life threatening. it may cause shaking, sweating, fast heartbeat, and blurred vision. check your blood sugar levels daily while using toujeo®. injection site reactions may occur. don t change your dose or type of insulin without talking to your doctor. tell your doctor if you take other medicines and about all your medical conditions. insulins, including toujeo®, in combination with tzds (thiazolidinediones) may cause serious side effects like heart failure that can lead to death, even if you ve never had heart failure before. don t dilute or mix toujeo® with other insulins or solutions as it may not work as intended and you may lose blood sugar control, which could be serious. toujeo® helps me stay on track with my blood sugar. ask your doctor about toujeo®. but my back pain was making it hard to sleep and open up on time. then i found aleve pm. the only one to combine a sleep aid plus the 12 hour pain relieving strength of aleve. now i m back. aleve pm for a better am. and they re absolutely right. they say that it s hot. when really, it s scorching. and while some may say the desert is desolate. we prefer secluded. what is the desert? it s absolutely what you need right now. absolutely scottsdale. a. i wish circumstances were different and i didn t feel the need to make public remarks today. you don t hear about ethics when things are going well. you ve been hearing a lot about ethics lately. walter shaub, director of u.s. government ethics delivered a speech decrying the steps donald trump has taken or not taken, he got a letter from gop representative jason chaffetz chair of the house oversight and government reform chairman who earlier this week vowed to continue his investigation into hillary clinton s e-mails. now chaffetz s letter was not a show of support to a fellow ethics watchdog, it was instead a threat. chaffetz accusing shaub of blurring the line between public relations and official ethics guidance hinting he may investigate shaub for speaking out about trump s conflict of interest. chaffetz, who demanded shaub appear for a closed-door interview cited a tweet storm from november in which shaub told trump oge is delighted you ve decided to divest your businesses, right decision. trump has done nothing of the sort but he s apparently done enough for chaffetz. it seems to me donald trump is bending over backwards to do everything he can but he has to abide by the law and he s exempt from most of these conflicts of interest so i thought it was very premature of the office of government ethics to be in the spin room saying hey, i hate this. democrats including chuck schumer responded to chaffetz letter with outright. mr. chaffetz s attempt to bully mr. shaub out of doing his job are absolutely despicable. joining me now, senator jeff merckly from oregon, do you share chuck schumer s asse assessment? this is a crazy situation. first the house tries to get rid of the office on day one then they attack the independent office of government ethics charged with making sure the conflicts of interests are eliminated for the president and people who are nominated for cabinet posts. boy the president himself held a press conference to say how much he was doing and it turned out his plan was as phony as his photo problems. he had these folders piled up saying these are the contracts i m going to divest but they wouldn t let the reporters look at them because they had blank paper in them and the plan was to put his sons in control of the business. does not eliminate the conflicts of interest. here s my question at a brass tacks level. the office of government ethics is an independent body. a fixed i believe five year term, the head of that walter sha shaub. what does the senate or congress do when day one donald trump fires him? he can t fire him on day one because of it being a five-year term but i must say it will be very very disturbing for a president to put someone in that office who isn t a professional committed to enforcing ethics laws and will make certainly make a lot of noise about it and consider where whether there s some kind of legislation we can pass that puts boundaries in place to back it up. what do you make of congressman chaffetz has carved out a role for himself in the house, the oversight committee. the idea behind the oversight commit see the a deep constitutional idea, the tension between article one and article two branches of the united states government that congress over sees the executive. do you feel that he is does he sound faith to feel that role as he talks about what s going on now? the best way to get the house republicans to attack something is put the label ethics on it. so it s not really it s oversight to try to destroyer sight. it s really unfortunate that they re not taking ethics seriously and it s happening on the senate side where they re trying to ram through nominees without getting the standard ethics report that mitch mcconnell himself demanded for president obama s nominees in 2009. are you confident all of those ethics clearances will happen before i know some of the hearings have been postponed. it did seem that was a mini battle the democrats in some senses won in so far as a bunch of those hearings have been postponed? it seems like we ve made some progress but i wouldn t declare victory yet because the challenge, for example, with devod devos is a vast challenge and she hasn t even submitted the paperwork yet. is the leadership going to say well she hasn t submitted the paperwork and we don t have the divestment plan but still we want her in the job and try to push it through? they may well do so and we ll try to stop it. devos, of course, nominated for secretary of education who is a billionaire, comes from a fantastically wealthy family, huge amounts of holdings and would have to go through a process she would have to go through a process that s insisted upon by law in a way donald trump wouldn t which is that she won t have any option, right, to pass over the family business to her kids or something, she has to divest and put in the a blind trust? this is that is the standard absolutely and by the way this should be the standard for the president and it s when we are pushing him to divest, we re doing him a big favor because when you own a lot of property it s very easy to be in violation of the constitution s emolument clause because all someone has to do is give you a sweetheart deal and there s thousands of deals his corporation is doing and you re in violation. senator jeff merkley, thank you for your time. you re welcome. still ahead, growing questions about republican plans to gut obamacare as repealed a vances in the house. plus, a quick check in on rudy giuliani is tonight s thing 1 thing 2 and that starts right after this break. liberty mutual stood with me when i was too busy with the kids to get a repair estimate. liberty did what? 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[ laughter ] he was reported to be a top candidate for secretary of state until he got passed over claiming he took his own name out of contention, then attorney general. there s probably that knows the justice department better than me, giuliani said at the time. but he didn t get that job, either. the former mayor receded back into whatever he was doing before he jumped on the trump bandwagon but now rudy giuliani has been given a job kind of in the trump administration. what s he going to do? well, i d tell you to check out his web site for a hint during the break but that s part of the problem. thing 2 in 60 seconds. does psoriasis ever get in the way of a touching moment? if you have moderate to severe psoriasis, you can embrace the chance of completely clear skin with taltz. taltz is proven to give you a chance at completely clear skin. with taltz, up to 90% of patients had a significant improvement of their psoriasis plaques. in fact, 4 out of 10 even achieved completely clear skin. do not use if you are allergic to taltz. before starting you should be checked for tuberculosis. taltz may increase your risk of infections and lower your ability to fight them. tell your doctor if you are being treated for an infection or have symptoms. or if you have received a vaccine or plan to. inflammatory bowel disease can happen with taltz. including worsening of symptoms. serious allergic reactions can occur. now s your chance at completely clear skin. just ask your doctor about taltz. so rudy giuliani, one of the earliest, biggest most stalwart supporters of candidate trump who seemed to be shoveled aside by president-elect trump has been now finally given an assignment. if you missed the big announcement at trump tower yesterday we ll play it for you now. basically i ll read you a little of the press release. president-elect trump is very pleased to announce former mayor rudy giuliani will be sharing his expertise and insight as a trusted friend coordinating private sector cyber security problems and emerging solutions developing in the private sector. so some cyber stuff. a role so diminished as the new york times described it, giuliani will from time to time hold meets with mr. trump. giuliani has his own consulting firm so this appears to be a nice had the president of the united states want to impress executives looking for a firm. it s an upgrade from the current situation. if any executives went looking for his firm today, this is what they find. his web sites have down all day after a report from gizmo doe that the security site is insecure as hell was using outdated free software and failed to follow even the most basic of security precautions that would be obvious to the most casual student of cyber security. companies in the country. after expanding our fiber network coast to coast. these are the places we call home. we are centurylink. we believe in the power of the digital world. the power to connect. and that s what drives us everyday. still trying to find how ara good site.going? they all.want.to. charge me. have you tried credit karma? credit karma doesn t do taxes. does credit karma do taxes? yeah, and they re totally free, so they ll never take any of your refund. oooh, credit karma.huh? we. probably still want those. yeah, good call. file your taxes for free with credit karma tax. friend when officers drove up, shined a light on him and ordered him to freeze because he had been fidgeting with his waistband. the man ran. the officers fired 45 rounds, including 28 rifle rounds, several rounds struck the man, killing him. officers found no gun on the man, however officers reported recovering a handgun nearly one block away. the gun recovered in the vicinity was determined to be fully loaded an inoperable and forensic testing determined there was no gunshot residue on the man s hands. chicago s independent police review authority, or ipra, which we have talked about on the show before, found the actions of the officers justified. this was not uncommon according to the report. in many of these cases, ipra generally accepted the officers versions of events which were later undercut by video evidence. another one, in one case officers justified using force by claiming a woman attacked them but in the video officers can be seen aggressively grabbing the woman, throwing her to the ground and surrounding her. after she s handcuffed, one officer tells another to tase her ten effing times. officers call her an animal, threaten to kill her and her family and scream i ll put you in a u.p.s. box and send you back toer the f you came from. officers can then be seen discovering a recording device and discussing whether they can take it. those officers didn t face any discipline until after the woman came forward with the surveillance video. justice department investigation also found routinely abusive behavior within the cpd, especially towards black and latino residents of chicago s most challenged neighborhoods. one officer said he referred co-workers and supervisors refer to black individuals as monkeys, animals, savages and pieces of excrement. it s a 13-month investigation by the u.s. department of justice, 160 pages long in which the federal government corroborates what people and reporters, frankly, in the most marginalized neighborhoods of chicago have been saying for years. and now, because of that report, the city of chicago has promised to reform the police department. we ll see how that goes. but all this comes because this justice department under this president has aggressively pushed for reform and investigated city departments. the man donald trump wants to put in charge of the justice department has a very different take. jeff sessions has criticized government lawsuits that force police reforms. so the question before us now is whether the next report into the next department like chicago ever even happen? 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(avo) ask about namzaric today. over the past 24 hours, house speaker paul ryan has been working around the clock to repeal the affordable care act as soon as possible. he led a successful vote, mostly on party lines, on the first step toward repealing the health care law through the budget process. he defended republican plans for repealing the aca to a man whose life was saved by the law. i was a republican and i worked for the reagan and bush campaigns. at 49 i was given six weeks to live with a very curable type of cancer. thanks to the affordable care act, i m standing here today alive. why would you repeal the affordable care act without a replacement? i would encourage you to go to our web site and take a look at our plan. ryan went on to talk about a number of policy ideas from high-risk pools to greater reliance on health savings accounts but if you took him up to go to the house speaker web site and looked at their plan, you d find four bullet points promising to reduce cost, shore up medicare with a link to a pdf which restates the same abstract and vague promises. after seven years of obamacare, more than 60 attempts to repeal it, thousands of campaign run against it across the country, that is the cutting edge of the republican alternative right now four bullet points. so what are the millions of people who ve gained coverage thanks to the affordable care act supposed to do while they watch this unfold? joining me now, former director of communications of outreach for hillary clinton jess macintosh and the author of overcoming obamacare, three approaches to reversing the government takeover of health care. phil, i want to start with you. obviously there are plans out there. lamar alexander talked about a plan, tom price who has been nominated for hhs but it s somewhat striking to me that all this time they didn t they knew this was coming. the fact there s not a plan saying, no, this is what we re going to do, not only that it was absent from the campaign. if you go back to 08, you can say obamacare you don t like it, you don t like the principles, but it was intensely litigated. you had a good sense of what the contours were going to be. i have no idea. the problem always has been not that there aren t any republican plans, there have been many, paul ryan himself when he wasn t in leadership released one, tom price had one, there s a number of different plans but republicans have never been able to agree on a single one and now that s coming back to haunt them. there s also the problem, it strikes me, jess, that not only do they not agree in congress, donald trump has made a lot of promises, he s talked about out-of-pocket costs. he wrote a book calling for single payer. do you think they can square the promises they ve made? i don t think they ll be able to do that. i think the republicans in the house and senate have made repealing obamacare a huge part of their agenda for years now. donald trump is new to this game. he doesn t the issue. he clearly doesn t understand the koun tours and what will be the controversial pieces of it and he seems to have no interest in working with the congressional republicans that will have to do the heavy lifting here. i hope they remember we started president obama s presidency by picking up this health care fight. it was not easy. the president spent enormous political capital getting this done because he believed not just in a set of principles but in how to do it and he worked with senate democrats to get it done. part of the reason it wasn t easy, easy, philip, is people don t like the status quo bias. people didn t like it then, they don t like it now, but i think a lot of people do like it that have gotten care. but change is scary. you ve written about the fact republicans are not being particularly honest about what their principles are which is yes some people are going to lose their coverage. absolutely. one argument i ve made is that republicans should avoid the same mistake as president obama. when he was selling the health care law as you said one of the problems was this status quo bias. people were worried about how it would disrupt their health insurance so he over and over again repeated the infamous talking point about if you like your plan you can keep it and you re not going to lose your das even though you know that and any intellectually honest liberal health care expert at the time would say look, if you re making major changes to the health care system it will disrupt some people s care. some people will lose coverage and he could have made the argument but ultimately the overall system will be better but he made these big promises and when the obvious happened and people lost their coverage and doctor networks got narrowed on all these changes disrupted a lot of people it was a huge problem for him and that s one of the big reasons why republicans have been able to capitalize and i d argue now control the congress and perhaps the presidency as a result of obamacare. and these broken promises. now republicans are also, i think, boxing themselves in the corner by making a lot of contradictory promises that won t actually bear out and i think that they should just be more honest and defend, which i think is a defensible position, repealing obamacare and replacing it with a market-based system. that gentleman that spoke to paul ryan last night, it strikes me he s a particular cancer and he was a former republican whatever but there s millions of people that are going to kind of discover they re in the cross hairs who may not have been activated for this fight before the election but may get activated afterwards. for sure. we re starting with only 18% wanting to repeal obamacare. you don t get to 18% with republican unity by any stretch of the imagination. there are a number of people, we ve seen it all over the internet as they ve picked up this fight, people saying well, i m on the aca, repeal obamacare, that s terrible, many i health care will be fine. they don t realize the aca and obamacare and whether that s the media s fault, the president s fault, whoever s fault, these people will know real fast that the obamacare is the aca and that s how they get their coverage. so if we re starting at a number this low, republicans are not offering people anything. they are simply saying repeal as if there is a mandate to repeal, as if people see repeal as something being done for them. there s a repeal to change. as opposed to being done to them. obama made it through this because he was offering more health care to people. i don t know what trump or the congressional republicans are going to be offering. very good point. philip klein, jess mcintosh, thank you for your time. before we go, one last special segment. both my kids are here and we have a house rule, they get to request any animal video they want when they re here. for my daughter, there s the black panther.
flight, an air canada flight, arrived in that very terminal on a flight from alaska earlier today, that he waited for his luggage along with the other passengers on that flight, that he retrieved his bags where he had checked firearms. these are firearms that you can legally check with the airline. and he legally was able to do that. he went to a bathroom, retrieved the firearm and came back out and started shooting. according to the initial investigations, it doesn t appear that he was targeting anyone in particular. he appeared to be shooting ram donnelly. there was no rym or reason to the shooting. but it appears that a lot of the people who he would have shot and some of the people that were killed might have been some of the passengers that were on this flight. again, he came on a flight, an air canada flight we re told, that came from alaska and landed earlier at ft. lauderdale international airport. again, this is a twist on something we ve never seen before. again, we ve seen shootings at airports where people come from outside the airport with firearms. you don t normally see somebody coming from an aircraft that s gone through security, again, with secured luggage. and then retrieving a firearm. this is not something that we ve seen before. again, this is still early in the investigation. there s still a lot of witnesses to be interviewed. there s surveillance camera footage to look at to see exactly how long this took. we don t know everything about his movements. again he appeared to arrive on this flight and then started shooting once he emerged from the bathroom. evan perez, stay there. i know you ll continue to speak to law enforcement sources here in washington. i want to go to cnn s boris sanchez, he is live at ft. lauderdale/hollywood international airport. i know that just after the shooting, there was a great deal of confusion and fear at the airport. we saw pictures of people after the gunman was taken, still running in fear. but now police are saying they re confident there was just a lone gunman here. that s right, jim. we actually heard from the broward county sheriff about 20 to 30 minutes ago and he told us that reports of a second shooter were unsubstantiated, they were simply rumors. we heard people screaming and running shortly after we saw a group of about six armed and heavily armed uniformed officers running across from terminal 2. this is terminal 2, this is where the shooting happened. this is the second floor. the shooting happened on the lower level in baggage claim. we saw the officers running across into these parking garages here and that s what really kicked off just panic here. there were people running in all directions from terminal 2 on to the runways from terminal 1, down here to where we re standing now, and then on to the runways. it was sheer chaos. things are much calmer now, but as the sheriff of broward county said earlier, this is still a fluid situation. officers from just about every jurisdiction and the southeastern part of florida are here. there are helicopters in the air, tactical vehicles as you saw a moment ago driving around. this is still an ongoing investigation. as you said, and as you heard from evan earlier, it appears that the shooter in this case arrived on an air canada flight, terminal 2 is the delta and air canada terminal, and then he apparently, sources say, went into the rest room, retrieved a weapon from his bag, and opened fire, killing at least five people, eight others were rushed to the hospital. there s no word yet on a motive. we understand that the shooter was put into custody without incident. he s being questioned as you said by local and federal investigators. one interesting point to note, especially because we saw so many officers go into these parking garages, i asked the broward county sheriff if, perhaps, they had identified a vehicle here at the ft. lauderdale airport that might belong to the shooter. he told me that at the time we were speaking to him he did not have a vehicle that belonged to the shooter that they were able to identify. again, this is a very delicate situation. still there are hundreds of people that are stranded. i believe we actually have one here now. sir, nice to meet you. nice to meet you. hear the initial shots. i heard the commotion. i was actually i just had back surgery and i was in a wheelchair and just had gotten through security so i saw the commotion and heard the people. i thought maybe just a fight or something had broken out at security. i actually was at the first gate that the wheelchair stopped at and got a call from my mom saying, what s going on. and i had no idea. i just heard the screaming. and not five minutes later, people came running down the hall screaming gun, gunman was coming. so everybody, you know, ran and luggage flying, purses flying, and i can t move very fast because of my surgery so i got up and started hobbling and all the restaurants were closing their cages and getting people into hiding places and a woman frozen kind of in the middle of the hallway and her child made it into the gate, so i took her into a corridor. we were stuck in that corridor about the last 45 minutes or so and then escorted out with guys with long guns and moved us away from the glass. so it does sound like maybe it was an unsubstantiated second threat. but people certainly weren t acting like it. ryan, it must have been horribly frightening for you, particularly you re injured. were people coming to your aid? what was the response from law enforcement and others inside the airport as this was happening? you know, a lot of confusion at first because people were aware that something has happened adjacent to us, but once everybody started running, i have to say the jetblue personnel, which is what i was flying, were great and the cops that came in initially the broward county sheriff local guys, they were great. i mean, since i was kind of stuck in a corridor with a woman who was frozen in fear, they just kind of guarded us on either side and stood there. and then like i said, finally escorted us out once some guys with long guns came in and they were homeland security guys, fbi, and now escorted us outside and kept us away from the windows. still see a lot of helicopters, lot of action but it seems to be calming down, but they definitely are still riding by with on the trunk of the cars with long guns out. so definitely not giving us the clear. in the midst of it i m told you shielded a child? there was a during the chaos? actually it was his mom. the child sat about ten feet from her and i handed the child to the chile s employee that was closing the gate quickly so they could hide and i ran back over, pushed the mom into a corner and laid on top of her. i m a big guy, so it was easy to cover her up. she was frozen. ryan, i m sorry you had to experience this, for anybody who went through this firsthand, but thank you for the help that you gave to others in need there. we appreciate it. i want to bring in the national security analyst julia kayyem, former assistant secretary for homeland security and phil mudd, a former cry counter terror aficial, tom fuentes, assistant fbi director with me here in washington. tom, a couple of things i would like to run by you in light of your experience. one, if you want to find a police with a big police presence it s, of course, america s airports today. this shooter struck in one of the least protected areas, in baggage claim, outside the security perimeter. baggage claim is open because people are arriving and may have luggage checked in. family members and others help them. they drive up and park, go to baggage claim, help them carry their stuff out. so yeah, they don t go through magna tumors to get in. you can have a threat from outside the airport easily or true in this case, if he had a gun in checked luggage, he can hide in a bathroom and go out on the sidewalk and come back in and begin shooting if that s what actually happened. julia kayyem, this is a situation, rare, that you have the shooter taken in custody unharmed. eyewitnesss have said that after firing these shots, he, in effect, laid down on the ground and waited to be taken. police able to take thhim, they say, with no shots fired. how unusual is that in your experience? it s very unusual for a preplanned attack. normally if this was something he flew across the country, at least from our understanding, you know, from alaska to florida, with a plan on doing this attack, you would think that his exit strategy was either to get out of the airport or to be killed. so this is very rare. so the other theory talking to law enforcement agents right now that i m hearing, the other theory is that something happened at the airport that triggered this, an altercation or something in baggage claim. those would be the only two theories, he didn t plan it, but he happened to have guns, or that the guns were, you know, sort of on the airplane and he planned to do this. because the rarity of getting someone who just sit downs and says here, take me away, has to be explained somehow and so those are the two theories of the case that investigators are looking at right now. and the suspect being questioned now. phil mudd if i can draw on your experience, i m told by officials that he had possible mental health issues, but, of course, it s early. the department of homeland security telling us there was no known motive at this time. tell us, if you can, the kinds of questions, the kinds of work investigators are doing now to figure out why he did this? first of all, i wouldn t be asking the question why at the moment. the first question is who. is there anybody else involved. was there a co-conspirator. if he s not mentally stable my first questions would be where are his friends, family, associates, does he have social media accounts that might suggest he was communicating to somebody about an attack. after that, i might get into motive. why did you do this. was it just a random act of violence. i m with juliette. this is odd you would bother to go across the country and buy a ticket to engage in a shooting incident at an airport against civilians whom you don t know. if you wanted to kill people why wouldn t you do it at the point of origin. a lot of unanswered questions. the first one, is there a single other person out there. that takes a while to figure that one out. tom, it is a way, though, to get a gun into an airport, is it not? put it in your checked baggage, legally check it, declare it, and when you pick it up you have a gun in an airport. i suppose you could walk into the baggage area as well because that s a place where, you know, there might be police around but you don t have to walk through metal detectors. hundreds of people travel legitimately with their firearms to go on a hunting trip or off-duty law enforcement or other military that may have weapons and check them in. there s procedures each airline has. tsa has for checking in a secure manner a firearm in your luggage, you know, making sure it has the right lock box and ammunition. the main issue is that firearm is not in the cabin. they re not in position to hijack the aircraft. when the plane lands they recover their luggage at baggage claim and once again they re reunited with their firearm. so yes, they could shoot on the front end of that through the detectors or ticket counter or on the back end when they recover it at the destination airport. julie ya kayyem, this is not the first time we ve seen shootings or terror attacks in that unsecured part of airports, remember look back at the istanbul attack a number of months ago in that area and the check-in area, outside of the security corridor, whenever that happens there s discussion why don t authorities move that cordon out further, right. is that something that homeland security has considered at various times and if so, why hasn t that step been take? well, it has been considered, but just to make it clear, so wherever you put the zone of security, there is going to be a zone of insecurity right next to it. you can move it out ten miles from the airport. mile 10.01 there will be insecurity. and the other aspect to this is, we are a global economy, global aviation. if you put too much security on any of these airports, you will i mean basically you re going to impede the movement of people and things. millions of people a day domestically fly and you re constantly weighing the challenge of security and flow. what we do see and i just, you know, to sort of say this looks like chaos, you know, look, sometimes there s organized chaos. this looks exactly how you would want it to look from a homeland security and public safety perspective. active shooter case you want people to flee. you don t want them to stay put. you have them shelter in place to ensure things are good. it looks bad but this is the way you want it to work because you want to protect people. you will never make the airports perfectly secure. a lot of it has to do with weapons and the achlts of weapons that are out there and so we shouldn t believe that if only we put the security, you know, further back everything would be okay. there s more we can do to protect these unsecured areas, but at some stage you will have an insecure area. juliette, tom, fim, stay there. we re continuing to follow this story and we will come right back to this breaking story. but first more breaking news. this is cnn breaking news. as i said, we have more breaking news on a separate story. one we ve been following for some time. the government has just released the declassified intelligence report blaming russia for cyber attacks during the 2016 presidential race. this has been a great deal of anticipation for this for some time. and i just want to draw your attention to a few headlines from this. it says that vladimir putin aspired to help donald trump win the election. that, the judgment of the u.s. intelligence community. i want to go to cnn s pamela brown who has the report. pamela, reading these pages here, first of all they make clear at the top, you know, that this is intelligence, it s classified, we can t lift the veil on everything, but we will in effect tell you as much as we can. that stood out to me. we assess that putin and the russian government aspired to help president-elect donald trump s election chances here. what other headlines come out at you from this report? well, it talks about the range of motivations here and as you point out, this report does not mince words. it comes out and says we believe vladimir putin med led in the election process and tried to hurt hillary clinton and help donald trump. it listed a few reasons why. one of which putin publicly pointed to the panama papers disclosure and the olympic doping scandals as ways that the united states was trying to undermine russia and so in the view of the u.s. intelligence, putin wanted to do this to get back at the united states. it says, he sought to use disclosures to discredit the image of the united states and cast it as hypocritical and it talks about why he wanted to undermine hillary clinton, saying he most likely wanted to discredit secretary clinton because he has publicly blamed her since 2011 for inciting mass protests against his regime in late 2011 and early 2012 and because he holds a grudge, he almost certainly saw disparaging against him. it talks about why the u.s. believes he tried to help donald trump. it says moscow saw the election of president-elect trump as a way to achieve an international counterterrorism coalition against the islamic state in iraq and it goes on to explain how the united states came to this conclusion. it says, we assess with high confidence that russian military intelligence, general staff main directorate, used the 2.0 persona and d.c. leaks.com as a way to release u.s. victim data. it says back in march that the military intelligence services stole these e-mails that we know were leaked from the dnc as well as john podesta, the clinton campaign chairman, and used this forum, the dcleaks.com and wikileaks in order to have the effect that the united states says russia wanted, which was to med dle in the process and help donald trump. it talked about the trolling operations, jim, and says it traced the likely financier of the so-called internet research agency, located in st. petersburg, russia, as a close putin ally with ties to russian intelligence. these are the troll operations that were apparently pushing out fake news. you heard james clapper say in that hearing yesterday that the russians were responsible for pushing out fake news against hillary clinton and the report says that is continuing to help this day and to expect more of this type of behavior from russia in the future. it also makes the point, i think this is important to emphasize and you heard this in donald trump s statement, there was no indication that the russians compromised or got involved in vote tallying. it said while the russian actors targeted multiple state or local electoral boards as we have been reporting, there s no indication that the russians got in there and actually messed with the vote tallies. jim? well, it s interesting that you make those points this was a comprehensive information operation. not just the attacks on the dnc, but also fake news, all intended it seems to sow doubt about the election. they made the point that the targets included associated with both major u.s. political parties. pamela brown, thanks very much. i want to bring in now california congressman adam schiff, the top democrat on the house intelligence committee. thanks very much for joining us this afternoon. you bet. good to be with you. so you have the advantage, of course, of having seen the classified version of this report as well, but without delving into the classified, now that this is public, what do you find the most convincing evidence to back up the intelligence community s assessment here? well, jim, the evidence is really what comprises the classified version and unfortunately i can t go into, obviously, paramount importance is protecting our sources and methods. i m sure the russians would like to know how we know the contents of what s been released publicly. i will say i ve been on the committee almost ten years. this is about as iron clad a case as i ve seen on any major issue. i think the intelligence agencies really did great work here and i think those findings are well documented and supported and i hope their presentation today to donald trump will cause him to change his tune about this because i think the facts are really undeniable. now, adam schiff, we have donald trump s statement, that followed his briefing earlier this afternoon we re told went for an hour meeting with top intelligence officials. in the statement, he doesn t say explicitly yes, russia hacked the election. he said while russia, china and other countries, outside groups and people are consistently trying to break through, he goes on to say, there was absolutely no effect on the outcome of the election. seeing donald trump s response so far, in your view, is that sufficient? i m glad you raised that statement. no, it isn t. in fact, that statement is demonstrably false. the report did not go into whether this russian action changed the outcome of the election. in other words, had the determinative impact on the election. that s beyond the scope of what the intelligence agencies look at. the fact that there was no evidence of tampering with machines, doesn t mean that it didn t influence the outcome of the election as donald trump has said in his statement. in fact, quite the contrary. the daily dumping of damaging material to secretary clinton was enormously consequential in terms of her campaign, was enormously beneficial to donald trump and to ignore that, or to say it didn t happen, i think is quite inaccurate. and all of this was, of course, enabled by the russian cyber operations. let me ask you this, because you have been pushing for action on this for some time. the obama administration has come under criticism from republicans certainly, but also from democrats, for not acting earlier. because it was a month before the election when the intelligence community as you know expressed publicly they had confidence russia was attempting to hack and influence the election with a focus on dmtsic party. do you believe democratic party. do you believe the obama administration waited too long to act on this intelligence? i do believe they waited too long to act and this was point that senator feinstein and i made when we released our own statement about the russian involvement in the elections even before the intelligence community did. nonetheless that doesn t let either the russians off the hook or anyone else and it certainly doesn t mean that democrats and republicans shouldn t come together right now to develop all the counter measures we need to confront this russian covert influence operation in the united states and in europe, and i think we need to develop stronger sanctions against russia on what they did already if we re going to have any hope of deterring them in the future. i think it s save to say looking at donald trump s statements so far it s not exactly a fulsome endorsement of the intelligence community s assessment and as you know, up until this morning, he was disparaging the intelligence and as you know as well, had he s also called into question the capabilities of the u.s. intelligence community. from your perspective what do you what does the american public need to hear from president-elect donald trump now after those expressions of doubts? well, what s really missing from the president-elect statements today is, not just he had a good meeting with intelligence officials, but that he has looked at the evidence he looked at it now in detail, he knows the sources of that evidence, and he has convinced he is convinced the russians did this and there is going to be a price to pay for, he applauds the measures president obama took and we ought to do more and we re going to prevent russia from ever interfering in our elections in this way again. he hopes to have a different relationship with russia, that s fine, but he cannot continue to deny what has taken place and that is i think what he ought to be saying to the american people. congressman adam schiff, thanks very much. thanks, jim. i want to bring in now former california congresswoman jane harmon who served on the house intelligence committee and now president of the wilson center. jane harman, thanks for joining. you know intelligence matters very well. in your experience, have you seen the intelligence community lift the veil to the extent it has on its assessment that russia hacked the election? i think this is unprecedented, and add to that, that yesterday, the senate armed services committee really on a unanimous basis, aligned itself with the intelligence community evidence that this was clearly a hack. it s not just a hack of this election in 2016, but it goes back a decade according to the portions of the report i ve been able to read. that s three presidential elections. and it also, let s add in france and germany, as other targets of russia. most people think that where vladimir putin goes next is angela merkel to destabilize the last of the old generation of leadership in europe. so, with these tools, unfettered, russia uses offensive cyber to basically, as i see it, undermine democracy in the world. it s very serious. and i applaud trump s statement. i heard adam schiff, who now holds the position i did for some years on the intelligence committee, but i applaud donald trump for moving in the right direction and hopefully he will move further. just one last comment, jim, as we watch these events in ft. lauderdale unfold, it should remind all of us how important it is to have seamless, connected intelligence. maybe we could not have found this particular person, but when you look at how this overlay of law enforcement and other response is coming together, lots of this has to do with the corrective actions we took in congress after 9/11. we re much better prepared. you make a good point there. again we don t know the motivations of the shooter in florida, it s too early but that s essentially the intelligence community s job is to find intelligence, prevent bad things before they happen. i want to quote from donald trump s statement the final graph here, he says that we need to aggressively combat and stop cyber attacks. i will appoint a team to give me a plan within 90 days of taking office. if you were advising the president and his team, what steps would you advise them to take urgently? i know many republicans are calling for more severe sanctions than president obama imposed. what would you recommend? well a strong response against russia, even stronger than president obama s, is the first thing i would do. but you have to be careful. if we get into a tit for tat and we do something aggressive against russia in the nature that they did against us, we re ratcheting up danger to us. i don t know that that s where we go. some of this could not doesn t have to be public. i do agree with donald trump that not every move needs to be advertised. that would be number one. number two, i would encourage everyone in america to use the strictest cyber hygiene. a lot of this could have been prevented at the dnc if they had had better hygiene. i know at the wilson center, a think tank, understand that think tanks are targets, we have very strict cyber hygiene now and we train our people on it. if they can prevent this stuff from coming in to the dotcom space and we can do better in preventing it coming into the.gov, and we re doing a better job of that, that s another defense that the trump administration ought to roll out as fast as possible. congresswoman jane harman, thanks very much. thank you, jim. i want to return now to our other big breaking news story this hour, a mass shooting at ft. lauderdale airport. five people are dead. eight others are wounded. the airport remains shut down. the suspect, however, is in custody. and sources tell cnn he had a weapon in his checked bag, which he retrieved when he arrived there at ft. lauderdale. i want to bring back cnn justice correspondent pamela brown, she has new information on the shooter. what are we learning? we re learning, jim, investigators are looking into a possible altercation on the plane that the suspect was on from an core rage, alaska, to florida. there are been claims by witnesses, by some of those on the plane, that the suspect esteban santiago got into some sort of altercation on the plane with other passengers, and as we know, after he got off of that plane there in ft. lauderdale, he went into his checked bag, once it came through baggage claim, pulled out the gun that apparently he had filled out paperwork and declared before, and then opened fire, killing five people. we are still trying to get more information about this altercation and, of course, investigators, want to verify it. oftentimes as you know there are witness accounts, they want to corroborate that. the initial reports are that investigators are looking into this possible altercation between the suspect and passengers as a possible motive there for the shooting and in baggage claim at the ft. lauderdale airport. pamela, that would be enormously important, because it would imply, we want to caution our viewers these are early reports and facts, not conclusive at this point, it would be an indicator this was not previously planned. right? right. that it was more spontaneous, perhaps, a reaction to what happened on the flight? and that s exactly what investigators are looking at because, of course, when anything like this happens you want to figure out is this terrorism or some other motive at play here, some sort of issue, and so that is why this is a critical piece of evidence that investigators are looking at or claim i should say from the witnesses, this possible altercation may be one of the reasons, as you point out, sometimes there s multiple factors, but one of the reasons at least why he got off that plane and went into his checked bag and pulled that gun. we also are learning today, jim, that the suspect apparently was in the military. we know we heard from senator nelson earlier he had a military i.d. they were trying to verify the authenticity and we are told from our sources that, in fact, he was in the army. no criminal record we re told. we re trying to piece together more about the suspect or more about him, and that s the very late west he know right now. pamela brown, thank you very much. law enforcement officials saying there was some sort of altercation with the suspected shooter on the flight and after that altercation he went and retrieved the when and fired in the bag am area. i want to bring back julia kayyem, phil mudd and with me in washington cnn law enforcement analyst tom fuentes. with that new information, tom fuentes, possible altercation on the flight, what does that tell you at this stage. at this point we don t know who he was having an argument with. did he know them before. is this a group of people who were already friends or went hunting together or something and had a previous argument, continued on the plane with each other and then he continues it afterward when he has the firearm, or are they complete strangers and argued about overhead bin space or some other issue on the plane. so that will be determined hopefully pretty soon by the fbi and police that are doing the interviews of him as well as the passenger witnesses as to and the victims who he was arguing with. why were you arguing. what was the cause of that. julewel julia kayyem, airpor are tense places, it can be a tense time. that is an argument for not allowing people to even check weapons when they travel? well, it will be very difficult. people carry weapons for a variety of reasons, hunting trips, or they re moving and need to move their lawful weaponry and so i think the clear thing that we re all picking up on now, it s still undetermined whether he entered the flight with the intention to do this in ft. lauderdale or if something triggered him. and look, something could trigger anyone in an airport and they could be armed even if they weren t a passenger and just come in through baggage claim. so we have a lot more to determine at this stage, but i have to say, the protocols for putting guns in checked baggage are pretty strict. you have to show that the gun is lawfully yours, it can t, of course, be loaded, you have to fill out forms and that s actually part of the security process that someone like me never worried that much about and we just have to determine whether this was someone who used a potential loophole to attack an airport or actually was someone this could have happened anywhere. he s deranged or has mental issues and used a gun in his possession to kill people at an airport. to be clear, you may know this or tom, you can check both a weapon and ammunition? yes. tom fuentes shaking his head yes. yes. if you re going on a hunting trip you will have both with you when you arrive at the destination. the fact that he s coming from alaska might be why he was there. we don t know. that s exactly what i was going to pick up on. hundreds of thousands of law enforcement personnel who often travel with their weaponry. you have to fill something out. it s a protocol under the faa and tsa. you have to fill something out. you can t just do it. nonetheless it s a common procedure for people who own guns. phil, phil mudd, i know i m asking you this with a handicap because it s early, i m just asking you in light of your experience as a profiler, you look at this person here, altercation on the flight, carrying a weapon, but also other things like shooting and killing, and then laying down, letting himself be arrested, as you look at that early and incomplete picture what do you take away? as somebody in the counter terrorism business let me take you behind the door for a moment. the first thing people in my business think about they hope it s not terrorism. you know, in some ways if you have to rank incidents of tragedy and violence in this country, as soon as you get an incidence of terrorism you re saying who organized this is there an immigration issue, connection to isis. if we have someone that stepped off the plane, what i see in the initial stages of this, is an individual who doesn t show the characteristics of the people i used to worry about when i chased terrorism. we talked about, for example, lying down on the floor. the people i chased typically would want to have enough ammunition so they went down in a fire fight with law enforcement. that was not a suicide operation. that for them was a martyr dom operation. i look at this and say i think we might come to a conclusion over the next hours it was just one of those tragedies where you say i m not sure there s anything you can do. and just for the sake of our viewers, that word terrorism there. we don t have any evidence yet and no official has told me at this point. the official word we re hearing from multiple sources is no known motive at this point although the newest information there was an altercation on the flight could be indicative. i would like to make a distinction. we haven t seen this because we re always broadcasting about terrorism events and jihadist events typically they re not taken alive. state and local police will tell you, i was a street cop six years, there are plane situations police arrive, someone has shot their family dead, thrown the gun down and surrendered or committed in other serious crime with a firearm and when police arrive they surrender. so it s not uncommon in general circles even if we think it s uncommon in our circles. julia kayyem, as we re looking at this as well, what are the missing pieces at this point that you ll be looking for? the unanswered questions? well, during the press conference i thought it was interesting and this just having seen so many of these, the extent to which they are going to shut down the entire airport. that s, you know, that s better safe than sorry at this stage. they need to reopen it relatively soon. it s a major airport. and the faa and it tsa are working as we ve heard already to divert everything. you will start to see a slow reopening of different terminals. that s part of the protocol. the unanswered questions i have is just the basic one, is essentially was this a cross-country from alaska to florida flight which seems less likely to me or an altercation where he happened to have a gun. we don t know much about the assailant at this stage so we want to learn more. i have confidence that they believe, that the officials, just based on the press conference, they believe it s an individual assailant who got triggered by something only because they seemed quite confident and they wouldn t be, that the imminent threat was now over. juliette, phil, tom, stay there for a moment pap back to the scene of this shooting rampage, ft. lauderdale/hollywood international airport. boris sanchez is live just outside. boris, what are you seeing in the last few minutes from your vantage point there? jim, we re just waiting for a press briefing from the governor of florida, rick scott, set to start in about ten minutes or so. we ve seen several helicopters circling overhead. broward county sheriff s and others. as we heard from the sheriff of broward county, about an hour or so ago, this is still a fluid scene. it does seem, obviously, like it s way more under control than it was just a few hours ago. they just put up that yellow tape. we re seeing a very large law enforcement presence from all over the southeast part of florida here. the difficulty now is in canvassing all the passengers and people that are still here on the scene. there are several hundred people that can t go anywhere because the airport is shut down. and as you can see behind me this is terminal 2, this is where the shooting took place on the lower level in the baggage claim area. this is an air canada and delta terminal. and just to give you an idea this is the second floor, this is where the de par tours leave. the lower floor, the baggage claim area where the shooting happened is the arrivals. still, so much to piece together in this. one thing i did want to point out i asked the sheriff of broward county perhaps they identified a vehicle belonging to the shooter here at ft. lauderdale international airport. he told me they had not. we did see a large group of officials heavily armed going through the parking structure, so we were he still trying to figure out exactly what details might give us an idea of what was going through the shooter s mind and if this was something that was planned or if he was responding to an altercation on the plane as some of our sources have been saying. boris sanchez on the scene. joining me on the telephone is senator marco rubio of florida. senator rubio, thank you very much for taking the time. thank you. thanks for having me on. a terrible situation. our thoughts with you. a tragedy in your home state. if i can begin, can you tell us if there s any uptated information on the shooting? what can you tell us? well, i want to be very cautious about what we share because i think it s a fluid situation. i think you ve already probably reported the name of the assailant, i think you ve reported. there are still some questions whether it s clear he was an inbound passenger. that seems to be some confusion as of 15 minutes ago still among the agencies about whether he was inbound on an international flight or domestic flight but from outside the continental united states. i think, obviously, the other thing that s going on and you re probably seeing images of it, is they re just trying to make sure this thing is finished. there s always this concern if it were some sort of coordinated incident you would have one attack to draw in first responders and law enforcement and the secondary attack to target them. we know those are tactics that have been discussed in the past. that s part of what you re watching. then it goes to preserving evidence because if, in fact, this turns out to be a domestic prosecution they have to be able to prove it in court. so all of that is going on simultaneously. even as they are trying to run as much information as they can about this individual across data bases to try to begin to piece together what happened here. are you seeing any information, any indication, this was a coordinated attack, beyond a lone gunman? no. as of now, nor have any of the agencies indicated they suspect it. they ve got to rule all of that out. they will take every precaution on the ground. our immediate interactions with the fbi concluded that while their involvement because of the investigative capability and because it involves abation there could be aviation there could be federal criminal violations here, in fact there no doubt is, they do not at least initially see this as some sort of an act of terrorism in terms of what we normally associate with terrorizing. as of this moment anyway that s not the way they re approaching it. i m not sure they ve ruled that out. they have to gather information. we know throughout as we ask you these questions, it s early, the picture incomplete. we re hearing from law enforcement sources here in washington that this passenger had witnesses say he had some sort of altercation on the flight before he then retrieved his weapon from his bags and then carried out his shooting. are law enforcement sources there telling you any more about that? whether they believe that was the motivation? well, i m not prepared to say that was the motivation. i know that was mentioned as a potential cause and they wanted to kind of look into that a little further and get to that point. i think what they ll probably be troubled by the attack did not seem targeted at specific individual, but rather just kind of widespread across the baggage claim area. but that was, in fact, one of the potential causes that was brought up among several others. but we re not trying to be evasive. i certainly am not. truly they don t know. just a few hours removed from this happening and they have to piece all of this together before they know more. one of the things that s unusual about it is, if you wanted to shoot up the baggage claim area of any airport in america you don t have to fly there on an airplane, check it in your bag and wait for the bag to come out. you can just drive up, walk in and do it. so i think that s putting some doubt in their minds about premeditation in terms of that being a specific target. but again, we ll learn more, i imagine, over the next few hours and days. we know the name or multiple sources have told us the name esteban santiago. we re also told that he had a military i.d. on his person. i m curious if you know any more about his background? for instance, whether he was an active or former military service member? no. i can tell you that is the name, the name that i ve heard from multiple sources now and the military i.d. component. i did ask the question whether it was an active military i.d. and they didn t have the answer at the moment. i asked local law enforcement, the first to kind of move on that front in terms of identification. my understanding he is in custody and injured, so i imagine he s been transported to a medical facility. i don t have any more. i would say one thing the name, if you ran that name on just a public data base, obviously, without knowing more about who it was that s not an uncommon name. esteban is not an uncommon name. spanish. and santiago is not an uncommon name. it s not garcia or perez but it s not uncommon. i imagine they re trying to make sure they have the right person. through that i think the passenger manifest from the airline is probably brought into some high level certainty at this point. as of now there s nothing in what they know about this individual that has led them to change any of the assumptions that i ve outlined to you earlier here in this conversation. well, senator rubio, we thank you for taking the time and we re sorry that you and your state have to have experience violence like this. well just know that our thoughts and prayers are with the families of those that have lost their lives and several others that have been severely injured and as a result of this attack and we pray for them and hope that they will be able to make a full recovery. no question. we ll be thinking of them as well. senator rubio, thanks very much. thank you. i want to go to cnn aviation correspondent rene marsh. rene marsh, can you tell us what you re learning most recently about the shooter and the investigation so far? well, just to reset, jim. we know the name of the shooter is esteban santiago as you ve been mentioning there. he flew from alaska to florida. we do know, again, that gun was checked in his checked luggage. he had declared that weapon. and then he retrieved that weapon and that s when he opened fire after getting off of his flight. now, you know, many people may not realize, but he went about this all very legally. tsa rules are very clear, they state what the rules are for carrying a gun on board. you can legally carry a weapon as well as ammunition only in your checked luggage. you cannot carry that in your carry-on luggage. that s exactly what this individual did. however, when you do carry it in your checked luggage, it has to be unloaded. it has to be in a hard, locked case. and again, you have to declare it to the airline at that ticket counter. so to our knowledge, this traveler, esteban santiago, did all of those things and he did all of those things very legally. however, you have a problem which we ve talked about time and time again, with these airports, we saw it happen in istanbul where you have the soft targets of the airport that essentially if you talk to any law enforcement official, it really is virtually impossible to get the vulnerability down to zero. anyone will tell you that. and so this particular area where he opened fire, the baggage claim area, of the airport, wit yit was not by the checkpoint that is considered the soft target and he essentially took advantage of that and that is why we are where we are where the latest numbers are that five people had been shot dead an and we do know eight were transported to the hospital. to be clear we re showing live pictures there. we continue to see police activity on the tarmac. even on some of the highways leading into the airport terminal there, blocking traffic, et cetera. but also to be clear, a little less than an hour ago, police said they believe there is no active shooter still present, that it looks like this shooter who is in custody acted alone. have they changed that assessment? are they still acting as if there could be other assailants there? well, when we did get that update they did tell us that they had cleared everyone out of that vicinity because they had their s.w.a.t. team coming in and they were their s.w.a.t. team was going inch by inch throughout that area looking for others, potentially, but they did say they strongly believe they had their one shooter. however, they want a sterile situation so that not only can they make sure 100% that the threat is gone, but also looking for evidence because they need not only physical evidence, but, of course, they re going to want to look at that tape as well, that tape is going tell a lot as far as how long did this all go on. that tape will tell them exactly where he was standing, who he was aiming at, how he went about this as he opened fire on these innocent travelers, jim. rene marsh, thanks very much. please stand by. i want to bring in niegel nelson, he was there. he heard the gun shots as he waited in the security line. niegel, you think you may have been close to the shooter as this happened? pretty close, actually. so i was in the line waiting just about to step through the screening area when we heard the shots and there were people running behind us and screaming, security personnel screaming run run run. we ran. we were led out by the flight attendants and so on on to the tarmac. there we waited until about an hour or so when we got information as to what was happening. they tried to provide refreshments. i understand you may have heard more gun shots following that initial round of gunfire? this was about say 45 minutes to an hour after we were on the tarmac waiting when they got us all together and said that they they ve pretty much secured the building or secured the terminal and they were trying to get us inside. get us back inside. understood. that s when we heard shouting and screaming again and people started scurrying away. i heard at least two more shots. then, of course, we started running. i understand in that panic, you lost your shoes, just a sign of how quickly people had to get out of there? well, actually, i was, like i said, i was just about to step through the security screening. i put my shoes, phone, wallet, all my belongings into the trays. they were able to go through. that s when the shooting started and that s when everybody started running. i had to run without even a belt on my pant, with everything. i just had to run. now what are you seeing there right now, as understand you re still at the airport? i m still at the airport. we re i m in terminal d. terminal 2, section d6. we were let back inside. we re told they re doing some amount of checks still. they did confirm with us a while ago that they saw or they phoned found something suspicious and they re going to do a controlled explosion within five minutes or so, so the announcement just came over to tell us that we shouldn t panic or anything. so we re still waiting. they the security personnel they re moving around trying to keep us calm, trying to, you know, give us a sense of security and all that. well, thank you very much, niegel nelson, we here at cnn are glad you re safe. we want to go back to evan perez. i understand you have new information? you re welcome. all right. the fact that the suspect had with the fbi in anchorage alaska, recently about a couple months ago, he showed up at the anchorage office of the fbi and apparently exhibiting sh some kind of mental health issues. there was concern there. local authorities or himself. at some point he has checked into a local mental health institution according to officials we ve been talking to. this is still part of the early investigation still putting together a picture of exactly where he s been, what exactly might have led up to this shooting. but what we re beginning what s beginning to emerge is a picture of somebody who was exhibiting some kind of mental health illness, issues. he apparently checked himself in or voluntarily was checked in to a mental health institution there for some treatment. after he showed up at the fbi office in anchorage, alaska. after that, we don t know what happens next. we know that he did get on a flight from alaska and was flew into ft. lauderdale today. earlier we i think mistakenly said he had come through canada, but i think partly because of some of his initial interviews and statements to investigators, in which he indicated that he had come from canada. we now know that he, indeed, had come from alaska, had flown into ft. lauderdale airport earlier today, before he started carrying out this shooting. again, mental health issues is the picture that s emerging here from this suspect. that s right. i heard similar from u.s. officials earlier. evan perez, thanks very much. tom fuentes with me in washington and phil mudd still on the line. tom, as you listen to that, we re beginning to get a clearer picture perhaps of the suspect and the shooting. it could be serious mental health problems. we don t know the cause of it. you know, we ve had other incidents where somebody severely mentally ill does have access or owns a gun. which apparently is the case here. but you have situations where if somebody already owns a gun and then later gets mental health treatment there s no real way to find him and take the gun away. that s the possibility in this situation, he developed this problem mentally after he already owned the sgloon it s an issue that comes up so frequently with shootings that we cover, mental health, and that s one issue you hear from republicans as well, maybe they need to address the mental health issues as tied to gun violence. phil mudd, a lot of experience profiling bad actors tell us your view as we hear more information about the suspected shooter? i would step away from this and i think we will come up with the unavoidable conclusion we have another tragedy in america that s not preventable because we have someone that has mental health issues who didn t intend before he got on the plane on killing somebody. two quick things. did anybody know before he got on the plane that he had anger issues that might manifest themselves on the plane and did he talk about an incident of violence. my guess is no, but guess is not good enough here. there s a second bigger question. is there anything we can learn? we re talking about the issue of how do you think about someone who goes into mental health treatment who has access to a weapon. i think you to do an after action here but i m afraid we re going to step away and say in the america of 2017 this is just going to happen periodically. sadly, we come on the air with stories like this more often than we can coun. juliette kayyem, based on evan s information, the idea he arrived on ap earlier flight than we believed initially, and might have had some time to think about this before he acted? that s exactly right. what i m picking up on phil s point. what are we going to learn from this? obviously, you know, we have another major mass casualty shooting and there are debates, political debates, about guns and access to guns, but the other question i have, is if there was some sort of altercation or disturbance on an airplane, or around the airplane, what did officials at the airport, certainly plenty of them, whether it was at airline industry or tsa or local or state officials did they do anything or what did they do? i m curious about that only because we have to train these officials to be able to deescalate problems in a world in which we have too many lots of arms and unfortunately untreated mental health issues. and so that would be one of my takeaways from this as we started the hour, you know, i said this was a suspicion, that this was someone who got on a plane and didn t intend on doing this. and how can we deescalate these situations before they lead to a tragedy like this. just to reiterate some of that new information, learning now that shooter, one, had previous contact with the fbi, he was known to the federal bureau of investigation. two, that it is believed that he had mental health issues, possible mental health problems. in addition to that we learn as well there might have been altercation on this flight, an immediate perhaps triggering event. right. at this point we need to do the investigation. we need to find out what exactly happened. to the extent we can know it. we may never know what was inside his head that caused this to happen. and, you know, what his background is. so it s going to take more investigation to even have an idea of what happened here. tom fuentes, thank you. new information that being a photo of the shooting suspect here. i m going to go to our evan perez. that s right. this is a photo that we have of the suspect. you know, there was not a lot of we checked his criminal background. not a lot in his criminal background. very minor stuff that he that showed up in the records. and so this indicates that, aside from this recent visit to the fbi office in anchorage, alaska, there s really not much contact that police have had, law enforcement has had with him. we re told he has not shown up on any radar of anybody who is potentially extremist or radicalized. that s one of the first things unfortunately these days that law enforcement does when one of these cases happens, they check to see whether or not there s anything that comes up with regard to extremism. we haven t they haven t found any indication of that at this point. again, very few very minor criminal history is what we have in his background. and apart from just a couple months ago showing up at the fbi office in anchorage and exhibiting signs of mental illness that appears to be the extent of the law enforcement contact. significant law enforcement contact that this suspect had until today. jim? you re looking at the face there in that photograph of esteban santiago, the suspect in