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And starting with a stronger negotiating hand next time. so you're right that the government shutdown of 1995 and '96 were over spending. this time democrats are not fighting this over spending and are simply trying to tell republicans, tell the faction of conservatives in the party that they cannot use these fiscal deadlines as leverage and sort of try to extort democrats into doing things they don't want to do. >> our agenda panel today, sarah kliff, sa hihil and victoria, tk you and we will be right back. staying active can actually ease arthritis symptoms. but if you have arthritis, stayin...

Bartering chip for the death penalty coming off the table. if he has more information that the feds are interested in, if he gives everything up at this stage, he is now has a very weak negotiating hand. so these days and hours here whether he's speaking or not will ultimately be critical not in the case against him because that's probably a win for the government, but in his ability to negotiate whether he lives or gets the needle. >> i want to bring in professor dershowitz, alan dershowitz, and also our senior legal analyst jeffrey toobin as well. i want to repeat for those who may be tuning...

The problem. the outgoing member, the nrc, head of of the nrc, pete sessions saying, there's no appetite for that type of talk. what's interesting, martin, if you go back to 2010, the last lame duck, speaker boehner actually stepped in it when he was on "face the nation" and he said i would accept if it was the only thing i could get saving tax cuts for those making $250,000 or below. republicans were upset about that. he had to walk that language back. now you see the language is all or nothing on the bush tax cuts. >> and yet, luke, we have had an election. we have had exit polling. we have ...

Have not paid for iraq and afghanistan. and i realize that was on somebody else's watch, but the bar tab is there now. if it's about revenue and the republicans reject, where does that leave the negotiating hand for the democrats in the future? >> let's come back on january 3rd and let's talk about what we're going to do because everybody will be paying clinton-era rates then. that would create $4 trillion of deficit reduction. that's probably a little too much out of revenues over the short-term so let's go back to child tax credit and some middle income tax relief and that, but let's keep a ...

Tax cut that helps working families. they weren't on board as being with it originally. that hurt them a lot. this was really their way to strengthen their negotiating hand. they're trying to say in this bill is that the president should make a decision on the keystone pipeline within 60 days. not that it has to happen, but within 60 days. emmanuel cleaver, the head of the cbc congressional black caucus on morning joe said he might view a deal with keystone pipeline as being somewhat okay, not necessarily he would like to see a jobs bill with a payroll tax cut extension bill. it will be intere...