barking dog and that appears to be what alerted the hostage s captors to what was going on. during the firefight that then followed, u.s. forpdss saw a militant go into the shack where the hostages were being held. it is believed that is when he shot both of the hostages, both of them died as a result of those injuries, as u.s. forces were transporting them away. u.s. intelligence did not know the identity of the other hostage being held with somers. he has since been identified as south african teacher pierre korkie. a char that worked with korkie says he was due to be released today. to discuss this and many of the other top stories for the week, joined by our panel, bring in democratic strategist basil smythe, jr., political consultant and former adviser to mitt romney, cater packer gauge and msnbc correspondent, casey packer hunt. obviously on this hostage story, we are learning the details, obviousiously a heartbreaking story, another report i know in the new york times this morning that apparently the south african who was being held about this american, this charitable group he worked with saying it had reached a dell for his freedom and obviously, that was destroyed by all this, too. another piece in it as well. just goes to show you i think that there was a failed mission a couple of weeks ago. all of these captors that isis has right now, the attempts to get them out, just how difficult it is to get any of these people back. and the obama administration has announced that they are going to review u.s. hostage policy, in part, because they have faced some criticism from the families of the people who have been held hostage and ultimately killed by isis and other groups much the one thing that the americans say they are not gonna change is whether or not they will pay ransom for a hostage and it sounds like from that preliminary reporting from the new york times that the south african group had actually paid a ransom or had been willing to and that he was set to be release and that you know, we didn t know that, the americans didn t know that when they went in. and all these isis stories, so many europeans held, yet these european governments, a lot of them don t admit it publicly, but privately, they pay the ransons and they get their people out. here of in the united states talked about the policy before, from the standpoint, wouldn t want to pay ran as soon as, the issues of the families, hey if the government doesn t want to pay it fine, can t i raise the money, can t i get my kid out, get my sop, my dur out? right. and there are legal issues there as well, but it s hard to tell a family that you cannot do that. it should be noted that as failed missions are not unusual, unfortunately, it goes took at least 1980 a mission in iran to free the hostages. are they changing tactics, not killed hostages before in this way. are they changing their tactic that may suggest we need to as well? if it s a response to isis. i think it does speak to a as the san francisco chronicle reports, minutes before the police disbursed the crowd, several concerts let out downtown, several concert gears waiting to neigh a nearby parking garage were sent running for cover. president obama this morning talking with b.e.t. net workers about this recent unrest in america. as painful as these incidents are, we can t equate what is happening now to what was happening 50 years ago and if you talk to parents, grandpar t grandparents, uncles, they will tell you that, you know, things are better, not good in some cases but better. typically, progress is in steps, it s in increments, you know, you re dealing with something as deeply rooted as racism or bias in any society, you got to have vigilance but recognize that it s going to take some time and you just have to be steady. that full interview, by the way, will air tomorrow night, 6 p.m. on b.e.t. basil, considering the president s role in all of this, the ferguson, decision no to go forward with the case was announced by the grand jury out there now, about two weeks ago, the president was on television within ten minutes. how have you assessed his leadership through this? i do think his leadership has been fine, he has been measured and i know there are some on the left that don t like that and conservatives don t like that s what they would say meddling in local matters. i think he has absolutely struck the right tone. what should be note it had is an be a sect failure of branches of government, particularly the judicial system and i think what what needs to happen going forward is that the president should, i know there is a federal investigation, should address the the actual issue here which are failures in criminal justice. this is going to impact also his nominee, loretta lynch, to the attorney general post. i know that she is gonna get significant questions on how she would go forward on some of these issues, but i think his tone was appropriate. i think he handled it fine. but we are waiting to see what s gonna happen with the federal investigation. loretta lynch angle on this is really interesting, casey, because she is as the u.s. attorney for this district involved in this case now, obviously, if she becomes the attorney general, potentially involved in anything that doj is doing. so, that just means this the decision is made here on whether federal charges had brought against garner is going to intersect with the confirmation politics in the senate. do we have a sense of how that is going to play out? absolutely, steph. i think the one thing that distinguishes ferguson, for example, from the garner case is you saw a remarkable amount of unity coming out of capitol hill saying there maybe a miscarriage of justice in this situation. i think the facts in the ferguson case have been much more sort of muddled and argued over. there are people who feel, you know, strongly that the police officer maybe acted in good faith. i think in this particular case, because of the video and because of the evidence that we had, everyone on capitol hill that i spoke to was pretty shocked that this came down the way it did and i think that while it can it has the potential to throw a wrench into her confirmation process, i think unless something particularly inflammatory happens with the investigation, there s nobody out there yet who is saying that pushing harder on this is gonna cause a problem for her. interesting, too loretta lynch, she political jobs in a way, she knows how to play politics and she has made alliances with people you might not expect, like rudy giuliani, for instance, very supportive. she came into it in a very strong position as well. when she was first announced, there was very little opposition to her, which is gonna help her in the long run. one of the reasons she was picked. let me ask you this, obviously, we have seen some of the initial polling after ferguson and what struck me about the polling after ferguson, we talked about this in the show a little bit yesterday, it really kind of hues to this basic partisan divide we see on almost any question and sort of the predictable groups go republican have one view of it the predictable groups that go democratic have one view.t i hear a lot of republicans saying this bothers me, too. haven t talked to anybody who has seen that video that suspect sort of shocked by what took place and feel like feels like there was just an overwhelming amount of violence in that situation that gives people pause. but not everything is a partisan issue. what there hasn t been a lot of talk about is the media s role in all of. this the fact of the matter is the protesters shall the people talking on either side of it, they don t have all of the information that these grand juries have offered to them. s s a little bit unfair to be second-guessing after the fact, not willing to sit down and look at the evidence the ferguson, we pretty much did get the evidence. we have it available. i m saying i don t think that too many people are actually sitting down and looking at all the evidence. there s a lot of sort of inflammatory reporting, in my opinion, that sort of gins this up and doesn t take the time to look at all the facts that are presented. and i do think that because of the video in the garper situation, it does seem much more clear but again, you still don t have all of the evidence that people are reviewing and poring over. but i do think what is fair and what the media has done very well is put voices on camera that are speaking to the inequities in the system and disparate treatment we are seeing in ferguson and in the eric garner case that tie those things together. look, cliven bundy is out in the west holding off federal marshals with advanced weaponry. he and his friends are standing on bridges with assault rifles pointing at u.s. maher shals but a man selling loose cigarettes gets choked to death and ten people are standing around him and are absolutely doing nothing. so, i don t think the media has inflamed anything. i think it is it is incumbent upon all of us really in situations like this to bring a lot of those voices to the table and say, yes, this is this treatment is disproportionate it is disparate and it s wrong. but the reality is that the criminal justice system, particularly in grand juries, you mentioned that, is where we need to have some real reform. they do not get vetted like trial jurors do and i think that needs change. all right. mo tore get to including some interesting comments from valerie jarrett about members of the obama administration. also, the latest on that rolling stone story about university of virginia and rape allegations. that s next. 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a magazine that sort of had an activist edge to this and they wanted to prove something they already they believed had happened without bothering i m still trying to figure out exactly how something like this happens, in terms of failure on a journalism level, i can t remember something this bad recently? steve, i think for this subject in particular, it s a shame that this has happened in part because it is so hard for so many of these victims to come forward. you have someone, and clearly the woman at the center of this story had something terrible and traumatic happen to her. now the magazine is struggling to figure out which details line up right and which ones don t. that is up to them. every time something like this happens it sets back the overall goal of making sure victims are believed, not written off, stories are true, so much that goes into feel like they can t come forward because they are not going to be believed and i think that, you know this is a major journalistic sin but as will for our community as a whole as people are trying to combat sexual assault. this was a story that i have three nieces that are on colleges campuses today and it was a story when i saw it that i immediately share ready with family members, because it sort of terrifies you. to kasie s point, i think it does setback the ability to get people to come forward. you know, there s a lot of things that are worrisome. i think that when a journalist makes a deal that they are not going to talk to the accused, i think that s a dangerous place to be. i think it s also a dangerous police to be when colleges decide that they are gonna try to handle these things internally and not turn something that s felony immediately over to law enforcement. so all of those things, you know, sort of give you pause about this. part of it, basil, you read how this came together, there was a point apparently in the reporting where jackie didn t want to be part of this in i more, you know what i don t want to go down this road. rolling stone basically strong armed her, no, we are doing this and hey this is running either way, you want to talk to us or not, we are running this either way, that s lot on rolling stone. and i think it specs to your point you hope it doesn t have a chilling effect. if a victim wants to report the story, wants to report what s happened to them, wants to go forward and talk to the police, whether the campus police are handling it or the local pd will be handling it, you don t want a situation where she s being forced to sort of come out and then not have control of the story of the details of the incident after that. and it looks like, you know, and i hope this doesn t happen, i hope that aring the rolling stone apology doesn t sort of cut off the conversation about what happened to her but you certainly don t want a chilling effect going forward. the university of virginia actually in their statement, i think to their credit, said, okay, well, these questions. coming out about this story but, you know what, this is still a conversation we need to have. we still need to be focused on making sure that we limit or end sexual assaults on campus. for a publication like rolling stone , too, what do they do now, a brand name in american journals and rolling stone around forever. each institution has to grapple with this. changing this apology in some ways is a red flag, how you handle this is really if something like this happens, how the s handled and the aftermath says a lot about the institution, what they are committed to. so i m not sure that changing your apology and not mentioning the fact that you changed your apology was yeah, the instincts, too the first apology they ran, it was just so much like trying to push this off, oh, we got fooled, we got hoodwinked here, something like that. that didn t look good either. there s a lot of these cases that occur and clearly, they gravitated toward a particularly inflammatory case because it would sell and it would cause page views and i think that s on the editorial team, you have got something so incendiary that you are, you know, crossing all the its and dotting all theisms, clearly, they didn t do that that was the thing that struck me reading it all the important sort of institutional questions about uv a, its response, the response of colleges to all of this, they are in this arm and there are important things to be raised. almost as if they said, you know what that s not gonna get the page views what is gonna get the page views is the anecdote, we need the anecdote at the top of it, when they get into trouble and raising all the questions. say thanks to, bass the spikele, jr., katie packer gains. kasie will be with us later. and anger over one of president obama s nominees from an unlikely source, his own party. that s next. 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here to discuss is msnbc contributor jared bernstein, who is also a senior fellow at the center of budget and policy pries and was vice president president obama s chief economic adviser and lenore pal dean know, economist and vice president of policy and outreach at the liberal think tank, demost. thank you for joining us. lenore, let me start with you. the case against weiss this is a member of the president s party, campaigned for obama s re-election, done work on the issue of raising taxes on the wealthy to combat inequality, why is that a bad choice for this position? so i think we have to step become and look what the this position actually is. it is somebody at treasury who deals with domestic finance and the implementation of dodd frank, i think two qualifications we need. one is someone who has deep experience with domestic regulation and the other is somebody who is independent from wall street, somebody who is going to be willing to disagree with them and i think that does he have regulatory experience? not that i m aware of. he is a corporate m & a guy. his experience is really in international corporate business mergers and also this $21 million payout he is getting from lazzard to go into public service that really calls into question independence from wall street. okay, jared, that is the case against. what do you make of that? i think both lenore and senator warren make a lot of good points. i think, from my own experience, it really matters a lot who s in the room when you re making economic policy at this level. however, i think they are different rooms, for this. radio, for the undersecretary of domestic finance, i think it s helpful to have someone with the kind of market experience that antonio weiss brings to the table. lenore didn t mention one of the most important parts of the job, that s managing the stock of our national debt, $17 trillion in debt that this undersecretary has to be sure to finance in a way that s highly efficient. if you look at this guy s career, he has spent decades in international markets dealing with global finance. in fact, it s hard for me to realize, and i i would argue that senator warren has failed to really name a person who would be appropriate in this position who doesn t have this kind of market background and experience. jared, is it a concern to you, no experience unless no experience in terms of regulation, no regulatory experience? well, in fact, if you re sitting across the table doing mergers and acquisition and the kinds of advice that lazzard provides to firms, you know a lot about where those skeletons are buried. what really matters in this position, somebody with regulatory ex-peer enwhy, hard pressed to find many in this kind of position who had that kind of experience and that they have the kind of sensibility that senator warren is looking for. and here, i know antonio weiss a little bit and he actually is very much in favor of the kind of rigorous oversight that senator warren and frankly myself think is important. we shouldn t judge him just on the basis of this wall street kind of label that s been attached. lenore is there an argument to be made, i wonder what you make of the argument that because he is so close to wall street, because that s his background, because he knows so closely, so intimately how it works it would put him in position to sort of know the trick, to know, hey if this is the regulation this is the workaround they are going to tray to come up. you want somebody like that, sort of like at the casinos, they hire the guy that knew how to beat the game, beat the house, hire him for security. is there an an analogy there? i think it is about the mix of regulators enough treasury and we know how much that ineffective financial regulation led to the last crisis, i don t know antonio weiss. i m sure s very smart guy and could do a good job. the question is really who would be the best person for this position at this time. do you have so do you have somebody else? jared was thinking i don t. but i think there s a number of other consumer advocates, financial regulatory experts, people who have really been in the sausage making, in and around treasury for a long time who would be great fits for the position. let me make a point about that, steve, you know, it s important to recognize that mr. weiss, as an undersecretary, will be working under the deputy secretary, sarah bloom rasken. this is someone who has a long history of consumer advocacy and someone who senator warren really championed and recognized as really i think the type of regulate they re both lenore and i recognize is important to have up there, that s basically going to be mr. weiss s boss, if he is confirmed, and she will be driving the regulatory train. that makes me feel a little better about. this here is one thing, jerry, my impression from afar watching elizabeth warren in this, also interested in making a statement and having the democratic party make a statement that a democratic party that s had such a close relationship with wall street and wall street that caused so much pain in people s lives the last decade, using this as an opportunity to tell people, you know what, we are looking away from wall street for a change. suspect there an argument to be made for doing it symbolically? it is a great argument. half of my article was completely underscoring that argument. let me tell you something from the inside that i think is very important and really isn t part of that argument. when i worked for the obama administration as an economist and we were trying to craft dodd frank and dealing with the recession and recovery act, the folks on the other side of my progressive/warn/lenore kind of arguments were not necessarily people with wall street experience. i m not going to name names but the folks that i was arguing against often didn t come from wall street. so, you know, that kind of a litmus test may not be really what s warranted here, no pun intended. lenore, final word on this. i think we have to look at what would be the best fit for this position at this time and i don t think antonio weiss is it. all right. to be continued on this one. my thanks to lenore paladino from demoss, jared bernstein, center of budget and policies. appreciate you joining us this morning. thank you. over a decade since the debut of the bush doctrine and this week, we have a preview of the jeb bush doctrine. we will dissect it. that s next. alright, so this tl arthritis lasts 8 hours, but aleve can last 12 hours. and aleve is proven to work better on pain than tylenol arthritis. so why am i still thinking about this? how are you? aleve, proven better on pain. i m there to do the safest job possible - not only for them, but everybody, myself included that lives in the community. i m very proud to do the work that i do and say that i am a lineman for pg&e because it s my hometown. it s a rewarding feeling. jeb bush s biggest liability may be his last name, and that is because of george w. bush, chaos in iraq that dragged down george w. bush s approval rating, the poisonous depths in second term as president and haunted his legacy since. on tuesday, jeb bush, now eyeing a 2016 presidential bid of his own, delivered a 20-minute speech some are describing as the jeb bush doctrine. a meeting of the anti-castro u.s. cuba democracy pac in south florida, bush laid out what he thinks america s role in the world should be. we need to have a policy not of unilateralism, although no option should ever be taken off the table. both our country and our president should never negotiate in advance any kind of consideration, but we need a policy of engagement. even he s gently inched away from his brother, bush reserved his harshest criticism for president obama. our allies don t trust us and our enemies don t fear us. there is no situation worse for stability and peace than that. the iron rule of superpower deterrent is mean it when you say it. so, how much is jeb bush really separating himself from george w. bush s foreign policy legacy? how effective will it be? joining me now is former george w. bush campaign adviser mark mckinnon, now a columnist for the daily beast and co-founder of no labels and msnbc political reporter, kasie hunt, is here with me in the studio. mark, you know this family very well and think of policy and the bushes and i think of george bush senior, the first george bush had a chance to go into baghdad, absolutely wouldn t do it the son absolutely did do it. when you look at jeb bush, which one is easy, the restraint of the father or sort of the let s go in there spirit of the son? well, probably a mix of the two. you know, first of all, when you see a governor giving a major foreign policy speech, that s pretty clear indication that he s running. two i would say that i think people saw this speech and conservatives recognize that s, a, really serious on the policy side and very conservative, he s got his own doctrine, very much focused on central and south america and terrorism there, cyber security, so, he is really, talking about going his own way and forging his own foreign policy, but it s a real flag that s getting sear juice about i mean, does he believe, i was going back and looking at the speech, hard for me to say, but that idea that sort of animated his brother, animated george w. bush s presidency of just this, the power of sort of testimony mock krk k testimony mock krit testimony mock krit tizization, has he learned from thafrom that? jeb bush thinks we should lean forward, lead from in front and words matter. that would be part of the jeb doctrine. i wonder how the republican universe looks at this, aware of the political baggage that comes with the bush name and bush foreign policy tradition, people in the republican party who still believe in it. where is the republican party now, what are they looking for when it comes to foreign policy in a couple things on jeb bush and certainly any candidacy would be cast in late of his brother and iraq. tough think about what s happened since then, namely, president obama and the raise of senator rand paul. and i think hearing from bush, our words need to mean something that is very much a reflection of the republican party s overall thinking on this president, which is he likes to say things, likes to draw red lines. red lines on syria. likes to not follow through. they are looking, i think, for a candidate who is who will push forward with that, we are going to mean what we say. but also, with senator paul there is some significant concern on in those factions of the republican party, whether you want to call them neoconservative, not convince they had would call themselves neoconservative anymore, those particular people concerned about israel. john mccain, lindsey graham. sheldon adeleson a key one, some of big donors, they are looking for somebody who sounds a lot more like jeb bush than rand paul. mark is that one way to maybe interpret this, governors, when delivering foreign policy addresseses that is a pretty clear sign what they are thinking, i agree with that, lack at the con of this speech, telling the types of people in the republican party that kasie was talking about, lack, you re scared of rand paul, i can be the guy who beats rand paul? no question, he has firmly established himself to the right of rand paul and ted cruz, which is a real faction now on foreign policy, so this is really separating himself and also laying down a marker that s very conservative. let s put this in a little bit of broader perspective, a poll that came out last week, the republican field, jeb bush, chris christie, you know, sort of running together near the top there, sometimes they throw mitt romney into these things, too, and mitt romney ends up into the lead. there was a story this week, we can also show this, from business insider this week saying romney met recently his inner circle, some emerged convinced that s running. we have been hearing this off and on, mark mckinnon what do you make of the mitt romney stuff? is this just a great smoke screen? an ego trip by a guy getting a few fremonts of press here? do you think there s any chance he runs? could be our adlai stevenson. i think there is a chance he could. that i saw that as a significant signal this week and in reality, you look at the field and he he thinks he could be the establishment candidate again. and you know, it s also something to be said for having run a couple of tapes, he has got hiss down well, a good candidate, especially in the republican primaries, sitting, having to get out there and deal in the trenches, a lot of candidates. would he if jeb bush wants to run, does jeb bush sort of get right of first refusal, romney run if bush ran or only if bush doesn t? you know, he says he doesn t care what the bush what jeb bush would do. i don t think that s really true. i think if jeb bush gets in, he is going to throw a pretty wide net on the establishment money and support. kasie, i wonder what you make i saw this poll we put up there with bush at 14%, christie, 11%. we think of the bush name, we of the reputation this is the establishment guy this is the one they can all kind of rally around. i m saying, 14% awfully i remember when george w. bush set out in 2000 to run in polls lick this, he was at lick 40%. you re down to 14 now for jeb bush. are we overstating the appetite that s there in the republican party for him? i think that, look, very early polls of the an reflection of name recognition, the bush name is immediately gonna put you should be higher than 14, right? i think what it shows, unlike on the democratic side, hillary is absolutely blowing out the rest of the field there is no one dominant choice for republicans. they have a huge potential field and that s why i think these questions of who s in and who s out are actually going to end up being pretty critical. i would say, his name is there, but what you were talking about as far as who gets the early money, who gets the establishment support, that s gonna sort of say, signal who on that giant long list of candidates, which ones are gonna get squeezed out before they even really have a chance to step forward and to move their number up higher? mark mckinnon, quick one-word answer here, we know he is interested in jeb bush, do you think he runs, yes or no? i think s in. all right. held you to the one-word answer. holding to you that, mark. mark mckinnon, appreciate you joining us from the daily beast. ms in. bc s kasie hunt. thank you for being with us this morning. election night is not over yet, the official final close 33 days later on the other sid of this break. still ahead this morning, our interview with bernie sanders. stay with us. rol. enthusiast. mmm, a perfect 177-degrees. and that s why this road warrior rents from national. i can bypass the counter and go straight to my car. and i don t have to talk to any humans, unless i want to. and i don t. and national lets me choose any car in the aisle. control. it s so, what s the word?. sexy. go national. go like a pro. you know i tried one of those but the roll just disappeared. bounty is 2x more absorbent so one roll lasts longer. bounty. the long lasting picker upper come in and use your starbucks gift card any day through january 5th for a chance to win starbucks for life. i have $40,ney do you have in your pocket right now? $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. hi. i m new ensure active clear protein drink. clear huh? i m not juice or fancy water. i ve got 8 grams of protein. new ensure active clear protein. 8 grams protein. zero fat. ensure. take life in. my baby drove up in a brand new cadillac. my baby drove up in a brand new cadillac. look here, daddy, i m never coming back. discover the new spirit of cadillac and the best offers of the season. lease this 2015 standard collection ats for around $329 a month. we have breaking election news for, nbc news has now called the 36th and final senate election of the year. louisiana democratic senator mary landrieu has officially now been defeated in her bid a fourth term. this in last night s runoff, she lost by a sound margin. bill cassidy, the republican congressman, 56%, landrieu, only 44% that will make cassidy the 54th republican vote mitch mcconnell s new republican senate majority in january. with landrieu s defeat, there will be no democratic senators left from a deep south state. and our next hour, we are going to explore what happened to the southern democrats taking the deep dive with an assist from our big board. but up first, colonel jack jacobs will get a turn of his own at the big board to help explain what went wrong in that failed hostage rescue in yemen but. enweslplus, wesley clark wi here to explain his analysis. stay with us. i have a cold with terrible chest congestion. better take something. theraflu severe cold doesn t treat chest congestion. really? 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what s supposed to happen there is a lot of planning, meticulous execution and in order to do that, lots and lots of rehearsals but they didn t have the luxury of time here because the expectation was that al qaeda was gonna execute somers so they had to just go with whatever they had. they had a plan and to execute it as quickly as possible, without all the rehearsals that were necessary under normal circumstances. you re in an area over here, the objective is somewhere in south central yemen and you position the assets nearby in the gulf of aden. in this particular case, aboard the uss macon , a ship that typically has lots of rotary winged aircraft, including blackhawks and ospreys like this, tiltrotor aircraft, carry a lot of special operators into the objective area. once you re there, you figure out exactly where you re gonna go, let s say this is the objective, small compound in south central yemen. you don t want to land on top of the objective, cause you lose the element of surprise. instead, you land some distance away where they can t hear you and then infiltrate your force under the cover of darkness, took place after midnight and then attract objective. in this instance, they were alerted there were some people who were awake, they saw the attacking force and as a result, a firefight ensued. once the firefight s over, you secure the objective and then you bring in rotary winged aircraft, like the ospreys and blackhawks in order to evacuate casualties, enemy who are captured, intelligence material, the hostages and so on, you bring them back to the uss macon or a similar ship and then out of the area. this is an extremely difficult operation to pull off and much, much different than a lot of the operations people have in mind using special operations forces. yeah, colonel, on that, what do we have a sense, when talking about going into a place lake this where you re trying to rescue people, trying to get them out alive, what the odds are of success for pulling something like this off. not as good as going in, for example, going in and getting osama bin laden if you re going to attack to kill or capture enemy, oddly, it s much easier to do that than it is to go into an area like this and not only kill or capture the enemy, but be able to isolate the hostages from the enemy and bring the hostages out alive, extremely difficult to do. doesn t succeed nearly as often as the as the attacks to kill and capture the enemy, very, very tough operation. and done with very little warning. so these things, your honor to the unfortunately, don t come out successfully. we haven t learned the details yet, any lessons that jump out to you from the experience in this failed mission that we could learn for future ones? you know, we had the opportunity to do this before and the mission failed. the mission failed, went about a couple of weeks ago to go snatch him but we didn t get him, we didn t get him because the intelligence wasn t up to speed. they had moved somers just a day before we went into the area. we were able to get some other hostage bus not somers and points out how important good intelligence is. overhead satellites, we do a lot of that, eavesdropping on telephone conversations. there s nothing there s nothing that will compete with good intelligence that will contribute to the successful accomplishment of the mission and so, the lesson here is you got to be vigilant. you got to keep on top of the intelligence. any time somebody is moved, you got to know about it and you have to be able to develop intelligence on the ground. extremely difficult to do in a place like this. in other areas like iraq and afghanistan, they built up areas lots easier because we have people on the ground talking to other people on the ground, place like this, extremely difficult to do. so, the lesson here is stay on top of your intelligence. all right, colonel jacobs, the big board used for non-election stuff, very good job, very informative. appreciate that. straight ahead, we will continue this conversation from the perspective of a retired four-star general, former nato supreme commander wesley clark will be here later. and senator bernie sanders joins us with not just the will he or won t he question about running for president but also the why. you won t want to in miss that. stay with us. it s not about how many miles you can get out of the c-max hybrid. it s about how much life you can fit into it. the ford c-max hybrid. with an epa-estimated range of 540 miles on a tank of gas. and all the room you need to enjoy the trip. go stretch out. go further. don t drive or use machinery until you know how lyrica affects you. those who have had a drug or alcohol problem may be more likely to misuse lyrica. having less pain. it s a great feeling. ask your doctor about lyrica today. it s specific treatment for diabetic nerve pain. is t did the u.s. have any choice? thanks for staying with us this sunday morning. next week at this time, the federal government could be shut down, yet again. we are gonna ask two prominent congressmen, one democrat, one republican, whether a deal can be reached before this friday s deadline. also senator bernie sanders from vermont will be here to talk about his plan to rebuild the middle class and maybe his plans to run in 2016. we begin this hour with the new details emerging this morning about the failed operation to rescue american hostage, luke somers. he and another hostage from south africa were killed in the raid bay the al qaeda militants who had been holding them. nbc s kristen welker joining us live from the north lawn of the white house with the latest. kristen? reporter: steve, good morning. i have been talking to senior administrations officials throughout the weekend and one u.s. official describes the rescue mission as a multiagency whole of government effort. it started overnight on thursday. you will remember that s when have a of luke somers was leased by his al qaeda captors who threatened to kill him on saturday. so, we are talking about yesterday. intelligence officials say that they determined the threat was credible. they believe that somers captors would, in fact, kill him yesterday. they also had credible intelligence about somers whereabouts base olden their part to initially rescue him. you will recall that happened last month, steve. all of that set off a series of meetings from the pentagon, the state department and right here at the white house. on friday, the president s national security team, i am told, recommended unanimously that mr. obama approve the mission. he and secretary of defense chuck hagel, who is, of course, outgoing, gave the green light on friday morning. here is how the mission all went down. on friday night, dozens of navy s.e.a.l.s landed about two miles from their target. the american commandos reached what is being described as a cluster of buildings and this s where somers was being held. once the al qaeda captors realized what was happening though, that s when a gun fight broke out. somers and that south african who you mentioned, pierre korkie, were discovered gravely wounded, apparently shot by their captors. they were airlifted, treated by medics, airlifted to as you navy ship but both ultimately died of their wounds. now the u.s. special forces did kill between six to nine al qaeda captors and i am told at this point, it appears as though no civilians were killed when ask if the white house had second thoughts about the mission, one u.s. official told merck look, the president still feels it was the right decision to try to rescue somers because the intelligence about his location was reliable, he was in that exact location. in a statement yesterday, president obama said the u.s. would spare no effort to use all of its military intelligence and diplomatic capabilities to bring americans home safely wherever they are located. meanwhile, steve, we are also hearing from his friends and his colleagues today in a statement, his stepmother describes somers as a talented photographer with a sensitive for the people and people s lives. i spoke with one of his colleagues who works at pbs news hour but who had spent some time in yemen as well, steve. that person telling me that he just can t believe that this happened to luke somers. that entire community of people who are his friends and his family just in shock this morning. steve? all right, kristen welker live at the white house. thanks for joining us this morning much appreciate that. absolutely. thanks. we are joined nowby retired u.s. army general, wesley clark, former supreme allied commander of nato, former presidential candidate, also author. new book don t wait fort next war. general, welcome, thanks for being with us. so i mean, listening to what kristen just outlined there, it certainly seems, you know, seems like there was no choice but to take a shot at this, the alternative, they were gonna kill him anyway. the same time, you hear about how this went down, basically, the minute that al qaeda realized that there was a rescue attempt being made, they went in and killed him. and it just raises the question, how can you get these hostages out alive if that s what you re facing? sometimes you can get in there with good ingems and you can surprise the enemy and you can get the hostage, sometimes you re not going to succeed. all everyone connected in this operation understood the risks but you re faced with the issue of do you let it happen or do you take action, because it s not only about the life of that hostage. in this case, two hostages, but it s also about how you protect americans going forward. it s about whether you increase the value of americans as targets for terrorist kidnappings or whether you put fear in the hearts of al qaeda and convince them that they will never get away with it. maybe you won t rescue every hostage, but you will never had a team that s holding those hostages that s ever safe and secure. and we will destroy those people who are taking those hostages, time after time, whenever they attempt to do some and that s the united states policy. this is a long, multiyear, maybe multidecade effort in this region. we are gonna see more of this, as long as they continue to take americans hostage. and i hope the united states is gonna be effective in persuading other governments, including governments like the government of south africa, which reportedly paid money to have the other hostage released, not to do that. we have got to work together and we have got to break this al qaeda hostage taking. let me ask you this, i just cause this summer and early fall, we had a spate of stories about isis, isis taking hostages, beheading them, being paid ransoms by some european governments, the united states, the uk refusing to do so. this is a different group this is al qaeda in the arabian peninsula doing this is there do you have a sense that maybe there are other groups like this group, like al qaeda and the arabian peninsula that maybe saw what isis was doing this summer and sort of a copycat thing now? well, it s the way the terrorists can make money. so, if? a tactic that works, then there will be copycat cells all over north africa kand the middle east who will look for americans who were in there for all the right reasons. they will seize them, they will demand payments. they will hold them. so, this is a problem throughout the region, it s not just a single organization, it s the way they make money. the reports from last summer indicated that isis had made millions and millions of dollars from hostage taking. we know this somali pirates in an earlier period were making money off hostage taking and we know we have terrorist cells across north africa and into countries like nigeria with boko haram, who would do this if they could get their hands on the right americans and thought they could pull it off or the right europeans. so, yes this is a threat throughout the region. the other thing is i wonder what you would say, how would you say, from a standpoint of policy, let me put it this way, from a standpoint of policy what you are saying about why we should never pay ransoms, i totally understand, the policy of the united states, but when talking to one of these families has a son, a daughter, who is being held by these groups, and that family is made aware that, hey, if we can just raised 1 million, $2 million, somehow we can come one that money ourselves, we will see our son again and if we don t, we won t. how do you tell that family to resist that urge? well, there s two issues here, one is even if the money s raised, you may or may not get your loved one back, because delivering this money and having the hostage released, sometimes it works, sometimes it doesn t, sometimes it s a matter of back and forth communication is the price gets raised. secondly, i think that all the american people and those families know that they want their government to be involved trying to bring these people back to freedom. now, these european governments, south african governments, they don t have the capacities to mount a rescue operation. so, they buy it off. but by buying it off, you re feeding the threat and you re making more likely that other families and other loved ones will suffer the same fate afterwards. so i think in this case, it s one of those terrible things, if you re a family and you ve got a loved one that s going into that area, then i think you have to be aware of the risks and you have to really think again about doing this, because these people are in danger, they are targeted, they are like a walking cash cow for terrorists. so, got to really think hard about whether we want to do that or not. we obviously had the intelligence, sufficient intelligence to find out pretty much exactly where they were being held, the two hostages being held for this mission to begin and apparently, previous effort recently where they had been moved at the last minute which raises the question, a group like al qaedaed in the arabian peninsula, groups like isis, we always talk about our intelligence to find out where they are, how good is their intelligence to know where we are? well, they do have intelligence, you know, and they are getting better and better at it you know, a decade ago when the united states first started, it wasn t that easy for them they didn t understand the technology, the techniques, the hard wake the way we operate, they have gotten better and better at this, yes, you can buy commercial satellite imagery. you can probably buy electronic eavesdropping. you can listen on youtube and hear people talk and report things that perhaps shouldn t be reported. we are getting a tremendous amount of information, let s say, about russian activities in ukraine by simply monitoring youtube and watching what people post on facebook. so, there are ways in which information leaks out, but i d like to think that our ability to protect our own movements and our own intentions is pretty good. and it s able to be controlled and especially when you have an aircraft carrier or an am fab off the coast like this and it s moving. yes, it may have been seen in a port and yes, there may be fishermen out there who can see things and who knows, but we know how to sanitize that area, if we have to. and we can do that. so, i m sure we will be tightening up our own intelligence and counterintelligence procedures after this. all right, retired army general wesley clark, thanks for joining us this morning. thank you. all right, how the holidays are threatening to bring another government shutdown bay the end of this week. we will investigate the why and whether it can be prevented with two people in a position to stop it. that s next. i was just looking at your credit report site. do you guys have identity theft protection? 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republican congressman charlie dent of pennsylvania, democrat bill pascrell of new jersey, both sides of the aisle, they join us now. thanks for joining us. congressman dent, i will start with you on the republican side, how confident are you right now that there will not be a shutdown this week? i am very confident there is not going to be shut down. i thank you a lot of my colleagues learned a regard lesson a little over a year ago and certainly no education to be gained by the second kick of the mule and certainly no wisdom from the third or fourth kick. but to listen to some of the rhetoric coming out of there, it sounds like there s an appetite, especially because this executive action thing, to find some way to undo it through playing with funding for dhs and well there are a handful of members who, you know, i think would take must that direction. but overwhelmingly, think most of the members in the house, you know, want to pass the cromny bus or omnibus or at least move forward, clear the decks now so we can start the new year with a fresh agenda. congressman pascrell, it might come to you as a democrat to provide a critical vote to get this thing passed, if a handful of republican, a dozen of them, a couple dozen of them say, you know, this isn t enough, we don t want to vote for this bill, you re going to need democrats to get it across, this bill, the one we outlined there, something we have to live with? we have to pass the legislation but we don t have to be handmaidens, we don t have to let them vote first and then vote, let them put up their votes, not all of the let it go down and then let it come back or yeah, it s some way it will pass, hopefully by 3:00 thursday afternoon. some way it will pass. but we don t have reasonable members, like charlie kent accident on the other side. charlie dent is not an exception, a lot of good republicans who think and try to resolve their problems. but the majority, i think, are caught up in being pushed by the tea party folks and they have gotten away with it for a couple of years and they are going to continue to do it. i mean, they use this immigration thing as an excuse, if it wasn t immigration, it would be something else. there s no doubt about t. they want the showdown. absolutely, they want a showdown on every situation. and to hold homeland security hostage, charlie, to me, is a pretty particularly in the situation we are going to right now throughout the world, is not the right way to do this. in my opinion. so, if this gets through this week, it means that funding for the whole government is basically good for a year, except funding for the department of homeland security, which would come up again early next year and then your party or would want to fight that all over again then? no, actually, my preference is to pass an omnibus, all 12 you want everything passed? i want it all passed. what they are putting together not 12. i serve on the homeland security committee and i helped draft that bill, a lot of good stuff in there, i don t particularly want to cr that, kick that into the new year because come february or march, we will pass the homeland security at prop preyations bill, i would just assume pass it now, this week. that s my preference, if the votes aren t there bill said s clever guy, bill, he is a friend, look, he is smart, he thinks the republicans, the republicans should put the votes up, 218 before one democrat should vote for it i don t blame them. what i would do but we should but the point is if there aren t the votes for the cromny bus, i would say pass the omnibus. the way it was explained to merck the sort of tea party crowd wants to fight over the immigration executive action and that, hence they want to put dhs funding on the table. but even if you stopped dhs funding, the way this thing is being implemented it would still go forward is that right? pretty much. much of the u.s. citizens immigration service, uscis is funding through fees and they are gonna get their fees, regardless. so, yeah, i don t think it s a particularly good tactic. i think the way that we republicans should respond to the president s executive action on immigration is by passing some immigration bills in the new year. that s what the president wants. and that s exactly what the president s strategy is, charlie and that is you have the senate bill for so long, you didn t do anything. i don t mean you personally, you didn t do it, the president said i m going to do something about tax critical thing. if immigration is broken, this is my response to it and you have time to pass legislation to undo what i m trying to do rather than let s go to court, let sue the president. come on, that s not gonna go any place. well, first, look, the president s executive action, i think he overstepped his authority, even the washington post editorialized this is a sweeping step. that said well, they are not the litmus test of what s legal and not legal here. this is a whole class of people that the president has, you know, has suspended deportations from. i think this is unprecedented. you agree with it though? what if we voted on that tomorrow? what if we voted to do what the president did in executive orderer? would you vote for that? let me tell you what i will do. i will vote on a step-by-step basis for several immigration bills. i don t want to do one big comprehensive bill. i want to do border security, i want to do interior enforcement, e-verify, children, you can accompanied children and i m prepared to have an honest, adult conversation about the 11 million people in this country unlawfully and deal with them in a way that i think will be and you may. you want to deal with them humanelism and i well, congressman that might be with the republicans increasing their majority in the house that sort of piecemeal approach, what goodlatte has been talking about that may be the reality of what they pursue there, do you see any common ground there, okay there under certain circumstances? most of what they might suggest and i haven t seen it in writing about we do this individually, step-by-step, i can agree with. i wish they could have done that with health care, but they didn t, chose not to do that. i think that we are gonna have a long fight over immigration regardless of what happens, whether the president did this last week or not, doesn t matter. i think we are going to have a long fight over. this and i think border security is a ruse. i think if it wasn t that, they would get something else in order to hold up immigration. the system is broken, we need a change and if the chamber of commerce is for it, it can t be so bad, charlie. let me ask but this, we have limited time left, cause we heard this after the 2012 election, if there s one thing the two parties are gonna agree on after this, it s immigration reform. we just finished the 2014 election, didn t happen. by the time the 2016 election comes around, do you think congress will have passed ant president will have signed some comp mean sive form of immigration reform? yes. i believe we will see some progress on immigration reform. i can t say we will pass every piece of it but i think certainly think you will see it on things like border security, e-verify, s.t.e.m. workers and hopefully agricultural workers at the very least, maybe the children. senator a little less confident. my thanks to bill pascrell from new jersey, charlie dent from pennsylvania. appreciate you joining us this morning. a new proposal by president obama to improve policing but will it work? that s next. right strip and pow, it opens your nose up to 38% more. so you can breathe and do the one thing you want to do, sleep. add breathe right to your cold medicine shut your mouth and sleep right. breathe right. and look for the calming scent of new breathe right lavender, in the sleep aisle. last night, police used tear gas to disburperse protesters i berkeley, california. some in the crowd broke windows and looted stores. one of the demands made by protesters in recent weeks, demand made by the family of unarmed teen michael brown who was killed by police officer darren wilson in august and demand has been for police to wear body cameras to capture their interactions with the public. and that idea got a major boost this week from president obama. the president is proposing $75 million in federal spending to help state and local police departments outfit their officers with cameras. i think ferguson laid bare a problem that is not unique to st. louis or that area, and is not unique to our time. and that is a simmering distrust that exists between too many police departments and too many communities of color. i m going to be proposing some new community policing initiatives that will significantly expand funding and training for local law enforcement, including up to 50,000 additional body-worn cameras for law enforcement agencies. obama s proposal follows experiments with body cameras in cities nationwide. new york city the nation s largest police force, started their body cam pilot program this weekend. but then in new york city this week, this also happened, a grand jury dexlined to indict new york city police officer daniel pantaleo in the choke hold death of eric garner, even though garner s death was recorded on camera by a bystander. even after seeing garner held by the throat by police, even after hearing garner cry i can t breathe 11 times, the grand jury still declined to issue an indictment. are body cameras the policy response we need to improve law enforce n this country? joining me to answer that question, baltimore mayor stephanie rollins blake, who spores body cameras but vetoed a city council bill on several concerns, including privacy and with us is former police officer and prosecutor eugene o donnell, professor at john jay college of criminal justice. mare blake, i will start with you. here s what i m interested in. you support cod body cameras and vetoed bill for technical reasons this week. i m curious, we talk in the big picture about body camera, how does this work, in terms of how often do the cameras have to be on? are they on 24/7? does the officer control who turns them on or off? does the public have access to, you know, can we get the recordings from officer charge. ? how will it work, practically speaking? and those are the reasons, those questions that you asked should have been asked by the council before they passed that bill. they have a bill that required the officers to wear the body cams, but they didn t even require that they turn them on. we have to be more thoughtful and thorough if we are going to get this right and we have to answer those questions. tough answer those questions because what happens if a camera is on and a woman calls for a domestic violence complaint? the officer responds, she is battered, she is bruised, what if that becomes public information? we have to deal with those privacy concerns. how would you, as the mare, see it work, practically speaking? well, what i want to do is what we are doing, we have a work group with the aclu, we have lawyers, we have community members, we have law enforcement people that are all looking at these issues and working together to come out with something that works for baltimore. this isn t a cookie cutter approach. this san approach that i believe needs to be led and included the community needs to be included to make sure we get it right, that s what i m doing and looking forward to getting that report next month so we can do the implementation and make sure it works. so, eugene, obviously, law enforcement background, this is now happening in new york city happening elsewhere, what is the reaction of the average cop being told you are wearing a camera now, what do you think about that? i say we have to have an honest conversation about policing, they use force and it s never pretty and they are not automatically protected and they could become averse to involvement. we have a lot of police departments in the country that are basically employment agencies, the cops drive around, they get there late, they don t engage, struggle on 8th street, slow on 10th street. i have serious doubts whether this will be beneficial, keep our equilibrium, issues about brutality, acknowledge cities in the country, minority communities, the communities asking for police to engage not disengage, very concerned about this looks like mayor walsh in boston also has concerns whether this is going to make cops take steps back. you re saying the cop may be pauses, maybe thinks twice, maybe says, it s not necessarily we talk about these dramatic and horrible situations that make the news, but it s more every day stuff that people might might be able to quibble with and say that s little over the line or a little tough, whatever, it is really every day policing? i have to say bluntly, i see some real class issues here in terms of the expectation, the cops are unwise enough to get theseselves into these situations, they don t have, again, automatic protection, every time they engage somebody, they could be indicted that makes their job unique and the idea that we are going to look at a video, ex post facto, when they are in these sometimes life and death situations and say for eight seconds, it was okay, the ninth second was not okay, i think we have to take a step become on that and have a police industrial complex, tasers, tasers selling cameras and they are pushing this stuff. tasers may make the police more violent. no the sure about that. so we have to have some real, honest conversations, probably not a great time to have a full-scale conversation about this. well, mayor, i m curious, just listening to what eugene just said, curious what your response is. i think eugene makes a good point, i think in far too many places around the country, there s a knee jerk reaction, get cameras on police as soon as possible without asking the tough questions and without understanding that this is not a body cameras respect going to solve all of our problems and the eric garner case, there was tape and the community is still concern and the family is still upset and we have protests all throughout the country, not because the camera there wasn t footage of it, but because of the outcome, it s clear that we need a holistic approach, including work that like we are doing in baltimore. i asked the department of justice to come in to help us with our community policing efforts, we have to do better with training. it s clear that cameras are one thing, but it has to include the types of training and the types of engagement that rebuilds the trust that the community and the police need to have with each other. you know, it s important, the people are saying all around the country, when you see these protesters saying something very loud and clear, is do you hear me? do you see me? do i matter? and with proper community policing, that s when we get that right, that we can show the community, yes, they do matter and yes, you know this is a partnership, a true partnership. all right, baltimore mayor stephanie rawlings-blake, former prosecutor, eugene o donnell, thanks for joining us this morning. thanks a lot. senator bernie sanders, our interview with him. and up next, the president s weekend doesn t go exactly as planned. interesting detail there is on the other side of the break. and the legion of super fans. wow! 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progresso! it s ok that your soup tastes like my homemade. it s our slow simmered vegetables and tender white meat chicken. apology accepted. i m watching you soup people. make it progresso or make it yourself we ll have given 50 million dollars over seven years. love. it s what makes a subaru, a subaru. that is mary landrieu, senator mary landrieu from louisiana, addressing her supporters last night in louisiana. we can show you what happened. this is it. this is the final outstanding senate race of 2014. this was the runoff in louisiana, mary landrieu, a three-term democratic incumbent, she was defeated last night by congressman bill cassidy, a republican. bill cassidy will now become the 54th republican in the new senate in january. remember, just two years ago, republicans were left with 45 that means they have gained a total of nine seats in the senate in the 2014 midterms.what s so interesting about these numbers here, in the original election, in the jungle primary a month ago, mary landrieu came in with 42%, in the mons since then, stayed right there climbed a point or two, what happened was there was another republican candidate in that jungle primary and basically, all those votes went to bill cassidy and that s the story of it. mary landrieu loses by 12 points. again, we can see inside the numbers here exactly how this happened. there was no exit poll last night, we can t break this down too exactly. i think we have a pretty good scene what is going on here, look back to 2008, the last time mary landrieu was re-elected, 52% of the vote, got re-elected in 2008. if you look at the white vote in louisiana, these are voters will once, a generation ago two generations ago, all democratic, steadily moving to the republican party in 2008, mary landrieu was still able to get 33% of them. in the jingle primary a month ago when she just got 42%, look at that, she only got 18% of the white vote. looks like she is stuck around that number. again, we don t have actual exit polls from last night, my guess would be she is at or below 20%. when you are a democrat, when you are in the south, when you are at or below 20% of the white vote, you are not going to be winning anymore. that is why we are saying this is a story about mary landrieu, about louisiana, this is a much bigger story about the south and about the evolution of american politics, really over the last 50 years. and what i mean by that is let s look back 50 years ago, 1964, this is the south in 1964. these are the states of the old confedera confederacy, senate representation from those state, every states blue, two democratic senators, they all had two democratic senators, texas had one republican, john tower, the other democrat, a total in the south 50 years ago of 21 democratic senators and just one republican. that s how dominant the democratic party was in the south, the democratic party in the south was defined by conservative whites back then, many african-americans couldn t even vote in the south in 1964. you had the civil rights revolution, the voting rights act, demographics changed in the south. look at this now. 50 years later, after last night, accounting for louisiana now electing another republican senator this is what the south now looks like. you have two democratic senators from virginia. and virginia is a state that demographically is becoming more and more northern, a lot of people from the north moving in. that s one of the reasons it s become so blue and florida, you have a democratic senator, again, florida, another state where the demographics have been changed by northerners moving down, beyond that you don t have a single democratic senator left in the entire south. now louisiana is all republican after last night for the first time since reconstruction, a total of 19 republicans in the south, just three democrats, mary landrieu was the last deep south democrat left in the senate. so it s basically a complete flip from where this country was 50 years ago. that s the bigger story about what happened last night. one other thing we want to note in louisiana, i would be remiss if i did not mention there was a runoff for a congressional seat, you see here edwin edwards, the democrat, losing, not surprising he lost by this much, very republican district but edwin edwards, if you know this name, a throwback politician, think of the days like huey long, the rogue politician, he was the governor of this state, of the state of louisiana four different times, did he time in federal prison. he ran, in fact in 1991, he ran for governor, famous race, his opponent was david duke, the former klan leader, the bumper sticker for edwin edwards says vote fort crook, it s important and he won that race easily. get out of jail a few years ago, 87 years old, figured what do i do with my life, hey, i m in politics run for office. he ran in this election, nobody expected him to win but looks like this might be the end of the line for the political career of edwin edwards. funny story, he was asked last night what are your plans now after you have lost? i m going who emto get some sleep? what are you going to do after that? well, i will wake up and i will have breakfast. so, edwin edwards, very colorful career, looks like it might have come to an end last night, that is the story from louisiana. and up next, that interview we have been talking about all morning with bernie sanders, talk to him about maybe running for president. that s next. right now, you can get a single line with 3 gigs for $65 a month. 3 gigs . is that a lot? that s about.100 app downloads, 45 hours of streaming music, and 6 hours of video playing. 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the answer is yes. i think if the president remains strong and if we can rally the american people to demand the congress start working on the disappearing middle class and the growing gap between the rich and the poor, i think we can implement some important policies. right now the fastest way to create the millions of jobs we desperately need is by rebuilding our crumbling infrastructure, our roads, bridges, water systems, rail, et cetera. if we invested $1 trillion over a period of years, we can create 13 million jobs. you know why i m sorry, senator, do you think that level of investment, given everything we have seen from the republican republican house over the last four years, do you think that level of investment or anything approaching it is realistic to come out of the republican congress? well, you re right. i don t think we will get as much as i want or as much as we need. on the other hand, you have conservatives like jim iminoff of the public works committee who does believe in infrastructure as well as other republican senators and members of the house. so i do hope with the president s support that we can begin substantially investing in infrastructure and creating jobs. other area, i think the minimum wage at $7.25 an hour is a starvation wage. i think it has to be raised over a period of time to $15 an hour. but you have people like mitt romney and other republicans talking about raising the minimum wage. you have four conservative states in the last election voting to raise the minimum wage. do i think the republicans are smart enough to know this is an issue they can move on? i do, and i hope we can make progress there as well. as i said, it s something people can look at and say, bernie sanders is exploring a bid for president, a platform to run for president, one of the things people look at is hillary clinton is the big front-runner, everybody acknowledges that on the democratic side right now. when you look at the principle that is you laid out here, the 12 steps you laid out here, realistically, do you believe hillary clinton is in line with you on them or are there differences you see with her potentially? my suggestion is to ask hillary clinton about her views on this. i can t speak for hillary clinton. what i do know is virtually every one of the issues, infrastructure, raising the minimum wage, paid equity, transforming the energy system, demanding and passing legislation, to ask the wealthiest people in the largest corporations of this country to start paying their fair share of taxes. you know what? these are very popular issues that go across the political spectrum. the american people know there s something wrong when the middle class is disappearing and 95% of all new income today goes to the top 1%. so that is an important set of principles that any serious candidate should run on. yeah, and i guess what i wonder about is when i listen to democrats, and this includes hillary clinton, she hasn t said too much specifically, that s sort of by design the last few months, but when i listen to her speak in broad terms of principle, i hear what you just said. pay equity, closing the gap between rich and poor in this country, eliminating economic inequality. i hear that from her and every big name democrat out there. it seems on the core principles, i don t hear much difference between you and most other democrats in washington. so where are the differences that would encourage you to run for president? really? i have spent my entire political career taking on every special interest. that s one thing for somebody to talk about, well, we have to expand the middle class, we have to create jobs, everybody says that. including republicans. i think what you have to look at with the specifics of the program that people are outlining, i will be outlining a very specific program within the next few months. senator, that s what i m asking you there, in terms of when you get beyond the broad strokes rhetoric here, i agree with you, you hear that from everybody, so when you look at the democratic party and the leaders of the democratic party, where are they falling short specifically? well, we need, for example, we are losing $100 billion every single year because corporations are stashing their money, their profits in the caymen islands and bermuda. i m going to bring forward and have brought forward legislation to end that absurd practice. i happen to believe that the united states should not be the only major country on earth that does not guarantee health care to all people to a national health care program. i support a single pay and national health care program. i happen to believe that our current trade policies, nafta, permanent normal trade relations with china are a disaster which have lost us millions of jobs and going abroad to countries. i want to change fundamentally trade policies so companies reinvest in america, not china. are those the issues you hear from a lot of folks? if you do go ahead and run in the democratic primaries, you have to change your party registration to become a democrat. that s something you have not been throughout your political career are. you comfortable potentially making that step? well, that s an issue i m talking, a, i don t know if i m going to run or not. look, steve, if you run a campaign based on the principles i believe in, which is ultimately we don t make change in this country unless we take on the billionaire class, which now has so much economic and political power. in order to do that, you need to run an unprecedented grassroots campaign. are there millions of people who are prepared to stand up and work really, really hard? getting involved in that kind of campaign. you know what? you don t know that, i don t know that. i have to determine that before i make a decision. what you re asking me is i m the longest serving end pindependen the united states congress. if i do pursue the campaign, can i do it in the structural of the democratic party or outside the party? that s a difficult question. i m also trying to get some understanding of where people are coming on that. there are positives and negatives of either approach. and where at this point in terms of your decision, do you have a sense of when you ll have a decision made? i ll make it at the appropriate time. i think people in this country are not necessarily sympathetic to never-ending campaigns. so i think we have some time to do it. on the other hand, obviously, there s a point if you re going to go forward where you have to make a decision. senator bernie sanders, independent, at least for now from vermont. appreciate you taking the time this morning. appreciate that. thank you, steve. all right. bernie sanders, we ll keep an eye out on what he does. we have a few extra seconds at the end of the show, so i want to give a shout-out to a team you have never heard of. the new jersey institute of technology. the hilanders, the only independent team in all of college that went to the university of michigan yesterday. it was their first time ever playing a ranked team. just recently they had a 5 51-losing streak and yesterday they won. congratulations to the hilanders. thank you for joining us this weekend. we ll be back next sunday at 8:00 a.m. coming up next is melissa harris-perry. we ll see you next week on up. mmm mmm mmm mm mmm mm mmmmmm here we go, here we go, here we go. fifty omaha set hut losing feeling in my toes nothing beats that new car smell chicken parm you taste so good nationwide is on your side mmm mmm mmm mm mmm mm mmmmmm goodnight. goodnight. for those kept awake by pain. the night is anything but good. introducing new aleve pm. the first to combine a safe sleep aid. plus the 12 hour strength of aleve. for pain relief that can last until the am. now you can have a good night and a. good morning! new aleve pm. for a better am. for most people, earning cash back ends here, at the purchase. but there s a new card in town. introducing the citi® double cash card. it lets you earn cash back when you buy and again as you pay. that s cash back twice. it s cash back with a side of cash back. the citi double cash card. the only card that lets you earn cash back twice on every purchase with 1% when you buy and 1% as you pay . with two ways to earn, it makes a lot of other cards seem one-sided. americans drink 48 billion that s enough plastic bottles to stretch around the earth 230 times. each brita filter can replace 300 of those. clean. clear. brita water. nothing is better. ring ring! .progresso! you soup people have my kids loving vegetables. well vegetables. shh! taste better in our savory broth. vegetables!? 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greatest represented democracy in human history and that s us and happy halloween. and that s hardball for now. all in with chris hayes starts right now. tonight on all in why in the world the fbi would decide to jump into an election with no evidence of any wrongdoing with just days to go. fbi director james comey under fire. ten days to go? i think it s disgraceful. criticism coming from across the political spectrum. i think this is probably not the right thing for comey to do. but is the fbi decision actually impacting voters? we ll breakdown the state of the race with over 23 million votes already cast. jew usa!rom lock her up to jew sa! if in a donald trump close to the election. a second source later confirmed that same story to the huffington post. now, this all comes as comey faces growing backlash for his decision three days ago to announce the bureau had discovered a new trove of e-mails belonging to top clinton aide huma abedin discovered during an investigation of abedin s estranged husband, anthony weiner, for allegedly sending elicit texting to an underage girl. we still have no idea what s in those new e-mails and we have no idea if they have anything to do with the original investigation of potential classified information on hillary clinton s private e-mail server. the fbi has now began to review abedin s e-mails but it remains unclear if they are finished before election day. what we do know about the e-mails and the decisions to make them public 11 days before the election has come largely by leaked to the press. comey explains his thinking and acknowledges potential consequences. given that we do not know the significance of this newly discovered collection of e-mails, i don t want to create a misleading but i wanted you to hear directly from me about it. anonymous sources said he had two main reasons, a sense of obligation to lawmakers and testified this summer and concern that word of the new discovery would be leaked to the media and be reported as a cover-up. the clinton probe has been the subject of an internal feud at the fbi. some investigators pushing for a more aggressive approach. it s been widely reported that in disclosing the new e-mails, comey acted against the guidance of his boss, loretta lynch, and against department policy. earlier today, clinton addressed that issue in cleveland, ohio. i m sure a lot of you may be asking what this new e-mail story is about and why in the host janine piero. i think it s disgraceful. i m outraged because it s a violation of department justice policies and procedures, whatever. it was probably inconsistent with protocol so in that sense you have to question the decision. the protocols are put in place for a reason and ensures more consistent decision making and in that sense you have to question this decision. comey s actions violate not only long-standing justice department policy, the directive of a person that he works under, the attorney general. but even more important, the most fundamental rules of fairness and impartiality. even some of the gop s most famous flame throw ers have bee critical. joe walsh said, look, i think comey should have said prosecute her back in july but what he just did 11 days before the election is wrong and unfair to hillary. and then a member of the outspoken freedom caucus in the case of the a post-election leadership coup. i actually agree. i think this was probably not the right thing for comey to do, but this whole case i think they ve mishandled. i m joined by sheldon whitehouse. he s a former judiciary committee. basically, this would leak, so instead of the director of the fbi writing a letter, you would have reports popping up from unnamed official sources saying we found a bunch of e-mails and it looked like a cover-up so he had to do something. what do you think. if the fbi is not a safe place for classified information or confidential investigative information to go, that s a problem that he needs to address in a very, very serious way. there s a very important public right at stake behind all of this, which is that prosecutors and investigative agencies, like the fbi, get incredible power to look through our personal lives, to look through our papers, to look through our e-mails and they get that power at the price that they are not allowed to disclose it unless they are bringing charges. when i was the attorney general of my state with broad criminal jurisdiction, when i was the united states attorney, we had a very clear rule. any derogatory information that we developed in an investigation had to be listed in the charging document, in the indictment or in the criminal information or else we didn t talk about it. and if there were no charges, then we would never divulge derogatory investigative information, least of all opinion about the suspect who had never been charged. so director comey broke that rule right off the bat with his first press conference. the second bright red flag is that you don t engage with the legislature. he had no obligation to congress to clarify anything. once a prosecutor goes down the rat hole of trying to make sure that congress thinks that what he s doing is fair, there s no going back. and congress is perfectly able to manipulate that by denying its approval, by false criticism and so comey is caught in a terrible trap now of his own making and it s stunning to people who are prosecutors if someone has experienced and honorable as him would fall into this trap. it s fascinating to hear that from a member of the article 1 branch, u.s. senator, to say that this idea of sort of bending the congress or being worried that he was misleading the congress, you don t think that s a legitimate concern in this case? that s totally not a legitimate concern. of all of the people that investigators involved in a criminal investigation should be concerned about, they have no obligation to congress. look, they have an obligation to the integrity of their investigation. and the integrity of their investigation includes keeping information confidential and within the investigation until it s charged. you don t get to be a smearer at large with derogatory information and that s what that rule is designed to protect against and that s the trap that director comey fell into and it s astonishing. what s so insane to me and i ve got to give kudos to the team that reported this paul manafort inquiry, but it s the same problem there. this stuff should not be leaking. we re journalists. but from an ethical standpoint what was interesting, after the comey letter, you have three straight news days of articles with nothing but warring factions of the fbi leaking info without an investigation anonymously and prosecuting this in the court of the public opinion and shredding any presumption of innocence that might have existed. this is a terrible week for the fbi. i have never seen the agency with such indiscipline, with such disregard for these basic prosecutorial principles and ultimately when the dust settles, whether it s donald trump or hillary clinton, the institution that s going to suffer the most will be the federal bureau of investigation for having broken these very, very basic principles of fairness and of prosecutorial conduct. senator sheldon whitehouse, strong words. thank you for taking the time tonight. appreciate it. i m joined by jennifer granholm and richard painter, chief ethics white house lawyer under george w. bush. and mr. painter, let me start with you. i read your op-ed. it was somewhat surprising to me but there seems to be a collective gasp happening after what we ve seen played out in the last three or four days. well, absolutely. the fbi s job is to investigate, not to play politics and the fbi certainly doesn t have an obligation to report to congress but should not be reporting to congress. and the members of the house oversight committee have no business pressuring the fbi to deliver to them information on their political enemies. in this case, hillary clinton. now, in this situation, it appears that the fbi did not have any derogatory information about secretary clinton because they hadn t even gotten a warrant to look at the laptop. so they didn t even know what was in there and yet they are firing this letter up to the hill telling the members of congress that they have all these e-mails. that was inappropriate and, not only that, a violation of the hatch act. the only use of that letter only conceivable use is political. and that s exactly what was done with it and it went up on the internet and then they passed the torch to donald trump and this is a tragedy for the fbi. i am i want to ask you a question, jennifer, in a second. but let me just follow up on that. the hatch act is the federal statute that guides essentially that bars political activity while on the federal dollar. it creates bright lines between essentially civil service activity and political activity. it s a very important part of the civil service architecture of the country. you re accusing comey of violating that. that s a very serious thing to say. well, it s he did violate it. the members of congress, they are not subject to the hatch act. right. there s the president. but the president can t order the fbi or pressure the fbi to investigate his political enemies. neither can members of congress. and that s what s been going on here and we ve had it going on for a year and the fbi s conducted its investigation. they closed the investigation and, by the way, they did not reopen the investigation. i don t know where that came from. but once this letter was sent, it s been blown out of proportion in the media. it s being used for politics and the hatch act prohibits the use of official position to influence an election and i can t imagine a worst violation of the hatch act than the fbi getting involved in partisan politics in trying to influence elections. jennifer, the clinton campaign has been very aggressive on this. you know, they ve organized several phone calls, they ve been public in their frustration and condemnation of james comey. they ve accused him in the wake of the report of him keeping the fbi out of that letter about russia of a double standard, that he was careful about that, not here. is the clinton campaign taking a sledgehammer to an important american institution in precisely they ve attacked donald trump of doing? it s not just the clinton campaign doing it. you have 50 attorney generals who have signed a letter, bipartisan investigation officials, people who are not affiliated with either camp who have long spent their careers as professional investigators or prosecutors signing on saying this as mr. painter has said this is unprecedented. i do think, chris, the double standard issue is a really important one. tonight, you ve got this allegation, this acknowledgement that the fbi has opened an inquiry into paul manafort and his ties to russia and about a month ago there was another report by yahoo that the fbi and intelligence officials were investigating another official tied to the trump campaign named carter page and who was supposed to have ties to russia. those things are really explosive and if the fbi if comey came out and sent a letter to congress saying, yes, i m investigating the fbi for this, there should be there would be incredible outrage. but you don t hear any of that happening. let me stop you right there. the only way we have it is someone leaking it which is improper. that is definitely true. my point is, you don t have the director of the fbi coming out and confirming that. and he is the face of the fbi, which is why this is such a pickle and which is why only he, now that he s gone through this door, he needs to step through and tell us what he has. i know that it may be you know, we don t know how big the universe is, we don t know if it s just e-mails that huma sent saying print this or something like that, your car s outside. we have no idea what they are. but if it is an innocuous as i know the clinton campaign believes it to be, then he needs he has a duty to let the citizens know that there s nothing here, if he can. this entire episode is a reminder of what a thin line it is between the fbi independent and fbi rogue and for much of his life it was in the latter category. that s something to keep in mind. jennifer granholm, richard painter, thank you so much. you bet. still to come, the new unbelievable pro trump ad from white nationalists. that s after this break. you work at ge? yeah, i do. you guys are working on some pretty big stuff over there, right? like a new language for crazy-big, world-changing machines. well, not me specifically. i work on the industrial side. so i build the world-changing machines. i get it. you can t talk because it s super high-level. no, i actually do build the machines. blink if what you re doing involves encrypted data transfer. wait, what? wowwww. wow? what wow? there is no wow. [burke] hot dog. seen it. we know a thing or two because we ve seen a thing or two. we are farmers. bum-pa-dum, bum-bum-bum-bum just serve classy snacks and bew a gracious host,iday party. no matter who shows up. do you like nuts? chanted jew sa. [ crowd chanting jew sa ]. it will be a very, very high priority. that man has been identified as a 51-year-old and he says that s the way i say usa adding, i m around mexican people all the time. i speak spanish. that s just the way i say it. not making it up. seeing as he ended his rant by telling reporters, we re worried about the jews, okay? trump campaign manager kellyanne conway described his conduct as deplorable. we have seen a lot of anti-semites and racists and misogynists who support the trump candidacy. would you call that deplorable? it does not reflect our campaign or candidate. i have to push back on the adjectives that you ve described. these are usa-loving americans. absolutely. who want the country to be safe and prosperous again. the vast majority are not those who chant jew sa but william johnson leaves a quote, the white race is dying out and attacked evan mcmullin who is saying he s going to defeat trump. evan has two mommies. he s over 40 years old, not married and doesn t even have a girlfriend. i believe he s a closet homosexual. don t vote for evan mcmullin. vote for donald trump. in new mexico yesterday, trump falsely claimed hillary advocates, quote, open borders and certainly suggested she would allow 650 million people to, quote, pour in, more than twice the current population, in just one week. he also cited a baseless claim sayi saying immigrants will murder americans. they have warned that hillary s radical plan would result in the loss think of this of thousands of innocent american lives and an uncontrollable flood of illegal immigrants across the border taking jobs and crime would be rampant. joining me now is jason. i guess it s one of these things where you have this conversation, you point to all of these various people and say, look, it s really a thing that these people are supporting trump and the trump folks say and i understand why they do, you re painting with a broad brush and the overwhelming majority are not like that. people don t stand at the rally of a major party nominee chanting jew sa. right. right. donald trump was a racist and gets support by racists. this has not been a question for a long time. he started this campaign by saying there are rapist mexicans and good mexicans. and this is a problem. and it s not because we haven t had racist presidents before. we definitely have throughout american history. i would say that would be the norm, actually. exactly. he s not going to be the first. but he s mainstreamed it. even the turn alt-right. now we have hipster neo-nazis and that s considered fine and sexy. it s dangerous no matter if he loses next week. part of this i think is the atmosphere that is driven by the campaign, right? so there s not right. campaigns are not responsible for everything their supporters do. that s just a blanket, important rule. but they do not they have been slow to condemn certain things and here s wayne alan root at a trump rally talking about huma abedin and hillary clinton. take a listen. i have a name for the feature tv movie called driving miss hillary and the ending, if we all get our wish, is like thelma & louise. he s saying we all get our wish that these other two people will die. right. that is sort of par for the course rhetoric. yeah. and it s become normal. and i don t know, maybe that s his new trump tv show. i don t know. but what we ve seen here is that whether it s bill burr, a candidate in north carolina, donald trump, the idea of causing direct violence against your political opponent is a degradation of political discourse. the suggestion that i will jail my political opponent is a degradation of political discourse. the reason we have peaceful transfer of power, people don t worry if they lose they are going to end up in a ghoul la. it makes everyone much more concerned. i would not be surprised if we see violence after this election next week and that s not something anyone wants to see. i m praying that s not the case. richard burr in a neck-and-neck battle audio of him addressing it and i want to play that audio making a joke about hillary clinton in a gun magazine. take a listen. nothing made me feel any better than i walked into a gun shop i think yesterday in there was a copy of rifleman on the counter and it s got a picture of hillary clinton on the front of it. i was a little bit shocked at that. it doesn t have a bulls-eye on it. and he says, look, that was a joke and has since apologized. but there is you know, you cannot go to any event anymore where the range about the feeling of hillary clinton is either she should be in a jail or she should be dead. right. and here s what i see is ultimately the problem with this. kellyanne can say the trump campaign is trying to distance itself from it. this has been the problem in the republican party for years. this is what reince priebus tried to fix saying we need to open up the party but instead they have gone full and the long-term consequences of this, if you have sitting senators who can make jokes about killing someone who may become president, what that does is embolden less stable, less invested people in this country to attack, to shoot, to possibly try to capture a voting location and that s a problem. trump is responsible for it. let s all remember, it didn t start with trump. jesse helms joked about the president being assassinated if he came to north carolina back when bill clinton was president. thanks for joining me. thank you, chris. still ahead, the state of the race eight days out, coming up. and the seagulls they ll be smilin and the rocks on the san it s so peaceful up here. yeah. 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[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. legality of the actions of north carolina elected republican officials has once again been called into question, this time in a lawsuit alleging the state board of elections in three individual county election boards are purging voter roles in a manner disproportionately targeted against african-americans. naacp claims, canceling the voter registrations of thousands of north carolina voters has been targeted and the lawsuit offers details on the disproportionate impact on black voters. for example, in beaufort county, black voters make up 65% of the challenges even though the county is 26% african-american. there s an emergency hearing on that lawsuit on wednesday in u.s. district court in winston, salem. all of this may sound very familiar. it was this past july that a federal appeals court struck down a north carolina voter i.d. law saying its provisions deliberately targeted african-americans with almost surgical precision in an effort to depress and suppress black turnout at the polls. it was only a week ago that an analysis showed that the reduction in early voting sites in north carolina, again, pushed through by the state s republican governor, reduced the number of early votes. for example, guilford county, cut early voting locations from 16 to just one. it saw in-person voting decline roughly 85%. the picture is one of republican-controlled state and local government making it harder for african-americans to vote sometimes targeting the means of voting that they know will be disproportionately used by black voters. nationwide, there have now been 23 million early votes already cast in this election, nearly 12 million in battleground states and that early voting acts as a hedge against wild fluctuations in the final days. what effect is james comey s october surprise having on those polls? we ll talk about that, next. even a rodent ride-along. [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 [music] jess: hey look, it s those guys. shawn: look at those pearly whites, man. [music] bud: whoa, cute! shawn: shut-up. jess: are you good to drive? shawn: i m fine. [music] [police siren] jess: how many did you have? shawn: i should be fine. jess: you should be? officer: sir, go ahead and step out of the vehicle for me. shawn: yes, sir. bud: see ya, buddy. today, shawn s got a hearing, we ll see how it goes. good luck! so, it turns out buzzed driving and drunk driving, they re the same thing and it costs around $10,000. so not worth it. so let s start with this idea of how much this is going to affect the race. which a lot of people are thinking about. what s your sort of general working theory right now? you know, we ve looked back at october quote/unquote october surprises in the past and some of them move the polls and some don t and if they move the polls, it s one or two points and so it s possible we get slight movement but no movement works perfectly well. christina, one of the reason i want to have you here, there s a way the political sicientists look at these polls and then the cable news does. right. the political science idea, the fundamentals are the fundenls and most of this stuff is noise. uh-huh. is that your general working theory? if you have asked me any other political year, i would say yes. the only caveat to this is that this year and this particular candidate, djt, i try not to say his name, he s so peculiar and unique because he s a celebrity, he s dominated the media, because essentially created a party within a party. yep. and because he has no record in public office at all, which is weird. not a drop. not a drop. so some of our theories right now are on hold. that s an understatement. essentially, they are out of the window in some ways. we should say right now the polling average has clinton up in the three or four-point we have her by five, but, yeah. somewhere around there. with 300 plus electoral votes if the election were held today, my general feeling about the election has been that a lot of the moving up and down with donald trump has been it drifts away as he attacks a judge or has a feud with a gold-star family or boasts about sexual assault which is later confirmed by 12 women saying on the record he did similar things, but that that number it s like a rubber band. they want to come back because they are partisan force a reason and he s the republican nominee. that s exactly right. before this friday, october surprise ever broke, we saw trump moving up slightly in the polls before then. even if he does rise, we can t necessarily say it was because of this. it is because he was getting more republicans than he was before after he shut his mouth. the key dynamic, even when he comes up to that ceiling, that is not and if you talk to the data folks who think about this a lot, they just think they have more votes. they think that the obama coalition is a bigger coalition and if they identify those voters, turn them out, that they have the bigger slice of the pie. so, i m of multiple minds of this and this keeps me up at night. i do think hillary clinton, if we look at the electoral math, if we look at the states that she needs, i think my political science brain says she has them. if people turn out, not even at obama levels, if we ve taken the average from 1992 until the principle, i think she s pretty solid. the issue is, i wonder if these trump people, who are first-time voters, who have never been polled. right. i wonder if they will turn out and they are the noise that we actually haven t been listening to. and there s a lot of uncertainty here. exactly. yeah. and with hillary clinton in a lot of ways, less is more. so the less democrats see of her and the less independents see of her, the more they like her. and so in some ways that s been a strategy, to sort of keep her although, i would disagree in this way. the less coverage they see of her, they like her. the more they see her, the more they like her. she s great one on one and with crowds. it s the coverage of her. that s the point. we have scandal, drama. we have sort of this throwback to 1992 and it s all of the baggage that the clintons bring. the two biggest things that have happened from a polling perspective, the conventions, hillary clinton talking to you and the first debate, here s hillary clinton. so the best things for her have been her actually out there with sustained attention of her as a person and her candidacy and then it ebbs and it moves back in the direction. the e-mails are a proxy for distrust. right. the more information we get about these e-mails, independents are struck with the fact that but the question about that is one of the things we re seeing is how strong the partisan fundamentals are even in parsing the e-mail story at this late stage of the race. asked about the october surprise and you see in fact the clinton voters saying, no, we actually like her more. right. and that s the question, in the big uncertainty, how many persuadables are left, how much this stuff affects them and introduced by the johnson/stein the only reason donald trump has closed the gap in the last few weeks, it s not because hillary clinton dropped. it s because donald trump went out and that s always the number to look at. if he s consolidating the republican base. it s still not been enough. harry and christina, thank you for that. thanks. still to come, candid close accounts from those who work with donald trump and how they coax him away from angry tweets. 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. [baby talk] [child giggling] child: look, ma. no hands. children: i , j , k . [bicycle bell rings] [indistinct chatter] [telephone rings] man: hello? [boing] [laughter] man: you may kiss the bride. [applause] woman: ahh. [indistinct conversation] announcer: a full life measured in seats starts with the right ones early on. car crashes are a leading killer of children 1 to 13. learn how to prevent deaths and injuries by using the right car seat for your child s age and size. thing 1 tonight, the president and first lady celebrated their final halloween in the white house today when a group of kids started performing a dance to the michael jackson s hit thriller, they just couldn t help themselves. it s no surprise, a lot of people based their halloween costumes on two people who want to move in. take this kid dressed as donald trump s hair. that seems to stare at you no matter which way you look at it. katy perry transformed herself into hillary clinton. a woman says she dressed up as 2016 in general with a recreation as this is fine dog. a lot of people have been sharing this throughout the election. very well done. and a common theme at trump rallies, in a jail jumpsuit. not everyone is wearing a halloween costume. thing 2 in 60 seconds. 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. you re a smart saver. you fi ways to stretch your dollar. so why not compare your medicare part d plan with other options? call or go online now and see how aetna medicare rx saver could help you save. with a low monthly plan premium. access to over 60,000 pharmacies. plus $1 tier 1 generic medications at preferred pharmacies including walgreens and walmart. shop smart. compare your part d options today. and find out if aetna rx saver is right for you. even halloween is not giving a reprieve of the election. this costume at a far festival where someone dressed as hillary clinton wearing a bright orange jumpsuit getting arrested by two police officers. those are real police officers in uniform pretendsing to arrest hillary clinton and that guy on the right is also president of a medford police union. the pictures were originally posted to the union s facebook along with the caption, look who npd arrested. hillary wasn t the only nominee they posed with. there s a picture of police officers hanging out with someone dressed as donald trump, the caption reading, making america great again with a flag emoji, which is sort of a different feeling than the other one. both posts have since been removed and the president of the police union apologized saying, these were halloween costumes, it was meant totally as a joke. i apologize if this offended anyone in any way. i never expected this reaction. it was poor judgment on my part. nothing quite brings out poor judgment like halloween more than our election. now we re on a winning streak and i m never taking them off. do i know where i m going? absolutely. we re going to the playoff. allstate guarantees your rates won t go up just because of an accident. starting the day you sign up. so get accident forgiveness from allstate. and be better protected from mayhem, like me. but the best place to start is in the forest. kubo: i spy something beginning with. s beetle: snow. kubo: no. beetle: snow covered trees. monkey: nothing to do with snow. narrator: head outside to discover incredible animals and beautiful plants that come together to create an unforgettable adventure. kubo: wow! narrator: so grab your loved ones monkey: don t even. narrator: and explore a world of possibilities. kubo: come on, this way. narrator: visit discovertheforest.org to find the closest forest or park to you. toddlers. and here are a couple cool things we should tweet today. it s like saying to someone, how about having two brownies and not six. this theme that trump lacks self-control and discipline and is easily manipulated and also widely stubborn was illustrated when the new york post said trump offered chris christie his position and then rescinded it. manafort reportedly concocted a story and told trump his plane had a mechanical problem forcing trump to spend another night in indiana. pence made the case to be his number two. if the petulance is one aspect of trump s profile, another is his very apparent obsession with revenge. we ll tell you what his favorite bible verse is, and we re not joking, next. [burke] hot dog. seen it. covered it. influenced him most, an eye for an eye. joining me is michael steele and benji. it s also not like hidden. he s very much explicit about the role that vengeance, retribution, you hit me, i hit you, it s central to the way he s conducted his campaign and his world view. this is part of what people like about donald trump and what donald trump thinks himself as his guiding principle. i m a counterpuncher, he ll say, you have to fight fire with fire, he ll say and applies this to so many different things, i thought it would be good to take this as the way it explains his view and politically he ll attack opponents viciously, coming up with some excuse saying they attacked him but also with a policy level, torture, taking out families of suspected terrorists. killing terrorist family members is quite illegal. yes. michael, the thing i keep thinking about it, there s this creation with donald trump s campaign how he went to the last correspondents dinner and the president dressed him down and poked fun at him and i ll get you back. you wonder how that s going to be directed at the republican party should he fall short or even if he doesn t fall short, if he wins, either way, you know, we saw kelly anne conway when tammy duckworth threw dirt on the grave. you ve got to think retribution is going to be on the mind after this election, win or loss, against the people he feels wronged him. i think you ve already seen some of that. i think we can gather, from benjy s piece, that donald trump is an old testament guy. and because he s an old testament guy and really is coming out of the world of an eye for an eye and sometimes that extends into a lot of things that it shouldn t. for example, you ve already seen just in the last few weeks where the trump campaign is like, you know, we re not raising any more money for the party. we re just not. and that s just not what you do. right. you know, with two or three weeks left in the presidential campaign. so there s some aspects of this where donald trump has had enough of the gop. he s been fed up with this as he would look at them sort of elitists, weak-minded leadership and sort of taking a strike out on his own to finish his campaign up on his terms in the way he wants to and that, again, is a slap in the face to the party. part of it, also, this other sort of aspect of his personality, the way that people who work for him talk about him. let me say that, for the record, that there s a sort of common theme like staffers on capitol hill, you have to manipulate them, pro us doers in cable news led to water. this is sort of a common sort of trope among people who have to staff folks but it s another level with the way that trump staff talks about him. i mean, everyone around him is always talking about trying to kind of get this completely unruly undisciplined person to do certain things. it seems like a condemnation of the temperament of the person you want to give the nuclear codes to. you need to cajole him with brownies. we re talking about the most powerful job in the world. every president can use a few brownies. that s true. it s not like this hasn t happened in other administrations. that s true. there s a baseline. yeah, there is. but i take your point this way because there is something about the difference that has been a stark one for donald trump. here s a guy who s basically done a lot in business and in the private sector on his own against the odds without a lot of people telling him how to do it and, quite frankly, not giving a damn what they thought about how he was doing it from when his dad said don t go to manhattan and it s like, yeah, right, i m going to manhattan. it shouldn t surprise us that you take this asymmetrical person who has never had to account to anyone other than himself and bring him into politics and we re asking why aren t you doing what we tell you to do? it doesn t work that way and the expectation that it ever would is a shame on us for thinking it. right. although, discipline, it matters in the white house. no, it does. it s not like he s being wild and out of control, right? it goes back to this theme. judge curiel it s retribution.
national republican party to be clear, in context, there s a whole bunch of problems that the trump dpan has for the republican party. there s a new poll that puts donald trump nationwide 14 points behind hillary clinton. 14 points behind? now, that is not the only poll in the world, right? there s another national poll out also tonight from fox news that says he s only 3 points behind hillary clinton. we ll be talking later on in the show with an expert about how to read the various polls right now. how to know what s right, especially when you ve got results like these that are so disparate. in either case 13 points behind or 3 points behind, he is still behind. the headwinds seem very clear right now. tonight at fivethirtyeight.com they re reading those headwinds for the presidential race and looking at the senate polls. fivethirtyeight is giving the republican party a 68% chance of losing control of the united states senate this year. so that is just one of the problems that it appears the donald trump candidacy has created for the republican party. here s another new one that i think nobody s been talking about thus far at the national level but this could be really important. today the national conference of state legislatures said that they re watching for party control to potentially flip this year in 11 state senates and in 7 state assemblies. in the vast majority of those they expect to flip they are republican controlled now, which means if they flip, they re ready to flip to democrat, if the now expected blue wave comes in just at the right time and the right way. that s another part of the bad news that the republican party i think can largely blame on the presidential candidacy of donald trump. so i get that. but what we reported here on monday night that has now all of a sudden come to fruition as truly bad news for the republican party brought upon them by donald trump, it s a very specific thing. it s something that leading republicans are tearing their hair about tonight. and it is having to do with this. several of these signs were reported at polling places in newark s north ward. republican poll watcher, some of them off-duty policemen wearing guns and arm bands were also near the polls. it was all part of the national ballot security task force set up by the republican national and state committees to guard against vote fraud. but democrats charge it was a scare campaign to intimidate voters primarily in minority neighborhoods. this was 1981, the new jersey governor s race that year. we reported on this monday night. this is the case where the national republican party got involved in that gubernatorial election. they flew in basically a goon squad of national operatives on election day and these guys flooded into minority precincts as basically vigilante poll watchers. governor s race in new jersey was going to be close that year. this group from the rnc decided they wanted to keep the vote down, so in trenton, camden, newark, they put up these big warning, warning, warning signs telling people that these voting locations would be patrolled by the ballot security task force and they brought in off-duty cops and off-duty sheriffs deputies who in many cases wore guns on their hips and these guys put on these hooptie ballot security forces arm bands which made them look quasiofficial, then they physically patrolled the voting sites in dozens of precincts that had mostly minority voters. if you did call the phone number that was listed on the big warning signs because you wanted to collect their thousand dollar reward for voter fraud, the 1-800 number reportedly went directly to the republican national committee headquarters at the time. so there was no obfuscating this. it was straight up an rnc op. and it worked. the republican won the governor s race that year in new jersey by a tiny, tiny fraction. both parties at the time claimed that this ballot security task force stunt is how they did it. these armed guys in semiofficial looking arm bands stomping around minority neighborhoods. both parties claimed at the time that was probably enough to make a difference in that race. so for the short-term political calculation that op worked for the republican party, but for the long-term that was a bad move because they re still living with the consequences of what they did there and the fact they got caught for it. because the democratic party sued them over what they did in new jersey that year and the democrats won. and now 35 years later the republican party is still trying to get out from under the legal restrictions that were placed on them because of them getting caught and losing that case. and that is the problem that donald trump has now gotten the national republican party into tonight. in that news footage from that time in 1981, you saw those arm bands that the ballot security task force wore? you could go to a website called stop the steel or another called vote protectors, they directed you to the same place. if you went to those websites until tonight, you could use something called an i.d. badge generator. you enter your details and print out effectively this year s version of the republican party ballot security task force. this year in 2016, this is the badge you get if you use that thing onhine. a vote protector semiofficial looking i.d. badge. that s the picture there and the name of a reporter from the huffington post on the left. she also added in joe schmo, not a real person and a picture of the frog racist trump character from online to show that you can enter anybody s photo and anybody s name and get one of these badges. makes you look quasilegit, right? back in the day when they got in trouble for it in new jersey, the republicans ballot security task force targeted 75 different minority heavy precincts. this year the pro trump vigilante effort. the forces using the fake i.d. badges, online tutorials teaching people to videotape and livestream video of voters at their polling places. this year they haven t pick just three minority heavy cities in one state. this year the effort is targeting minority heavy cities in swing states, cleveland, ohio, detroit, michigan, philly, las vegas, milwaukee, ft. lauderdale, richmond, virginia, fayetteville and charlotte, north carolina. these are parallel efforts, right? what the republicans got caught for in 1981 was organizing these supposed poll watching intimidation schemes, specifically in minority-heavy areas. what s that list look like to you for 2016? right. they only did it in new jersey in 1981, now they re all over the map. but you see the theme there. also a key element of the intimidation back in the day that they got caught for was that they used off-duty law enforcement. that helped both in terms of you know, these intimidating ballot security task force personnel having firearms. they re off-duty cops, off-duty sheriff sheriffs. they had firearms. that added a quasiofficial character to it. random citizens can still be intimidating on their own whether or not they re armed. but when you get law enforcement to do it, that s like the gold standard. we have a lot of law enforcement people working that day. we re hiring a lot of people. we re putting a lot of law enforcement. we re going to watch pennsylvania very quickly. we re going to watch pennsylvania go down to certain areas and watch and study and make sure other people don t come in and vote five times. let me just tell you, i looked all over pennsylvania. and i m studying it. and we have some great people here. some great leaders here of the republican party. they re very concerned about that. and that s the way we can lose the state. we have to call up law enforcement and we have to have the sheriffs and the police chiefs and everybody watching because if we get cheated out of this election, if we get cheated out of a win in pennsylvania, which is such a vital state, especially when i know what s happening here, folks. i know. she can t beat what s happening here. the only way they can beat it, in my opinion and i mean this 100% if in certain sections of the state they cheat. okay? so i hope you people can sort of not just vote on the 8th. go around and look and wam other po watch other polling places. you guys go make sure. you guys go watch. we have a lot of law enforcement. we have to call up law enforcement, we have a lot of law enforcement people working that day. we re hiring a lot of people. we re putting out a lot of law enforcement. a lot of observers of this election, journalists and just regular citizens have been a little ubbed out by the campaign. not just saying the election is rigged, it s being stolen but telling his supporters to go out and do this vigilante poll watching this swing state cities in particular. and when i say watch, you know what i m talking about, right? you know what i m talking about. take a look at philadelphia, what s been going on. take a look at chicago, st. louis. it s not been a subtle thing. people have been ubbed out about it when trump has been calling for people, you know what i mean, go out and watch in these cities. but listen to what he s saying there about the getting law enforcement out there to do the watching. i mean, beyond the ick factor of what he s been doing, the fact that this just seems a little sketchy to a lot of people, but beyond that there is this now plainly observable fact and legally important fact that what the trump campaign seems to be ginning up for election day this year is really a carbon copy of what the republican party did back in 1981 with their arm bands and their off-duty cops and their targeting minority districts. that s what they did in 1981 in new jersey. that s very clearly exactly what they are trying to do now, targeting minority districts, having off-duty law enforcement show up. right? identifying themselves as semiofficial officials of some kind. right? it s an exact parallel to what they did in 1981 in new jersey. that s not just an interesting parallel in history. it s now a huge, huge legal problem for the republican party. don t just take it from me. take it from the man who for many years was the top lawyer in the republican party. that s a huge problem for the republican party. the republican national committee is under a consent decree that severely limits its election day activities because of some actions back in the 80s. if they prosecute that the consent degree due to come off next year will not come off. the rnc is very eager to have that consent decree come off next year when it expires. this activity i can promise you will cause the democrats to go back into court to try to extend it. ding. that was republican lawyer ben ginsberg warning after the last debate that what the trump campaign and republicans were threatening in terms of this poll watching effort that trump keeps talking about out on the stump, he was saying that is a clear and present danger to the republican party because when they got in trouble for that with the court, they ended up signing a consent degree that prohibits them from doing any poll watching like this whatsoever because of their terrible history with this stuff. the republican national committee is banned from any election day poll watching stuff at all that in any way targets minority districts. they ve been banned, legally banned from doing that stuff since the 1980s. and it s really important to them that they follow what they are legally bound to follow here because that consent decree restricts what they re allowed to do and that is finally due to expire next year. the only way it won t expire is if the court finds the republicans are violating it, that they are doing racist poll watching again in defiance of the court in which case that consent decree won t expire next year, it will get extended for another, oh, eight years or so. ben ginsberg on our air sounded the alarm last week that the trump campaign was edging up against a legal line. we reported on monday in the activities very much looked like they are violating this order with the consent decree, then last night huffington post reported that the online training for donald trump poll watchers, for them to learn how they can livestream and videotape people while they were voting. and here s where you go online to down load your fake, semiofficial looking badge that defines you as a vote protector. and now tonight it s happened. the democratic party has just filed papers in court in new jersey asking that court to hold the rnc in violation of that ancient consent decree to which they are still legally bound. they re asking the court to stop the rnc from helping the trump campaign organize these poll watch voter intimidation efforts in minority areas around the country. they re asking that the consent decree should be extended since they say the republican party is in violation of this consent decr decree, democrats say it should be extended another eight years until 2025. so those papers were filed in federal court tonight. i told you that donald trump was creating a big problem for the republican party here. this is going to prove to be a fascinating new test of whether or not the republican party thinks it is in its interests to officially try to dump him in some way ahead of this election that he really looks like he s going to lose anyway. we re told by election law experts tonight including rick hazen from the university of california irvine, we re told that this case, now that it s been filed, it may hinge on whether or not the republican party can tell the court that they re totally divorced from donald trump, that anything highways happening by trump supporters, that anything that donald trump is asking him supporters to do, anything happening from the point of view of the trump/pence campaign, that has nothing to do with the rnc. he s not an agent of the rnc. they can t be judged by his behavior, held accountable for it. that may be the only way the republican party can legally save their skins on this. we re also told to expect that the court may act very fast on this case given that the election is two weeks away. one of the things the democrats are asking for is for the federal court to immediately step in and stop these poll watching efforts that trump and pence continue to try to organize. we re further told that if the court does move on this case quickly because of the timing, because of the stakes, this may rocket quickly right to the united states supreme court. as the republican party tries to stop donald trump from burying them once again in a hole that they have spent 35 years trying to dig themselves out of. now, i should tell you, we reached out to the rnc for comment on this tonight after this filing went in. this is exactly what they told us. quote, the filing is completely meritless. just as in all prior elections in which the consent decree was in effect the rnc strictly abides by the consent decree and does not take part directly or indirectly in any efforts to prevent or remedy vote fraud. nor do we coordinate with the trump campaign or any other campaign or party organization in any tefrts they may make in this area. the rnc remains focus on getting out the vote. part of the reason ben ginsberg said that he could guarantee the democratic party was going to file this motion tonight in federal court is because the trump campaign was bragging, they re bragging to reporters and bragging on the stump, bragging in interviews that they were working with the rnc, working with the republican party up and down the ballot, working with the national republican party, working with the state parties, working with the local parties on this effort to protect the integrity of the vote. watch those polls. they ve been bragging that they re working with the rnc on this. the rnc in this stam telling us they do not coordinate with the trump campaign in any efforts to prevent of remedy vote fraud. in order to save the republican party on this, they re going to have to divorce themselves from donald trump. i wonder if they ll think it s worth it? the candidacy of donald trump for president of the united states has not been a gift to the republican party this year. but on a night like this, with this much at stake for the party, this thing they ve been trying to defeat for 35 years and him plainly not caring about it at all, what does he care if the republican party is still stuck he doesn t care. it s not going to affect him after this. the republican party s got to be looking at these court filings and looking at this guy thinking, what else can this guy do to us? i don t know what s going to happen here, but watch this to move quickly in federal court in new jersey. watch this space. my business was built with passion. but i keep it growing by mg every dollar count. that s why i have the sparcash 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[smokey whistling a tune] i guessing smokey liked that idea. 20 years ago exactly, 13 days out before the election that year in 1996, senator bob dole was not just losing in the polls, he was getting eaten alive. in the three-way race between president clinton, senator dole and ross perot, dole was behind clinton by a margin of something like 17 points at this point in the race. and the republican party saw what was coming. the party leadership basically gave up on dole altogether. they told their down-ballot candidates to save themselves. feel free to distance yourself from the top of the ticket. and so 20 years ago, 13 days before that election, just as we re 13 days before this one now, 20 years ago bob dole hatched a plan. he did something no one expected. good evening. it appeared to be an act of desperation. bob dole way behind in the polls sent an emissary to ask ross perot if he would get out of the race and endorse him. unfortunately for dole, it backfire. it gave perot an opportunity to belittle the dole campaign. dole sent his campaign manager to perot and perot dismissed his request out of hand, it was one more bad piece one for piece of bad news for the republican candidate. david bloom is with him tonight as he s been all during this campaign. bob dole not a happy man tonight. tom, unhappy is putting it mildly. a top dole aide said this was a hail mary pass and when it failed and the story quickly leaked dole was angry and it showed. spurned by ross perot and admittedly frustrated bob dole lashed out today at voters wake up, america. at president clinton s ethics. this is a disgrace. and especially at the liberal media who dole blamed for trying to engineer his defeat. we need the media to tell the american people the truth and the truth is that bill clinton ought to be voted out of office in a landslide. in washington, ross perot called dole s maneuver weird and totalli totally inconsequential. some called dole desperate. and some admitted to being stunned and disappointed that dole would even try to court perot. but this afternoon in a huge rally in front of alabama state capitol, dole, former governor george wallace looking on, focused instead on questions of presidential character. is there no honor in this administration or in this white house? don t inflict this on america for four more years. the problem for dole is that he s having to spend much of this week campaigning in what should be core republican states already, florida, texas and alabama. that was the bob dole campaign 13 days out from the 1996 election. that hail mary overture to ross perot. and ross perot swatting it down and leaking it. and we are also now 13 days out from our presidential election this year. it is a fair point there at the end of that package from nbc that to note that bob dole, one of the ways you can really tell he was in trouble was the fact that he was having to campaign in deep red states like alabama. republican leaders were abandoning bob dole all over the country, but he did go to alabama in the waning days where he at least got former segregationist jormg wallace to rally with him. really, bob dole? why did you do that? this year it s not alabama where pence and trump are campaigning. it s utah. that s where republican vice presidential nominee mike pence held a campaign rally tonight in salt lake city, utah. tomorrow mike pence will be in nebraska. a second deep red state that republicans have not lost since 1964 and where they should never have to campaign. now, in the parallels aren t exactly the same. luckily for the trump campaign, there is no ross perot to humiliate the republican candidate this year, right? the trump campaign doesn t stand the risk of asking mr. perot to please drop out of the presidential race only to have it backfire, have perot call it weird and get, you know, ridiculed for it. the closest thing the trump campaign has this year the a third party challenger is not ross perot, it s probably the libertarian ticket of gary jo johnson and bill weld. today well, now bill weld has just endorsed in the other direction, although he s being a little coy about it. at a press conference bill weld released a statement saying if you re deciding between the two major party candidates don t vote for donald trump. not in my lifetime has there been a candidate for president who actually makes me fear for the ultimate well-being of the country, a candidate who might in fact put at risk the solid foundation of america that allows us to endure even ill-advised policies and the normal ebb and flow of politics. i would like to address myself to those who are torn. i have come to believe if donald trump were elected president he would not be able to stand up to pressure and criticism without becoming unhinged and unable to perform competently the duties of his office, donald trump is not stable, donald trump should not, cannot and must not be elected president of the united states. but beyond that, no further guidance from the libertarian vice presidential candidate bill weld. his advice is if you re choosing between two major party candidates, don t choose that one. don t choose trump. but you can do the math yourself to figure out what you should do instead. i m not endorsing hillary clinton, but you can figure it out. that s actually nicer than what ross perot did to bob dole in 1996. trump and pence should maybe be happy with that. before taking his team to e r the first time. gilman: go get it, marcus. go get it. .coach gilman used his cash rewards credit card from bank of america to earn 1%asck everhere, every time. places like the batting cas. [ crowd cheers ] 2% back at grocery stores and now atholesale clubs. and 3% back on gas. which helped him give his ayers somethg extra. the cash rewards credit card from bank of america. more cash back for the things you buy most. cer: sir, go ahead and ep out of the vehicle fore. shawn: ye sir. bud: see ya, buddy. today, shawn s got a hearing,e ll see how it go. good luck! so, it turns out buzzed driving and drunk driving, they re the same thing and it costs around $10,000. so not wtht. intercom: the library [ kis now closing.] ok kid, closing up. goodnight. the hardest part about homework shouldn t be figuring out where to do it. through internet essentials, comcast has connected over 3 million people in need to low-cost internet at home. welcome to a brighter future. comcast. zblrkts when you woke up this morning and checked your phone or whatever it is you look at first thing to get your news, you probably saw a headline like this one declaring that the polls are tightening between hillary clinton and donald trump. we have seen some recent evidence of that. a bloomberg poll of florida voters today showed donald trump actually up by two points in florida. most other florida polls have shown hillary clinton very consistently ahead in that state. we also have the nbc wall street journal marist poll today showing donald trump tied with hillary clinton in nevada. the early voting numbers for trump in nevada have looked terrible, but they re tied in the latest poll out of that state. then, as i mentioned at the top of the show, there was no national polling. there was this new ap national poll that s out tonight that puts donald trump nationwide, 14 points behind hillary clinton. trump is only at 37% in this new national poll that just came out tonight from the ap. for a little perspective on that, go back to 1984 when walter mondale only took one state in the whole election that year. if donald trump really is at 37% right now, which is what he s at in this new ap national poll that just came out, if he s really at 37%, then donald trump right now is polling 4 points worse than mondale did in this electoral scenario. which is finito, right? just as we were digesting that mammoth new lead in that ap poll with trump down by 14 points, just as we were digesting that we got another poll from fox news. fox news is editorially conservative but their polling is for real. yes, hillary clinton is leading nationally by only by 3 points. and that s in a poll with a 2 1/2-point margin of error. so these winning nationwide by 14 points, she s winning nationwide by 3 points. i mean, obviously, it all comes down to individual states, but still i m popping numbers from the ap and fox today and ones that don t make much sense together. how should we make sense of these numbers? where exactly are we at right now? we ve got expert help on that, next. honey.our turn?urn? ye, we go left right here (woman vo) great adventures are still out there. we ll find them in our subaru outback. (avo) love. it s whamakes a subaru, a subaru. 80% try to eat healthy, yet up to 90% fahort in gettingey nutrients from food alone. let s do more. add one a day men s gummies. complete with key nutrients plus b vitamins to help convert food intfuel. [dance music playing] woman: los like s done. [reco scratch] cer: d l salmonella get nkwith yo chicken. will get a foodborne illness this year. u can sethese microbes, but they might be there. so, learn the right temperae to cook each type of meat. ke your family safe at foodsafety.gov. they are going crazy because they put out these phony polls and then the real polls come out. so today bloomberg has a poll, they re very disappointed. trump is up in florida by two points. they re very disappointed. these crooked pollsters. got their thumb on this. joining us is a senior political writer for fivethirtyeight.com. a young man we ve been increasingly turning to for poll interpretation help. thanks for being here. pleasure. what do you make of the ap national poll coming out tonight showing clinton with a 14-point lead right before fox comes out with a national poll showing her with a 3-point lead? how do we absorb that information responsibly as humans in. i would say what i always say and that s average them. you have to keep in mind we re getting 50, 60, 70 polls day now. survey monkey released all these polls on the state level. you ll have a normal curve, some on the left part, some on the right part. the fox news poll was on the left part and the ap poll from the right part. and they had a poll from abc news this morning which had her up about 9 points. don t believe anything that looks too much unlike the other things you re seeing? essentially that s right. if something seems too good to be true, it probably is. or too bad to be true. depending on your angle. based on the way you look at the polls and your data and your systems for absorbing it responsibly, do you feel that the race is tightening a bit right now? if it s tightening, it s barely tightening. the last model had hillary clinton with a s7-point lead no it s 6.3. if donald trump continues to tighten that with two weeks remaining he won t be able to catch hillary clinton. unless he tightens the race at a faster pace. part of that time calculation is how many votes have been cast already. well over 10 million votes cast already. is there anything that tells you that you re watching in particular that s particularly presiptive or illuminating in terms of the early vote? you have to be very careful because some states changed the way. in nevada, a reporter out there will tell you that the trends look the same as in 2012 and when hillary clinton carried that state sorry, barack obama carried that state by five percentage points. it looks different for hillary clinton but overall be careful about reading too much into the early vote. any one state you re looking at, whether polling or early voting numbers that you feel like you re counting on as a barometer in terms of how the state will go? one is florida and the other is pennsylvania. donald trump must win in florida and hillary clinton must win in pennsylvania. there were three other polls today that had him down by three percentage points. that s very bad news for him in that state. if you could only look at two states per day from here on out, you d look at florida and pennsylvania. right. senior political writer for fithirtyeight, thank you for being here. using 60,000 points from my chase ink card i boug all the frawork. wire. anplan need to givey shop. a face. no one will forget. e wh the power of poin can do for your business. learn mo at chase.com/ink i m one unlucky guy. the chance of being involved in a robry is 1 in 757. the chances of being struck by lightning. 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[ding] woman on p.a.: please ften your seatbelts for unexpected rbulence. annncer: the chances of being a victim in an airline crash, 1 in 29 million. the chances of bng involved in a car cra are far great than lightning strikes and plane crashes. and if you are texting while driving, your risk of crash increases 23times. now, i may be an unluc guy, but i d tave to be part of thastatistic, and neither do you. drive responsibly. independents, then finally the pirates. the pirate party of hackers and anarchists whoever else just feels like being a pirate. they re on course to win next week in the parliamentary elections in iceland even over the parties named bright future and regeneration. i m not jealous exactly, i m just thinking maybe we could aim a little higher when naming our own parties there. more from our own partially pirated election straight ahead. i love that my shop is parof the morning ritualround here. people rely on that first cup ani wodn t want to mess with that. t when (my) ck pain got bad, i coul sleep. had trouble getting there on time. then i found aleve pm. aleve pm is the only one to combine a slp aid plus the 12 hour strength of aleve. look up at a new dada hey guys! now i m back. aleve pm fora better. now i m back. teachers, firefighters and nurss support prop 51. prop 51 repairs older schools and removes dangerous lead paint and pipes ensuring classrooms are safe for all students. for safe schools vote yes on 51. teachers, nurses and firefightes support prop 51. prop 51 will upgrade libraries, science labs, and classroom technology and relieve school overcrowding creating more opportunity . . . and better learning for students help students succeed vote yes on 51. all right. the very first question in the last debate between the two presidential candidates was an open-ended question about the supreme court. where do you want to see the supreme court take this country? and hillary clinton went first. she responded in a sort of tight direct way. she said she wanted a supreme court that stood up for the people against powerful interests that otherwise get their way. she wants the court to uphold row v. wage and uphold major equality. she wants the court to overturn citizens united to get dark money out of politics. it was just title down the line name check several decisions. she was first. then the moderator turned the same question to donald trump. where do you want to see the court take the country. how in your view should the constitution be interpreted? and donald trump s answer was that there s this one justice on the supreme court who said a bad thing about me once and that was terrible. and if you think i m being hyperbolic, i understand, you think i m being hyperbolic. i m not, though. that s exactly where i had went right off the bat in response to an open-ended question about the supreme court. secretary clinton, thank you. mr. trump, same question. where do you want to see the court take the country and how do you believe the constitution should be interpreted? well, first of all, it s great to be with you and thank you, everybody. the supreme court, it s what it s all about. our country is so, so it s just so impair ittive that we have the right justices. something happened recently where justice ginsburg made some very, very inappropriate statements toward me and toward a tremendous number of people, many, many millions of people that i represent. and she was forced to apologyize and apologize she did, but these were statements that never should have been made. donald trump, what s your view of the importance and the proper role of the united states supreme court, thank you for being here, justice ginsburg once said a mean thing about me, isn t that terrible? but enough about me. what do you think about me. that was just a weird moment to start the very last debate. right off the top, first question, what s important about the supreme court is something one justice once said about donald trump. on the one hand that was just a fantastic display of ignorant narcissism, right? hey, the supreme court isn t about you. but it s also possible that it was more than that as well. because justice ruth bader ginsburg having once said a critical thing about donald trump really isn t the most important thing everybody needs to know about the supreme court of the united states unless, unless the supreme court of the united states on which she sits is going to be called on to decide the presidential election between hillary clinton and donald trump. right now there are only eight justices on the supreme court since justice scalia died. four of the remaining justices were appointed by democrats, four were appointed by republicans. for more than seven months now republicans in the senate have refused to even consider plb b president obama s nominee for the ninth seat on the court. and if the supreme court deadlocks in a 4-4 tie, they can t rule. i mean, if hypothetically clinton versus trump goes through a contested recount situation in one state like george w. bush versus al gore did and if that happens and if the supreme court was narrowly divided like they were in bush versus gore, we wouldn t have the option this year of getting a 5-4 ruling. if the justices broke on partisan lines, we would, in fact, get a 4-4 ruling and that would mean they could not issue a ruling to decide about the contested recount in whatever state was contested. and so some random lower court or some board of elections decree in some backwater would be left to decide 40 wwho was president of the united states. then hopefully, fingers crossed, hopefully we d all decide we d go along with it because some partisan elected state judge said who the president should be so the whole country and the whole world would all salute and go along with it for four years, hopefully? just a nightmare a nightmare sc right, for the country. a nightmare scenario for the legitimacy of the presidency. a contested election and a 4-4 tie on the supreme court. that means it can t be nationally resolved. but you know what? nobody ever said you needed to have five votes to have a supreme court majority. right now it s an even number on the court. eight justices with a 4-4 ideological split, which could conceivably lead to a 4-4 tie. but if one of the justices was pressured into recusing herself, then the court would be 4-3, not 4-4. and 4-3 is not a tie. so if one justice could be persuaded to recuse from a case involving a contested presidential election, then a closely divided supreme court could decide a contested election. it would just be a 4-3 ruling. and if justice ginsburg were the recusal, it would be a republican majority 4-3 split, donald trump win. justice ginsburg made some very, very inappropriate statements toward me. when donald trump answered a question what is important about the supreme court and he immediately answered by attacking justice ginsburg for something critical she once said about him, i m not saying that wasn t a shocking display of raw narcissistic self absorption in terms of what s important about the supreme court. but it also may have been him laying the groundwork how he would contest the election if he can get it close enough or wild enough of that the election results somehow winds up in the courts. he is already laying the groundwork for demanding justice ginsburg s recusal. meanwhile, president obama s nominee to fill the vacant seat on the court has been weight 7 1/2 months since the president nominated him while republicans won t give him so much as a single hearing. will that nominee, merrick garland still be the nominee for the supreme court if hillary clinton is elected in two weeks? or will she pick her own nominee once she is sworn in january? if clinton does win, will republicans suddenly change their mind about merrick garland and decide they want to confirm him after all, right after the election, so they can fill that seat with a known quantity before the new president clinton has a chance to pick somebody new for the bench? and in that instance, clinton s running mate, vice president-elect tim kaine, he would still be in the senate and able to cast a vote. how would he vote if that happened? if the senate goes democrat in november, and if you and hillary clinton win on november 8th, the republican-controlled senate will have the opportunity in the lame duck to change their mind about merrick garland. yeah. to try to approve him because they would worry that somebody more liberal would come along. or 20 years younger. yeah. even if it was the same person 20 years younger, i don t know if i want that. if that happen, and that s not outside the realm of possibility, president obama would then have the opportunity to withdraw the nomination in deference to president-elect clinton. do you think president-elect clinton at this point would want merrick garland to be the nominee? what she pick somebody new? what would you want? i haven t talked to hillary about it. i have to tell you, this is in criminal of the republicans. mitch mcconnell has been very unequivocal, we re not take him up. we re not taking him up. but the prospect of seeing an election, boy, maybe we should, they will make that call. if he comes up for a vote in the senate, i m voting for him. because he so clearly gets over the hurdle of the fitness and character test that is supposed to be the test for advise and consent. but, you know, if the session ends and he is not approved, you know, then hillary should appoint the person that she thinks meets her criteria for being on the supreme court. should she consider merrick garland? of course. that is who president obama said this meets my criteria. hillary will be the president. it s not bill clinton term 3, and it s not barack obama term 3. it s hillary clinton term 1. and she should make the decision what she thinks is her criteri for that vacancy. tim kaine speaking with me last night about whether or not hillary clinton is going to renominate president obama s pick for the supreme court, merrick garland if she is elected president in two weeks. no one, including clinton herself or kaine here last night or anybody associated with the clinton campaign, nobody is clearly stating that she would pick someone different than merrick garland if she is elected. i think, just my take from the way they all talk about it, though, that it s fairly reasonable to expect now that she would pick somebody other than merrick garland. if she is elected. and that s going to be really interesting. because if that happens, president obama is going to be in this position after the election where the republican-controlled senate really might all of the sudden be willing to approve merrick garland, his supreme court nominee. and at that point president obama will have to consider whether he wants to have his nominee approved to sit on the supreme court or whether he instead would withdraw that nomination so hillary clinton would be free to pick her own choice when she is sworn in january. and i think i know what president obama would do in that instance. but are you sure? the supreme court and the presidency are always intertwined. this year it s starting to feel less like that traditional intertwining. it s starting to feel more like they re choking each other out. he is the steward of the office. part of our inheritance is our democratic system. that s what the office of the president of the united states is about. and when it s undermined by a candidate for the presidency, we have to understand how cancerous that is. thatchism did not rise in the 30s because it was strong, but because democracy was weak. we need to understand that. 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[applause] woan: ahh. ndistit corsation] announc: a full life measurd seats starts with the right es early on. car crashes are a leading killeof children 1 t13. learn how to prevent deaths aninjuries by using the right car seat for your child s age and size. they offer alaim-freesurce smardiscount. because sa driversost less to insur which ses money. and en they ve, you sa. that s auto and home insance for the modernorld. esurance, an allstate mpany. click or cal ance ds auto insurance a ter way. like their photo claims tool. it helps stle your claim money. qukly,which saves times and when they sa, you save. that s autand homeurance for the modernrnorld. esurancean allstate compan click or call. and something amazing ppens. th s our inspiration f fancy feast medleys. wild saln primaver tastes amazing. gfancy feast medley at the top of the show tonight, we broke the news that the democratic party has filed motions in a federal court in new jersey over the sort of vigilante poll watching stuff that the trump campaign has been threatening for election day. donald trump, mike pence, and some of their supporters have been talking about an effort to flood trump supporters into cities in swing states, particularly minority heavy swing states, cities in various swing states to watch the vote in those places. to make sure that the vote isn t stolen. it s an inchoate effort. there has been some unusual stuff, including trump talking about including law enforcement to be part of that effort. and until last night when the huffington post started asking questions about it, there was apparently an online effort to sign people up for this vigilante approach of poll watching, an effort that included an online forum where people could printout their own semi official looking badge to make themselves look like they had a reason to be at poll watching places while they videotaped people while they were voting. and reported on whatever was happening there. tonight we reported that the democratic party has filed papers in court in federal court in new jersey, saying that the republican party is in violation of a on sent decree that they ve
this was locker room banter, a private conversation that took place many years ago. bill clinton has said far worse to me on the golf course, not even close. i apologize if anybody was offended. in a tweet concerning the audio, hillary clinton said this is horrific. we cannot allow this man to become president. billy bush also released a statement, obviously i m embarrassed and ashamed, that s no excuse. this happened 11 years ago, i was younger and less mature and acted foolishly in playing along. i m very sorry. tomorrow is trump s meeting with paul ryan signing a bill to protect the rights of sexual assault survivors. the chair of the national committee reince priebus said, no woman should ever be discussed about in these terms or talked about in this manner ever. joining me charlie sykes, linda chavez, and ms. chavez, i guess i ll just begin with you in responding to this. well, i have said from the moment he announced that this man can be described in one word, and that one word is vile. and frankly, if i were paul ryan, i would cancel the event. part of the problem, the reason donald trump has been able to get away with what he s gotten away with is he s got the reince priebuses of the world, the paul ryans, the bill bennetts, the groups around him that support him and give him cover when he s just a disgusting man and if he had any kind of dignity, if he had any kind of courage, he would step aside and let mike pence run for president because mike pence is at least qualified and donald trump is not. charlie, what do you think about ryan has tried to play this kind of arm s length game, paul ryan in wisconsin which is where you are. he s tried to play this arm s length game. he didn t endorse, but then did endorse but not in stirring terms. he s campaigning with him and he s campaigning with him tomorrow. yeah. the republicans of wisconsin right now are at def con 1. i heard from one who said i m in tears the over this. at this point it s hard for me to imagine that this would go ahead that you d have donald trump on the stage with paul ryan and scott walker and ron johnson and every other prominent republican. is this going to be same old same old where nothing ever matters and it will blow over or is it possible that this is career ending, to stand next to a guy who is talking about sexual assault and find some way to do that. so i m guessing that right now there s a tremendous amount of scrambling. they re not going to cancel this event. this is a major event for republicans in wisconsin, but i would not be surprised if donald trump suddenly realized that maybe he should spend some time doing some debate prep rather than coming to elkhorn, wisconsin tomorrow. this is a real test. if the cancellation happened, it would be trump not going as opposed to ryan pulling out? right. ryan s not going to pull out. this is a major event in paul ryan s own district. and the reality is this was something that was brokered by reince priebus, the chairman at the republican national committee. he s going to have to fix this because he got all of his loved ones together and here comes donald trump and he s got a suicide vest on, but it will take out everybody. the only way to solve this is for donald trump to figure out something else to do other than come to wisconsin tomorrow. people around here will be very surprised if this takes place tomorrow given that tape that you just played. charlie just mentioned this idea, will this blow over like other things happen? we ve been through a variety of news cycles in terms the of things that donald trump has said or done or proposed that have been head snapping or have inspired a tremendous amount of offense or revulsion and he s still standing. i guess what i think is this idea that he can be felled by something i think has been proven not true. but at this point he s behind. and i don t think this news cycle could help. no. chris, it really isn t about him stepping aside. and i think that you re right that this event should not go on. but it s going to have to be the party that steps away from donald trump. donald trump is never going to give up this quest. he s not going to step aside as i think he should. but it s been an amazing thing to watch. but if they want to save the republican party there are people like me who have been faithful republicans. i am a hard-nosed conservative. oh, i know. across the board. and i cannot abide this man. and if this man is going to represent the republican party, then i m not going to want to have anything to do with it. i can tell you that i have these conversations all the time with my fellow never-trump tpers. we want no part of a republican party that s exemplified by donald trump. that s why tomorrow s breaking that s why watch what happens, because this will be a breaking point. this will be the distancing, the recognition that this is hurting among women, men who know women. humans. yes. exactly. yes. so here s the thing. obviously there s been and i have to say my own personal sort of hierarchy of these things, there s probably 50 things worse he said or proposed than this, which i agree with this characterization of it is vile. there s sort of conversations that happen i mean, i guess at one point what does panic do? the only way to transmute panic would be some sort of tactical shift at the top of the ticket away from the rnc, is that right, charlie? you might start seeing that soon. you do have these down ballot races. the conversation will switch very quickly to how do we save everybody else? how do we make sure that the stink gets washed off of the people who are closest to donald trump, but it doesn t cost the senate and the house of representatives? and you are going to see that in a very short period of time, i think. this is, again, will this be different? i don t know. but the reality is that all of the crudity, all of the misogyny, all the infantile nature of this guy is just out there for display. i don t know how any politician stands next to him and justifies in any way saying, okay, yes, the man is talking about sexually assaulting women, groping women, but we should still make him the president of the united states. thanks for making some time today. appreciate it. thank you. joining me now the columnist for slate our degrading election gets the catchphrase it deserves. what do you do with this? okay, so i m laughing. we re laughing because it s sort of gallow s humor. i m glad that charlie used the phrase sexual assault over and over again. the point is not that donald trump said something lewd or is misogynistic. or tried to have sex with a married woman. i don t care about that, but if he wants to bring up infidelity at the debate which he s been threatening to do but we know that donald trump is no paragon of marital faithfulness. he s talking here about sexual assault. there s a lawsuit that charges him with sexual assault and the details sound a lot like what he is basically bragging about doing here. you know, both in terms of kind of grabbing somebody against her will and also this kind of very dogged pursuit of a married woman. come on, cheat on your husband. if you read the details of this lawsuit, it sounds like his m.o. and at the time, ivanka trump not at the time but later on when this became public, ivanka trump dreefended her father by saying, i know my father and he s not a groper. now he says that he is indeed a groper. a proud groper. and this becomes not just about donald trump says gross things on tape. i think this becomes an urgent question to ask at the debate on sunday. what did you mean when you said grab them by the i m not allowed to say this on msnbc right. how many times have you done that? there s a whole question it s not just about sex anymore. it s about predation. let s also remember that one of the men who is advising donald trump is roger ailes. is roger ailes. whose lawsuits in which he and his daughters have denied as alleged in gretchen carlson s lawsuit and others over a variety of decades was essentially using his position of power to do precisely what donald trump talks about doing. and donald trump is there bragging that this is kind of what he s able to use they ll let you do anything. his power to do. so i think that doesn t matter where maybe this is the election that nothing matters. but on the one you know, he s already losing. just about the worst week of his campaign. and sort of like rats from a sinking ship element to this in that people who maybe would have been able to defend him if he was at 48% in the polls would be less likely to defend him hen he needs to be able to muster some degree of his very fragile self-control for debates that are coming up on sunday. what do you think about this like bill clinton, it s so clear that they somehow think that the invocation of bill clinton is just universally exculpating, that it s like some magical forcefield in which as soon as you say bill clinton and women, you can t be touched by anything. well, i think that s been kind of he sees that as the nuclear option. every so often, i didn t go there. i could have said something, right. but both they think it s this sort of alibi where they think it proves liberal hypocrisy, i also think that because donald trump is such a kind of such a bone-deep sexist, i think that he thinks that it discredits hillary clinton to be cheated on by bill clinton more than it discredits somebody to cheat, right? because it s all kind of about dominance and cuckolding. you need a primatologist to understand his displays of dominance. his attacks on women is less about eroticism and attraction and more about getting over on some other guy. thanks for being with me. appreciate it. coming up, more on the bombshell donald trump tape out tonight. we ll talk about trump s problem with female voters. and the other outrage of the day. more than a decade after they were exonerated, he still believes the central park five were guilty. one of those men who wrongly served five years in prison joins me to respond, ahead. we thought fibers that help you stay regular caused unwanted gas. not good. then we switched to new mirafiber. only mirafiber supports regularity with dailycomfort fiber and is less likely to cause. unwanted gas. finally. try new mirafiber. from the makers of miralax. g new cars you re smart. you already knew that. but it s also great for finding the perfect used car you ll see what a fair price is, and you can connect with a truecar certified dealer. now you re even smarter. this is truecar. yeahashtag sffy nose. cold. hashtag no sleep. i got it. hashtag mouthbreather. yep. we ve got a mouthbreather. well, just put on a breathe right strip and . pow! it instantly opens your no up to 38% more than cold dicine alone. so you can breathe . and sleep. shut your mouth and say goodnight mouthbreathers. breathe right. so you can breathe . and sleep. we can t go back to the years of devastating cuts to public education. exactly why i urge you to vote yes on prop 55. prop 55 prevents $4 billion in new education cuts without raising taxes on anyone. and there s strict accountability in prop 55. with local control over school funding decisions. and mandatory annual audits guaranteeing the money goes directly to our classrooms. not to bureaucracy, not to administration. so vote yes on 55. because it helps our children thrive. time maligning alicia machado and who hillary clinton raised as an example of his bad treatment of women. you saw the detailed account of trump s reportedly lewd and sexist report of a star of the apprentice. we were in the boardroom one time figuring out who to blame for the task and he just stopped in the middle and pointed to someone and said, you d f her, wouldn t you? i d f her, come on, wouldn t you? recently a 1993 white house correspondents dinner about which trump s behavior toward women at his table was so bad that a swedish model was nearly brought to tears. he is, she told me, in words that seemed almost familiar, the most vulgar wbr-id= wbr12523 /> man i ever met. the story of his miss onogyny i sold that if it were a person, donald trump would probably not date it. one thing is this is not an isolated incident. no, not at all. it s not like i mean, there are people people can be caught on tape saying a thing that reflects poorly on them that is not necessarily a deep character trait, but it s hard to make that argument here. right. so donald trump has this decades long record on the record of women talking about what a creep he can be to them. and it s like we just sort of glossed over it until now when he s admitting it. how many women have to say he s a creep before we believe them? we had to wait until donald trump actually admitted he is a creep before everyone was like, oh, he s a creep. this is popping into the timeline here, the new york times was told by miss utah in 1997, he kissed me directly on the lips. i thought gross, he was married to marla maples. mr. trump disputed this saying he s reluctant to kiss women on the lips. he s like a kissing magnet. just can t stop himself from kissing. you had this whole piece, which is great, about sort of this idea that he s a pickup artist. yeah. what was that? if you don t spend time in the garbage dumps of the internet like i do and it s a philosophy that men kind of embody where if they bully women, push them around, if they re rude to them, they cannent wally kind of dominate and take from them what they want. this is not something that trump subscribes to, but he just kind of lives it. he talked about heidi klum not being a ten. that feels like a lifetime ago. a lifetime of donald trump misogyny ago. that s where it s putting someone down so they want to impress a person more. there s this whole sort of in the garbage dumps of the internet, sort of bizarre very sad and pathetic sort of ideology of male domination called the pickup artistry. yeah. i feel like there s also this crazy ideological substrate of this about what is okay and what s not okay. i find it gratifying to see these republicans saying, yeah, not cool. it is really interesting to see that. it was interesting to hear in first part of the show hearing charlie sykes use the word sexual assault many times which is what donald trump was talking about doing, which is sexual assault. if you grab someone in a sexual way that doesn t want to be grabbed, then you re sexually assaulting them. it goes beyond old school sexism, like old school cartoon bully sexism, beyond what s normal, beyond whatever should be acceptable. in terms of the drama of this election, of course, this is who rebecca tracer once wrote this great line, of course, of course, the first female. if a woman can be president, of course the person she will have to vanquish, the person she ll have to get past is this person. despite all this, despite the fact that this is like the most open secret in the history of open secrets. we know this is how he made his name in the he s still polling at 45%. that s still not enough to disqualify him for 40-plus percent of the population. he s winning men by a healthy margin. not so much college educated men as the ones without college degrees, but guys without college degrees love him. i think it s partly because he s an aspirational figure to them. he treats women the way they wish they could treat women and he s successful. he represents the way they wish they could act, the way they feel they deserve to be treated. a certain kind of person who thinks a certain kind of way about what it is to be a powerful, dominant man. sure. he is aspirationally a jerk. and women voters are not buying it. no. weirdly enough. no, it s weird that women would not be into someone talking about grabbing their private parts because it s fun. can t wait till that comes up. great to have you here. thank you. still ahead, battering florida, hurricane matthew takes aim at georgia. we ve got the latest forecast, next. hotels.com s rewards program is simple. for every 10 nights i stay, i geone free. cell phone captain obvious. this on the other hand, will not be simple. you gonna have to ride the belt. hotels.com. so simple, it s thebvious choice. i have liqds in by! meteorologist bill karins. you and i spoke last night about how important those little wobbles in the trajectory were and how much damage and human tragedy was on the line, and it looks like we basically got lucky. for a lot of the east coast of florida, especially dout of daytona beach, they did. but north of daytona beach it is bad and still bad for those areas of daytona beach northward. it s moving north. it looks impressive on the satellite imagery. as of the georgia coastline, you are very fortunate that you are at low tide right now because the storm is as close as it s going to get. the water is already running high. the fear is from savannah up to charleston, myrtle beach areas, we ll approach high tide at 1:00 a.m. in the morning when the storm is closest to you. they re now saying in the charleston area, this will likely be the second worst storm surge in your city s history after hurricane hugo in the mid- 80s. that s a big powerful statement. that s how nasty it can be in the middle of the night in the dark people don t have power and the water is going to be rising quickly. the people who didn t evacuate will go through that in the middle of the night tonight. that s scary stuff. here s the eye. it s still moving north. it will be a close call for our friends in the savannah area and charleston. exactly how far we are from that northern eye wall. that s about 80 to 75 miles away. you don t want to go through this. the winds in this are stronger than the winds we saw all day today in areas of florida. that will be close to charleston in the middle of the night. the storm surge, this five to seven feet easily in this area, some spots could get us up as nine feet and that would be histor historic. i would say maybe half the damage is done. we re only halfway through this storm. we still can get a landfall, as you mentioned, later on tonight. bill karins, thank you very much for that. despite the dna evidence exonerating them, donald trump still insists the central park five are guilty. one will be here to respond, next. [click] [click] man: you re beautiful i m coming back [clicking] back to you notorious. a white woman who was jogging was found raped and beaten nearly to death in central park. not long after the woman was discovered four black teenagers and one latino teenager were charged and jailed for the crime. the case whipped up an unbelievably hysteria. wolfpacks, roving gangs and wilding. but the five boys had falsely confessed to the crime after hours of police interrogations. they were later tried, convicted an sentenced to prison, but vindication for the group known as the central park five came in 2002 when a convicted murderer and rapist confessed to the crime and that confession was then corroborated by dna. the prison sentences of the central park five were overturned but by that time they had already served between five and 13 years. in 2013, the men were awarded a settlement from new york city. the story that gripped the city for years came to a close, yet one manhattan resident s obsession with the case continues to this day. just weeks after the crime was committed in 1989, donald trump took out a full page ad in four new york newspapers advocating the return of the death penalty. when the city awarded the men a settlement in 2014, trump wrote a editorial in the daily news calling the settlement a disgrace. now, even now, as the presidential nominee for the republican party, trump hasn t allowed science or evidence to change his initial reaction to the case. just this week, trump said he still considers the men, again, exonerated by the criminal justice system and by dna scientific evidence, guilty, issuing a statement saying, they admitted they were guilty. the police doing the original investigation say they were guilty. the fact that case was settled with so much evidence is outrageous. the woman, so badly injured, will never be the same. joining me now yousef salam. wrongly convicted. how old were you when you were arrested and how much time did you spend in prison? i was 15 years old when this happened. i spent about seven years in prison. close to seven years. before we get to donald trump, what was it like to go into the system at this age and spend your formative adolescent early adult years in prison for something you did not do? you know, to go to prison for a crime like that, that s the absolute worst crime that you can go to prison for. the only crime that trumps rape is child molestation. they had these polls, what are the inmates going to do when these guys get to prison? untold horrors were mentioned, and we were scared to death. this was a situation where we had to grow up very, very quickly. we had to figure out how we were going to survive and fend for our lives. it was the most horrific event i could have ever imagined. and so what is your reaction to a man who is trying to be the most powerful person in the world, arguably, who is on the precipice of possibly being president saying now in the last days showing a statement that you, despite all evidence, that you were guilty? when i think about what he represents first of all, what he represents to me is very, very powerful and unfortunate. this blight, this thing that he did to us calling for the reinstatement of the death penalty, i always think had this been the 1950s, we would have become modern-day emmett tills. they would have published our names and phone numbers in new york city newspapers. people would be calling us any time of the day or night, threaten us with hate mail. by donald trump taking out this ad, what i think is that he was really calling to see if there was somebody from the darker areas of society that would kick in our doors, drag us from our homes and hang us from trees in central park. that s the kind of sick justice they were looking for. this ad which ran, which he paid for was calling for the death penalty who were identified as juveniles, you among them, basically saying we should kill these children. right, right. you know, he wanted us dead. when you look at the videotapes that he made after the statements that he made after that, it s very, very clear that he said that he wanted to hate us. he wanted us to be afraid. and by us, he was talking directly about the central park five. but he was talking about also the black and brown people that we look at that are being shot down all around the country today. you know, if he s saying that he wants to be the law and order president, and he s talking about policies and practices that have been ruled unconstitutional and unjust, that being stop and frisk in new york city and he s thinking about he wants to bring this type of stuff back, i m scared for my life. what happens if this person is actually becomes president, is he going to go gunning for the central park five because he wanted to murder us back then and wants to do same thing today? when we won our lawsuit, he said this was one of the biggest heists in new york city history. he said that we were going to be rich rapists. and then all of a sudden now we have these video footage of him being produced of him doing all these you know, i just tweeted prior to getting on, this is a dirty old man. you know, definitely not somebody we want to be president of these united states. the type of issues that he presents overwhelmingly causes us, and we need to push far, far away from him. mr. salaam, do you feel he owes you an apology? i feel he owes us an apology. do i feel we ll ever get it. i think if i held my breath and waited for him to give us an apology, i would probably pass out and turn blue in the face. i think you re right probably about that. yusef salaam, thank you. the bombshell of trump s lewd comments. but first tonight s thing 1, thing 2 coming up next. i have asthma. ..ne of many pieces in my life. so when my asthma symptoms kept coming back on my long-term control medicine. i talked to my doctor and found a missing piece in my asthma treatment with breo. once-daily breo prevents asthma symptoms. breo is for adults with asthma not well controlled on a long-term asthma control medicine, like an inhaled corticosteroid. breo won t replace a rescue inhaler for sudden breathing problems. breo opens up airways to help improve breathing for a full 24 hours. breo contains a type of medicine that increases the risk of death from asthma problems and may increase the risk of hospitalization in children and adolescents. breo is not for people whose asthma is well controlled on a long-term asthma control medicine, like an inhaled corticosteroid. once your asthma is well controlled, your doctor will decide if you can stop breo and prescribe a different asthma control medicine, like an inhaled corticosteroid. do not take breo more than prescribed. see your doctor if your asthma does not improve or gets worse. ask your doctor if 24-hour breo could be a missing piece for you. see if you re eligible for 12 months free at mybreo.com. amazing sleep stays with you all day and all night. with sleep number, you choose the exact firmness and comfort you want - and sooes your partner for the best sleep er. don t the columbus day sale going on now! save $400 on the queen c4 mattress set, with 24 month financing and free home delivery. learn more at sleepnumber.com but the best place to start is in the forest. kubo: i spy something beginning with. s beetle: snow. kubo: no. beetle: snow covered trees. monkey: nothing to do with snow. narrator: head outside to discover incredible animals and beautiful plants that come together to create an unforgettable adventure. kubo: wow! narrator: so grab your loved ones monkey: don t even. narrator: and explore a world of possibilities. kubo: come o this way. narrator: visit discertheforest.org to find the closest forest or rk to you. brought up at last month s presidential debate. he simply had some other theories about who might be behind it that he wanted to share. as far as the cyber, i agree to parts of what secretary clinton said. we should be better than anybody else and perhaps we re not. i don t think anybody knows it was russia that broke into the dnc. she s saying russia, russia, russia, but i don t maybe it was. it could be russia, but it could also be china, could also be lot of other people. it could be sitting on their bed that weighs 400 pounds. okay? when we come back, we ll tell you why donald trump s theory that some guy weighing 400 pounds was responsible for hacking the dnc is looking a little thin. and me. help you out? you re gonna hear what i say. i love taking stuff apart and building new things out of it. anne: pal s my most advanced annedroid. [gasps] this is awesome. oh anne: you haven t seen anything yet. announcer: give your cardboard box another life. i don t think anybody knows it was russia that broke into the dnc. she s saying russia, russia, russia. it could also be china. it could be somebody sitting on their bed that weighs 400 pounds, okay? you don t know who broke into dnc. well, actually, at least the u.s. government says it does know who broke into the dnc. earlier today the obama administration and this is a big deal officially accused russia, the russian government of carrying out a wide ranging campaign to interfere with the 2016 elections including hacking the computers of the dnc and other political officials. the administration also blamed moscow for the hack of the democratic congressional campaign committee and the subsequent leak of private e-mail addresses and cell phone numbers of democratic lawmakers. intelligence officials are looking into whether one of donald trump s foreign policy advisers has opened up communication with one of the official. we ll have to wait until sunday s debate to see if trump has any 400-pound theories about that. from food alone. let s do more. add one a day women s gummies. complete with key nutrients we may need. .plus it supports bone health with calcium and vitamin d. one a day vitacraves gummies. and that was before today. he s now five points behind hillary clinton in a four-way race in a new poll of nationalal voters by quinnipiac. given those stakes they cannot afford a repeat of the last debate when he faces clinton for round two on sunday night with questions about today s tape. his team has been insisting he ll be prepared better this time around, but as the washington post reports, the candidate himself is still resisting their efforts. reportedly trump flat-out refused to participate in mock sessions saying such play acting was annoying. instead, according to the post he held informal meetings about his top advisers at trump tower and his new jersey golf club in which rnc chairman prins priebus would pepper him with rapid fire questions while chris christie played antagonist. with trump refusing to actually rehearse his campaign had to get creative about preparing him for sunday turning an event in new hampshire last night into something of a dry run. billed as a town hall just like the debate it featured trump away from the big stadium rallies that he so prefers, taking questions without the comfort of a podium. a big giveaway from the moderator talk radio host howie carr. i have a clock down on the floor there that says two minutes. okay. do you want me to call you when it goes over two minutes? i ll make you a deal. if i m doing well, don t call me. if i m answering the question poorly, please call me immediately. nevertheless, the trump insisted this was not debate prep. they were saying this is practice for sunday. this isn t practice. this has nothing to do with sunday. we re just here because we just wanted to be here. they said donald trump is going to new hampshire to practice for sunday. this has nothing to do with sunday. it s like they make you into a child. i love the people of new hampshire. i m here for one reason. i love the people of new hampshire. i said i was going to be here and i m here. that s patently false on the face of it. but in the end it s not clear it did anything to prepare trump for sunday night s showdown. how his big public debate prep failed, next. 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 f 4 out of 10 even achieved completely clear skin. do not use if you are allergic to z. before starting you should be checked fotuberculosis. taltz may increase your risk of infections and lower your ability to fight them. tell your doctor if you are being tread for an infection or have symptoms. orf 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. now we thought fibers that ccaused unwanted gas.gular not good. then we switched to new mirafiber. only mirafiber supports regularity with dailycomfort fiber and is less likely to cause. unwanted gas. finally. try new mirafiber. from the makers of miralax. most allergy pills only control one inflammatory substance. flonase controls 6. and six is greater than one flonase changes everything. john harwood was the worst moderator out of all the debates we had. a lot of bad hombres, the leaders of isis. nate silver has been he didn t predict us in the primary hnd he had never called a loser before. a lot of hispanics, latinos, they like to be called in that area. you know that, right? hispanics and latinos. that s why john king has stayeded in the same position how long has he been at cnn? i used to say he will some day be an anchor. he s still doing the maps. donald trump honing his message for sunday. joan walsh, national affairs correspondent for the nation. all right. matt, let me start with you. i mean, obviously this is going to come up in the debate, today s tape. i m seeing i mean, mark kirk, senator from illinois wants to engage emergency rnc rules to find a replacement. mitt romney s called on him, i think, to step down. there s this sort of avalanche. the timing couldn t be worse. what s he going to do at the debate when this is brought up? for a guy that s made himself to appear to be unwilling to ever apologize. right. this is a moment that now forces him to make that choice. reminds me of richard ben cramer s seminal work about the 1988 election what it takes which is one of the most fantastic books about politics. it shows that all candidates end up having to do the one thing they refuse to do in order to win. i don t think trump could win now. i thought he had a 10 or 15% chance a few days ago, i now think that s zero. he has to show contrition, sincerity, that this is not who he is and that tape is really damning. they need the be prepared for this question, they need to be prepared for several question. they can t get defensive about this. he has to find a way to move past this before the debate because tomorrow s going to be worse than today. particularly because there s going to be a swirl of press on the ryan event and if it goes forward. you even see sitting senators who we should be clear he has always said running in illinois. but to matt s point. the one thing, if there was a plot twist in the second debate, the one thing that would be genuinely shocking would be for him to come out and be totally contrite. look, i ve said a lot of things that were bad. to be self-aware and contrite, wait a second. we didn t know he had it in him. the guy is insisting the central park five are guilty because otherwise he would have to apologize. right. he s unable to apologize. he s also unable to prepare. i just saw that washington post story along with the whole town hall prep last night. the man cannot admit he doesn t know things or that he s not good at things. preparing or doing mock debates would be an admission that he has something to learn. the other thing that mattered there was him to try to convince he was doing bad but him touting the fan click polls. i just thought to myself, there s a bazillion different reasons that people don t think donald trump should be president, but he should understand statistical sampling. that s actually a pretty important basic ning to get. right. it s the reason why every spoonful of soup tastes the same because polling works. right. okay. can we understand that concept? it s pretty basic. you got to get it to him. got to get it to him. i will say this, i know people who know donald trump who have been with him privately who have worked with him in the last 20 years, the one thing i continue to hear is he s different in private than he is in public. we all hear that. i wonder if a town hall type setting allows him to be more of a private donald trump than a public donald trump. the town hall will favor her, but i think it will favor him for this season. it diffuses his attention. the last attention the last debate she was saying things, he was getting so rhode island up rhode island up riled up by her. she s faced some tough questions. she s good at town halls, but i remember somethings in the primary where the young man who said my jenngeneration doesn t t you she can get defensive, too. she can get defensive. and she s going to face buzzfeed posts today an internal staff memo from the transcripts of the speeches that she gave at banks that could be used against them. the clinton campaign is saying we will not confirm stolen documents. so the authenticity is yet to be. you need a private and public policy to work. you need to resist protectionism. we cannot vouch independently for the legitimacy of these, although they don t seem implausible, trump is going to go crazy on that. the open borders thing. yes. for the left, except for the word markets, i suppose, it does sound like this one world vision. yes, but in some ways it s the thing that the caricature donald trump has been making of us. she s this fuzzy headed liberal. globalist. we would have no country. this could be tough for her. i think the rest of it, though, she comes off praising single payer. that s right, she does. for the left. that s an interesting revelation, too, although i suppose donald trump could use that to paint her as a socialist. i don t think they re going to gather that and the u.s. government to say that russia is hacking us, that s it. i m not sure that saying you re not going to engage is going to work. some of these comments are not going to be well received by feel the bern voters. but it will be interesting a lot more at the primaries than it does now. no question.
unfairly. what is wrong with having an overzealous watch dog committee? and isn t getting rid of this office the kind of swampy stuff that republicans across america elected donald trump to get rid of? they re bringing anonymous charges and trying them in a public arena. a person targeted by that has to defend themselves after they ve been attacked publicly when they don t have a right to face their accuser. that s a right that goes right back to jesus himself standing before the high priest. i m going to read it off the screen here, with all that congress has to work on, do they really have to make the weakening of the independent ethics watchdog as unfair as it is? so the president-elect appears to be making the argument that you guys have a lot of other things on their plate. why make this the first move in secret the way it went down last night? i would have been happy to bring that to the floor and let democrats vote on that independently. i think you would have seen strong support among the congressional black caucus, in particular. so they brought this amendment to the rules package last night in the organizing conference, it s the appropriate way to do that but i would have preferred to bring that in the open. you would have prepared to have not voted last night and done it today? if it had not been brought up last night, it could have been brought as an amendment to the rule today and then there would have been a recorded vote on this. i think what would have been better. but we don t know whether all the democrats would have then locked up and said we are going to make republicans do this. i spoke with ethics lawyers on both sides of the aisle, that served under george w. burke and president obama. uniformly there is a sense that this is the foxes guarding the hen house. how do you reassure americans who have serious concern about congressional scandals and rightfully so, that there will be some sort of oversight when it sort of them taking your word for it, is it not? we ve always had oversight in congress. it s always been the ethics commite that s balanced. i would assure constituents that if you have a complaint, have an objection, take it to your member of congress. if your objection is about your member of congress, take it to another member of congress. or you can file a public complaint with the office of congressional ethics but you can t hide behind you can t do it anonymously. and then the ethics committee will be doing oversight of the office of congressional ethics so they re folded in together and there are just some rules that take away the things they were doing that are unethical. it unethical to leak confidential information to the public. even having this conversation and you making this argument and defending the moves that you made, do you worry it going to make congress sound frankly a little bit tone deaf as they re kicking off this new session when what you want to focus on is not the question of ethics concerns but other issues? that s true. i m worried about that. you worry about feeling tone deaf here. and that was a significant debate in the closed door session last night people are saying we don t need to take on this debate because we have important work to do. but the bottom line is what s going on is unjust, members have been unjustly targeted, has cost them individually millions to defend themselves against anonymous charges. no citizens would be subject to that outside the walls of congress. anybody want to bring a charge to me, put it in an operation that operates secretly and leaks out information and defend yourself from that. let s pull up the second part of the president-elect s tweet. do they really have to make it as unfair as it may be their number one act and priority. focus on tax reform, health care and so many other things of far greater importance. why bother? donald trump is an excellent businessman, and he takes the issues as they come. you don t get to y, well, we re going to pick this up later, six months or a year from now and deal with it. this is the time we right the rules for the congress, a two-period of time. it would be inappropriate to say we re going to write the rules at the end of the session and not the beginning of the session. they ve spent millions of dollars, there s no positive oufrom the office of political ethics. they re in the business of destroying people s reputation and by acting on anonymous complaints, many of them, if not all of them, motivated politically. i want to ask you, speaking of tweets, one of your tweets from about 24 hours ago. you said russian hackers controlling our election? we know this because the cia and nsa leaked it, right? what does that mean? well, it s a little bit of a quotes in there, we know this because we re assuming as a society, i can see the narrative building do you doubt the cia and nsa? i doubt the reports i m getting. the intelligence reports that you are getting you don t buy? i doubt the cia and the nsa. i will say that straight out because i sat a number of reasons. one is i sat in the briefings in 2003 that laid out the case for weapons of mass destruction. i saw more evidence of weapons of mass destruction in iraq than i have seen evidence that the russians hacked this as point one. and point number two, the director of national intelligence, james clapper, was sitting next to hillary clinton when she informed congress in a classified setting the same stories that we heard from susan rice about it was a video that began benghazi. so pardon me if i m a little skeptical here but i say show me the evidence. but you are privy to the evidence that frankly me and the rest of the american public are not privy to. at this point i have not had an opportunity to sit in on a classified briefing but i would still be skeptical unless they showed me the hard evidence because this has all of the trappings to me of a narrative that s being created here and nobody s looking at the real evidence. they re just looking at opinions on evidence. so i want to see the evidence and then i want to challenge them on their train of thought. but it looks to me like this was not a hack, it s more likely a leak. and if it s a leak, where did it come from? the russians wouldn t have anything to leak if they hadn t hand. if there s no hack, the leaks are more likely to have come out of the cia or nsa or other intelligence committee. and if you do not trust american intelligence assessments and american intelligence agencies, how are the american people supposed to trust them and by extension the rest of government? i would say since i ve just described clapper and hillary clinton where they were as pu purveyors of the message they re the same people. this administration is still commanded by barack obama. so i am skeptical. if this is going to be brought up, this topic, it should be brought up in the next administration with fresh faces that at least start with the presumption that they re honorable. if they say it was the video that started benghazi, then i ll say we have more to discuss. i appreciate you doing this on the first day of the new congress. coming up, the president-elect hitting everything from congress s move on that office of congressional investigations and ethics to the affordable care act to even one of the icons of the american car industry. we ve got kristen welker in new york outside trump tower. you heard a bit of our conversation with congressman king on the affordable care act on the president-elect s new tweets as well. i want to sort of start there. what is your we heard kellyanne conway morning say president-elect trump would weigh in on this ethics move by congress if he felt the urge to. clearly he has felt the urge to, right? reporter: right. and i thought your point was the right one, halle. he s underscoring why is ts the first move that we re seeing from house republicans? significant that he is taking issue with the fact that they ve made this their top priority. at the same time, he sort of walked a fine line in that tweet saying that he agrees with part of what congressman steve king was saying, which is that it isn t as effective as it could be. nonetheless, you heard him stress there, health care, tax reform, those are the issues that he wants to be focused on and, halle, he s tweeting today about obama care. let me read you his tweet. he tweeted people must remember that obama care just doesn t work and it s not affordable. 116% increases(arizona), bill clinton called it crazy. on the campaign trail former president bill clinton did call it crazy the fact that you re seeing some of the prices skyrocket, but he later walked back those comments stressing that he thinks there s a lot of good to be salvaged in the affordable care act. bottom line, donald trump is going to push republicans hard to appeal obama care. then the question comes what do you replace it with? kellyanne conway acknowledging at this point in time there is no real replacement. it could tack several years before they have a full replacement in place. the fight over obama care will likely be one of the first big battles of this new year and this new congressional session. we were just talking with congressman king about the russian interference in the u.s. election according to u.s. intelligence assessments. the congressman has his own views on that. when it comes to donald trump, when is he going to get this intel briefing? do we have any better guidance he said he was looking to? any new word on this press conference he has promised sometimes in the next 17 days? first to the intel briefing. our sense is that it is going to happen at some point this week. kellyanne cl kellyanne conway said a little bit later on this week so possibly tomorrow. that may be when we learn a little bit more about what donald trump says he knows about those accusations of russian hacking. he says over the weekend that he has information that other people don t have. what specifically is that information? that s the key question that everyone is waiting to have answered. what we do know, halle, is that this is creating a real rift between the president-elect and some members of his own party, the more hawkish members of his party, senators john mccain and lindsay graham, senator mccain set to hold a hearing on thursday about the russian hacking. he has been very insistent. he believes the u.s. intelligence and he is supportive of potentially moving to enact stiffer sanctions against russia. as for that press conference, we re hearing it could happen as early as next week, possibly on the 11th. that would of course be the day after president obama delivers his farewell address, but we want to stress, halle, they haven t nailed down an exact date yet. we re trying to get specific details on that before the end of the day as the president-elect holds more meetings here at trump tower today, halle. kristen, thank you. video now released of the turkey night club attack suspect on the run. police out with new evidence say confirms they re hunting for the right man. we re heading live to istanbul next. e. liberty did what? 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they have fingerprints, they have a very good description and they have all of this video that we ve been seeing sort of come out in bits over the past couple of days, security camera, screen grabs, that selfie video, which you just mentioned, which is probably the clearest picture yet of the man please believe is the suspect in all this. and also this video, which has just come out recently, of a man exiting a taxi. apparently this man was getting out of the taxi after the shooting, in the hours after the shooting. police believe this is another picture of their suspect. but do they have a name yet? well, we don t know quite frankly. they haven t come forward with a name. there s been a lot of speculation in the local media, a lot of talk about where this alleged gunman might be from but no concrete information yet from the government or security services and no new press conferences today, halle. what we do know is thathey are they have all of the borders on lookout for this particular person, including the airport, border patrol, et cetera. so they ve cast the net but in terms of real concrete information, we re just not hearing anything, halle. and the hope of course is that will change later in the day. thank you. i want to bring in a former army intelligence officers and research director for the study of war. jessi jessica, walk us through this. why has it been so difficult for turkish officials to find this guy? because the isis network is so expansive and turkey is engaged on multiple front, fighting their own war againin turkey. they have released more videos, more pictures of the suspect. i assume that means they re on the right track? yes, i suspect they will be successful in this manhunt. this is a lot of good press that isis is leveraging as well. isis is fighting not only through violence but through media. you mentioned idea is getting what you called good press, tongue in cheek, how do intelligence officials go back to look to see if isis really is linked to this, if isis did direct or orchestrate this in. this challenge is key to i isis s strategies to its attack. it has an appeal broadly for those willing to conduct attacks as individuals. that is a much harder attac footprint to interdict. isis is doinghat deliberately. since sunday, turkey has pounded some hundred targets inside syria. do you see this attack leading to more serious attacks against isis? the challenge i see is turkey s mechanism for attacking isis inside sear were is to align more closely with al qaeda groups in syria. so really for the purposes of the united states and national security, isis and al qaeda really are equivalent. so turkey is attacking isis but they are not necessarily countering terrorism. jessica, i appreciate your perspective. a terrifying night in the south. tornadoes turning deadly. we ll have the latest on the high winds, the hail, the floods, that has folks from texas to florida trying to clean up. stay with us. will your business be ready when growth presents itself? 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(team sing) safelite repair, safelite replace. now? excuse me. again? be right back. always running to the bathroom because your bladder is calling the shots? you may have oab. enough of this. we re going to the doctor. take charge and ask your doctor about myrbetriq. that s myr-be-triq, the first and only treatment in its class for oab symptoms of urgency frequency, and leakage. myrbetriq (mirabegron) may increase blood pressure. tell your doctor right away if you have trouble emptying your bladder, or have a weak urine stream. myrbetriq may cause serious allergic reactions. if you experience swelling of the face, lips, throat or tongue or difficulty breathing, stop taking myrbetriq and tell your doctor right away. myrbetriq may affect or be affected by other medications. before taking myrbetriq tell your doctor if you have liver or kidney problems. common side effects include increased blood pressure common cold symptoms, urinary tractinfection, constipation, diarrhea, dizziness and headache. it s time for you to make the calls, so call your doctor to see if myrbetriq may be right for you. visit myrbetriq.com to learn more. better clearly from the view behind you, right? absolutely. much better. it s now working as it s supposed to. you got about 8,000 passengers here and thousands more at many other airports, international airports like newark,j.f.k., boston where passeers arrived and found themselves just dealing with a real nightmare and the nightmare sort of continues today because a lot of people when they come into like miami international airport, they re making a connection. because of those delays, they did not make connections and so they re nour trickling through the system to try to get through. the customs and border protection has an interesting term for the glitch that happened with their computers, they call it a technology disruption. it s a disruption they say they ve cleared up. they did fall back to alternate systems but those were very slow and that s why people missed their flights. as we take a look now at what that means for folks trying to make connections, that means let s look at the misery map. when you look at the misery map, you can see there are folks here now waiting to get flights and those flights in places like chicago and atlanta are delayed. we have 339 delays, 18 flights that have just outright been cancelled. those are for other issues. if you re a passenger making one of these long connections, it s miserable. hall e? kerry standers keeping an eye on it for all of us. coming up, the top priority list for the republicans in congress, get rid of the president s signature health care law and then put in something else, right? but what is that something else? we re going to talk about it with the 115th congress getting sworn in in less than 90 minutes. we are live on capitol hill. stay with us. anything else to talk about. but then i realized there was. so, i finally broke the silence with my doctor about what i was experiencing. he said humira is for people like me who have tried other medications but still experience the symptoms of moderate to severe crohn s disease. in clinical studies, the majority of patients on humira saw significant symptom relief. and many achieved remission. 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. if you re still just managing your symptoms, talk with your gastroenterologist about humira. with humira, remission is possible. and i thought, well, you need to go to the doctor. i was told that is was cancer, and i called cancer trereatment centers of america. dr. nader explained that they can pinpoint the treatment. once we identified that there was this genetic abnormality in her tumor, we were able to place her 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 allow 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. but the best place to start is in the forest. kubo: i spy something beginning with. s beetle: snow. kubo: no. beetle: snow covered trees. monkey: nothing to do with snow. narrator: head outside to discover incredible animals and beautiful plants that come together to create an unforgettable adventure. kubo: wow! narrator: so grab your loved ones monkey: don t even. narrator: and explore a world of possibilities. kubo: come on, this way. narrator: visit discovertheforest.org to find the closest forest or park to you. conversation about what that looks like, the repeal effort, et cetera. i want to bring in economist neil cristoff. kellyanne clonway said it could take years. there is no plan behind the replacement for the affordable care act. they re united this thinking they re awful. all the possible replacements might not be very effective or palatable for the public. so that s a tremendous incentive to appeal it and as the insurance industry falls apart, to blame obama care for that. i m april afraid they re going to yield it noneffective and not agree to a replacement until sometimes down the road. house leader mccarthy was asked about this this morning. one of the biggest problems of obama care, it was one-party rule all the way through. i think everybody should have their ideas at the table and we should find a system that actually works that empowers the american person to have a relationship with their doctor and lower the cost. there are gestures being made here to replace the affordable care act if repealed with something, right? you heard kevin mccarty are going to be more inclusive than republicans. how do you see this playing out politically? i must say the one advantage of republicans taking ownership is that it s conceivable that there will be fewer efforts to undermine medicaid expansion around the states. as you know, around half the states around the country, republican states, have refused to expand medicaid simply because it is an obama program. you know, mike pence to his credit did expand it in indiana and save lives in indiana as a result and we have pretty good evidence about what is at stake when you havmore people in shu insured. you have lower mortality rates. insurance is a big deal. 22 million people have gained it. so, i mean, you know, look, journalists after 2016 should be really cautious about predicting political outcomes, but it sure seems to me it would not go over particularly well with the public if those 22 million people were evicted from health insurance. and it s hard to create a replacement structure without all the bells and whistles that obama care included. that s the thing, right? so kellyanne conway, who by the way is having lunch with valerie jarrett tomorrow, did say they want to keep the popular parts, the coverage for preexisting conditions. donald trump has said that publicly. on the one hand that s got to be a silver lining to president obama. but on the other, how do you keep those pieces and pay for them. that seems to be the construction of the issue. it s like building a lego structure with only half the blocks. and the mandate is very unpopular. as you remember in 2008, barack obama, the candidate, didn t want to have a mandate and hillary clinton at that point insisted that you had to have one. well, she turned out to be right. and unless you have a mandate, then a lot of young, healthy people don t sign up for health insurance and so you need to have that mandate to make the rest of the provisions work. so it s very easy when you re in opposition to denounce the mandate. if you re trying to construct a replacement, you can t really create a structure without it. thank you very much for joining us here on this first day congress getting back into session. appreciate it. on day o here of the republicans new majority, do you think they ve already overplayed their hand? we re going to talk about what could be signs of republican fracture. up next, the 115th congress gaveling into session right about an hour from now on capitol hill. we ll bring that to you live right here on msnbc. y car insur. i should take a closer look at geico. geico has a long history of great savings and great service. over seventy-five years. wait. seventy-five years? that is great. speaking of great, check out these hot riffs. you like smash mouth? uh, yeah i have an early day tomorrow so. wait. almost there. goodnight, bruce. gotta tune the a. 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[and her new business: i do, to jeanetgo. jeanette was excellent at marrying people. but had trouble getting paid. not a good time, jeanette. even worse. now i m uncomfortable. but here s the good news, jeanette got quickbooks. send that invoice, jeanette. looks like they viewed it. and, ta-da! paid twice as fast. oh, she s an efficient officiant. way to grow, jeanette. get paid twice as fast. visit quickbooks-dot-com. we are back now live from capitol hill. speaker of the house paul ryan getting ready to gavel congress into session. at the same time he s defending a controversial move by members of his party to in essence gut the congressional independent watch dog. the speaker is just now releasing a statement saying i have made clear to the new chair of the house ethics committee that it is not to interfere with the office s investigators or prevent it from doing its job. all members of congress are required to earn the public s trust every single day and this house will hold member accountable to the people. earlier this hour, president-elect trump weighed in asking why this was the first move of the congress, asking them to focus on tax reform and health care. this was a terrible destruction and the watch dog will have its teeth removed and its bark muzzled by these changes. with me now to talk about all of this, democratic strategist liz smith, the former spokeswoman for martin o malley s campaign, along with republican steve cortez. this is a move, steve, to a lot of people it looks like defanging, taking the teeth out of the watch dog, the bark out of the muzzle. donald trump weighed in but he didn t criticize the move itself. he in fact called this independent ethics office unfair and seemed to have more of an objection to the timing more than anything else than the actual substance of this. does he need to be stronger given that this speaks directly to his pledge to drain the swamp? doesn t that make you mad? you were a guy who wanted him to drain the swamp originally. not just originally. i still very much am. is this training the swamp, though, steve? no. when i saw this move, i saw was bone headed and i don t like the content of it. who cares what i think. the president-elect just weighed in against his own party with a couple of forceful tweets. accountability and transparency, those two aspects of our movement are so important and part of the reason that we won is that americans are sick of a crony system, a rigged system in washington, d.c. that exists for its own benefit and not the benefit of main street america. you said the president-elect clashing with his own party here but he seems to be more upset about the timing here. he still called this ethics office potentially unfair. is that holding up to the values of accountability and transparency? timing matters, appearances matter. we have such important work to do and only, what, i guess 17 days now until inauguration. this is the last thing we should be focused on. i m thkf, though, for the president-elect s tweets. i believe it will put this issue to bed. i believe this is going to be a one-day story because of his reaction. health care and growth should be the first priorities for this congress, not inside baseball, inside the beltway ethics skirting. liz, do you agree? you have a major fight brewing over the obama care act. i think we are going to spend time on this. voters might think government is too big. no voters are saying, wow, our elected officials are too ethical. republicans are forgetting recent history. i remember in 2006 democrats came back from the political wilderness, won the speakership, won back the senate, won the majority of governor s races by running against a culture of corruption of the gop. we ran against all the ethical scandals with jack abramoff and it was in response to those scandals that democrats created the office of ethics. this is an electoral winner for democrats. liz, i would i would say left to their own devices, i wouldn t doubt that. but they won t be left to their own devices. i put a lot of the blame of what s happened in washington, d.c. on congressional republicans, absolutely. but that s one of the reasons that donald trump, an outsider came in and beat 16 republicans. but he s going along with this. he s concerned with the timing, not with the actual action of this. guys, give me one second. i want to talk about a different tweet by the president-elect. he went after gm this morning. the president-elect tweeting about gm and gm responding, by the way, about this tweet about the chevy cruze saying that all are built in the assembly plant. . is this what you want to see the president elect doing? he s using the bully pulpit to put managers out there on notice. we re going to create an environment in america where you want to stay. wire going to make it profitable for you and your employees and shareholders to be here by lower taxes, sensible regulation. on the other hand, it s carrot and stick. there are going to be consequences for companies who choose to do business outside of the united states in terms of access to our markets. the american citizens has not benefited over the dumb trade deals that we have erected over the past two administration, not just this one. i anticipate we ll see more of this. liz, i want to get to you very quickly before we wrap up for the last word. congressman king said to me he doubts when it comes to russian interference, he doubts the cia and he doubts the nsa. when you hear something look that, is it a concern to you? and what can democrats do about that kind of perception among their colleagues here in congress? sure. look, i think we should always approach these things with a dose of skepticism, and that s why we should follow the lead of john mccain, lindsay graham and a whole host of democrats saying that the intelligence agencies should make their findings more public. frankly, if the republicans were smart, they would see that more and more democrats are holding on to this idea that this election is illegitimate and swayed by the russians. if they wanted to legitimatize donald trump, they would embrace more transparency in getting to the bottom of russian interference. it might have been democrats russians were messing with this year but in two years, it could be republicans. thanks for a spirited conversation. there s a senate doubleheader tonight on the rachel maddow show. bernie sanders and incoming democratic leader chuck schumer. a lot of news coming out at 9:00. don t miss it. thank you for watching this hour of msnbc live. and now more with my colleague stephanie ruhle. i m back.