on up trump. is moscow about to get tough? let s get to it. first from the fox news desk, nearly all of the millions of immigrants living illegally in america could face deportation at any time. that s according to new enforcement guidelines from the trump administration. the homeland security department s memo outlines how officials can carry out two executive orders from president trump. cracking down on illegal immigration. under the obama administration, they focused on certain groups including hardened criminals. under the new rules, john kelly writes that officials can target anybody living in the u.s. illegally. the home land security department says the orders will not affect anybody who came here illegally as children. the guidelines call for the hiring of 10,000 new law enforcement agents and the border would start to be build. but the wording used technology instead of a wall in some areas. the president ban is set to update his executive order on immigration coming up. a new draft of the proposal shows the revised ban will target the same seven muslim majority nation but exempts those with visas or green cards. the draft no longer instructs officials to single out and reject visa applications from syrian refugees. opposing those the plan have called it anti-muslim. the harsh critics have accused him of opposing bigotry. the president speaked out about bigotry. jewish community centers yesterday reported receiving a dozen bomb threats. that s the fourth wave of them this year. police say somebody toppled as many as 200 grave stones in st. louis at a historic cemetery. the first daughter ivanka trump called for tolerance. she married jared kushner who comes from an orthodox jewish family. here s what the president said hours ago in washington. this tour was a meaningful reminder of why we have to fight bigotry, intolerance and hatred in all of it s very ugly forms. the anti-semitic threats targeting our jewish centers are horrible and painful and a sad reminder of the work that still must be done to root out hate and prejudice and evil. shepard: the president visited the museum to help mark black history month. john roberts is live this afternoon. how is the white house responding to the threats against the jewish communities? sean spicer defended the president s reaction to these threats against the jewish community centers and the vandalism. as you said, he was at the museum of african american history responding to it. the anne frank center released a statement saying the president s acknowledgement is a band aid of anti-semitism that has affected his on administration. the president was asked about this last week by a reporter, but the president didn t like the tone of the question so he told the reporter to sit down. that s what brought this to a head. here s what spicer said about it a short time ago. he s been very forceful with his denunciation of those people that attack others because of religion, gender, because of the color of their skin. there s something that we can continue to fight and make clear that it has no place in this administration. spicer was asked about the response from the anne frank center for mutual respect. he said for some people, whatever the president says, it s never doing to be enough. shep? shepard: john, what is the white house saying about immigration guidelines? the new ones released today or the ones coming up? the big deal this week will be the new executive order on extreme vetting. what came out today are instructions. he ran into a big problem because it got blocked in a federal district court in seattle. the ninth circuit court of appeals upheld the judge s decision. that s going nowhere right now. the last couple weeks, ever since that happened at the ninth circuit, attorneys at the counsel s office, the department of justice and dhs have been working very hard to write a new executive order that released probably thursday or friday, one that they believe will be judicially airtight. listen to spicer today. the next big piece in the immigration profile here that the white house will be the new executive order. is the president confident this will pass legal muster? we re confident that we re still going to prevail on the merits of the case. as was seen in the case of massachusetts, once it s fully adjudicated, we ll prevail. the authority is granted to the president to do what he has to to protect the country. there s an interesting angle here, shep. what sean spicer said they re going to continue with the court case. judge napolitano has said over and over again they should rescind the first order which would render the course cases moot. it would remove it from consideration and they could put the new one in there. the white house looks like they re not going to do that, which judge napolitano says they can t figure out why they re doing it that way. shepard: sean spicer seems to be walking back the president s attacks on the media. a little bit. don t forget, it s only tuesday. there s plenty of days in the week left. look what president trump and his staff have said recently calling the media the opposition, the enemy of the state. i think there s plenty of room for president trump to go back out on offense on this. spicer did appear to walk it back a little. listen here. the president has been very clear that certain outlets have gone out of their way to not represent his record accurately. it s a concern to him. i think some reporters he has deep respect for the first amendment, the role of the press. i ve addressed this many times. he has a healthy respect for the press. but there s a two-way street. the president realizes that certain outlets have gone out of their way to not be accurate and fair in the coverage of what s going on. you might remember not long ago, shep, the president tore a huge strip off of the media saying hey, i can deal with bad news. i can take it. he thought there was so much hate for him among the press. he might be dialling it back. it s only tuesday. there s plenty of time for the president to go off on the media again. shepard: thanks, john. a.b. stoddard is here with us. hello, a.b. hi, shep. shepard: new guidelines on immigrants. ones in the nation illegally. give us the details as you know them and what it means to people here without documentation. right. you ve heard all afternoon president obama deported three million immigrants more than any other administration in history. the flow of immigration across the border is lower than it s been in ten years. at the same time, not the full extent of the law was not enforced by the obama administration. they targeted people that crossed recently, close to the border and criminals were a top priority, this is a much broader interpretation. while the target is criminals and people that have broken the law, it really is open to anybody that has been here and ends up getting caught up in this in this new sweep. so it doesn t mean they re targeting them or doesn t mean they re going to raid certain neighborhoods only to break up families. that s not their target. their target is criminals. but if you re living here illegally the definition of what if you have broken the immigration laws you ve broken the law and therefore you re potentially technically a criminal. so this is going to be how it s executed will tell the story right now. reading the memos, we don t know how it will be executed. certainly is written very broadly. it will depend on how local police are empowered to help the national to help ice and help the national agents execute the order. that s what it s going to come down to. there s 10,000 more immigration and customs enforcement agents. 5,000 more border agents. a great deal of resources being put into this. but when you look at it and how broad it can be interpreted, it sounds probably more dramatic than it might end up being in its enactment. shepard: there had been concerns and still are that people who are here without documentation could now be in a position where they can t call the police if something bad happens to them. they can become the target of criminals. they wouldn t have recourse. it would be an un-american situation. after all, we let these people in here over a period ofobs that want to do. now the tables have turned and it almost appears they re the victims. well, it will certainly be described that way by people on the other side of this issue. trump is keeping campaign promises. none of this is really a surprise. none of us expected he would be deporting 11 million people and i don t think he will be. certainly the number of deportations will rise. there will be families separated and very dramatic stories about people being detained and taken away. that s going this is a very divisive issue, emotional and feed more opposition to trump. it s not that he s doing anything that he didn t say he s doing to do. he s not going to deport 11 million people. it s how in ends up happening on the ground. while the interpretation is broad, the execution of it might actually really be just more resources targeted at criminals. shepard: one retreat that you might notice here is daca stays in place. yeah. that s a big surprise. you can see over time, trump was dodging this question. these were brought these were kids born here. no fault of their own. they are they are they re brought here as young children and grown up here. this is something that you saw trump backtrack on recently saying that it s a very difficult issue. this is the one surprised, that that stays in and one exemption that he gave himself in this memo. it might meet with a lot of conservative opposition but it won t think it was very up popular to go after this subgroup. shepard: thanks, a.b. thanks, shep. shepard: the kremlin is reportedly working on a profile of. trump. what the russians have determined about our president. that s coming up from the fox news desk on this tuesday afternoon. to truly feel healthy on the outside you have to feel healthy at your core. trubiotics a probiotic from one a day naturally helps support both your digestive and immune health. feel a difference in two weeks or your money back. take the trubiotics 2 week challenge. sign up at etrade.com and get up to six hundred dollars. shepard: the russians are putting together a psychological profile for vladimir putin. that s what a senior kremlin advisor tells nbc news. andre federov and retired putin staffers are working on this profile to help putin prepare important a meeting with trump. the russians have determined that he s a risk taker that can be naive. federov called trump s battle with the media is a risky game. people in the kremlin believe he won t have the political power to work with russia. it s worth noting the pentagon has done similar studies on vladimir putin. in 2008, one theorized he might have asperger s syndrome. rich edson here with more. given what the officials have been saying about russia, vice president mike pence, rex tillerson, secretary of defense mattises a have warned about ru and to try to reduce the violence in eastern ukraine. that haves will advised that the united states stands behind nato. there s members of both parties of congress that are pushing the trump administration not to relax any sanctions against russia. now there s reports that the kremlin is ording state-run media to curtail their praise of trump because they re concerned he won t be as friendly against russia as first thought. shepard: now the russians say the old world order is collapsing. yes. you re hearing statements from around the world and a number of forums. this comes from the long-time russian diplomat, current foreign minister. he says the post world war ii order is falling. the whole history stage that can be called post cold war order has come to an end. we re convinced the main result is a failure to apply to the new reality. he added that nato is a relic of the cold war. despite this, officials say there s potential for a better relationship between the two countries, shep. shepard: rich edson, thanks. russia s ambassador to the u.n. who died in new york city apparently had a heart attack. that s what a u.s. official tells the reuters news agency. the russians say they re waiting for an autopsy result before announcing the official cause of death. he would have turn 65 today. this morning, the u.n. security council held a moment of silence in his memory. vitaly churkin worked for a decade as the u.s. ambassador. members of congress are headed home from a week-long vacation. for many, it s hardly a relaxing break. up next, why some republicans are getting an ear full from the folks back home. and milo lost his book deal and more. right now, there s a new development. it s breaking now and it s next. shepard: just in, milo yiannopoulos resigned from his job as an editor at bright bart. yiannopoulos is the refender that had his high dollar book contract pulled after a video came out of him exposing views. in it, he condoned sexual relations with boys and laughed off the catholic church s pedophilia crisis. on bright bart, he spoke out about muslims, immigrants, trans-gender people. the boss at bright bart called yiannopoulos s positions appalling but did not fire him. yiannopoulos is holding a news conference right now. he said he resigned on his own so the alt right can continue and he s starting his own media venture. welcome home! lawmaker is back in session. feeling the love from constituents in their districts. given the choice that was before us by far donald trump was the better choice by far. by far. shepard: there s a taste of it. how and senate republicans facing protesters, loud booing, heated questions about, among other things, obama care, president trump in general and other issues. there s lots of videos on youtube and instagram if you choose to look around. president trump supporters urged to give him a chance. some lawmakers are staying away from hosting public q&a sessions. a number of republicans getting in the ring today. trace gallagher is live with more. for example, shep, chuck grassly held a town hall in iowa. it was called raucous and sweating with jeering, cheers and entinterruptions. grassley said he loved it and wouldn t do his job any other way. mitch mcconnell held a gathering in anderson county, kentucky and greeted by more than 1,000 protesters. here s the senator. i m proud of those folks out there. they don t like what i m doing. they don t cheer my agenda. but i respect their right to be there and to express themselves. that s what we do in this country. mcconnell reminded the crowd that winners make policy and losers go home. marsha blackburn, bill christmas did and florida congressman dennis ruff are holding town halls in their respective states. all have vowed to repeal obama care and expecting contention gatherings. shepard: many are facing the criticisms because they re not holding the teen halls at all. richard burr from north carolina had graffiti in the sparking lot. tom till list says he believes the town halls are being hijacked. it s become apparent that some individuals that are not really interested in meaningful dialogue attend town halls to create disruptions and media spectacles. in the wake of jason chaffetz town hall getting jeered at his town hall. a weather alert and breaking news now on fox news channel, this is san jose, california. live pictures from our a fill it 80, ktvu, fox 2 for the san francisco bay area. the flooding all over california is extreme today. we ve watched water rescues, people have been trapped in this flooding. you can see all the america vehicles there. as they pan up here, there it is, an entirely flooded-out area. they ve been affecting evacuations. many homes have been submerged in this area. now these are evacuations that are taking place even as we speak. this is in san jose, california. it s not limited to there. we had choppers up and down the coast, we could show you severe damage from san francisco to los angeles. officials in san joaquin county said a river levee broke there last night. about 80 miles east of san francisco. the flooding taking over the streets there. officials say crews working in the night to fix it. they warn the water could stay high for four days. here in san jose south of san francisco. here s ground stuff from earlier. crews rescued in this particular video. an elderly couple stuck in their home. the water is up to people s waist there. folks in carmel and salinas are stuck. look at this. the mud has entered people s homes. this particular one, it s destroyed this home. a river of mud coming through the place. you can see it went to the walls, knocking the deck out. here s a view from the side, the front porch broke off the house, this one shows where it seems the ground just gave way. the sheriff s department says deputies are out in the big humvees to try to help with evacuation. a couple things i want to show you, this is where we re monitoring the pictures coming in from san jose. you can see, this is reminiscement of so many flooding scenes across the nation and what appears to be an entire family or multiple families from nearby home. you can see how deep this is. the rescue workers pushing this boat along. we re expecting this to continue in the san jose, california area by san francisco for the next few days. here s what s causing this. this is los angeles. san francisco up here. you can see in l.a., rain same way in the san francisco area. all through the bread basket as well. so fresno, los angeles, san francisco, all across the west coast extreme flood expected and flooding in many of these areas. the rain will continue today and through the weekend. the flooding has replaced the drought on the west coast. they re feeling the heat today. these pictures of evacuations, it s as if the streets have turned into rivers. one after the other, the rescue workers doing incredible work trying to save people from the mess that have taken their homes after extreme flooding. time to get back to politics. president trump s new national security advisor has a doctoral degree and has accomplished history on the battlefield. what he doesn t have is any experience in washington politics. coming up as we approach the bottom of the hour and the top of the news, an in depth look at m.r. mcmaster next. ase. i didn t think there was 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. from kriv, our fox local station in houston. the latest word is that shots began to fire about 30 minutes ago at what is a level 1 trauma center. location of this is in the southwest area of houston not far from rice university and just on the edge there of the houston zoo. this trauma center on lockdown. i presume not accepting patients now. our breaks news coverage continues next on fox news channel. we asked people to write down the things they love to do most on these balloons. travel with my daughter. roller derby. now give up half of em. do i have to? this is a tough financial choice we could face when we retire. but, if we start saving even just 1% more of our annual income. we could keep doing all the things we love. prudential. bring your challenges. shepard: houston texas, reports of shots fired at a level 1 trauma center called ben taub hospital, which is off the campus of rice university and not far from the houston zoo. these are live pictures coming in from our station kriv. fox for houston and the surrounding area. a moment they were zoomed in to what looked like a sort of triage center were patients were being treated. you can see them on the left. they appear to be zooming in. here s what we don t know. we don t know if these are patients in the hospital and have been moved out because after all, inside there s been a shooting or because people are being treated. i can tell you this, fox 26 is reporting there s no indication of anybody has been shot. early reports were of shots fired on the second floor of this large facility. trace gallagher bringing in new details. what are you learning, trace? the patients you see down there are told those are not anybody involved. they were moved from an area of the hospital that was of some concern. we re getting reports that the shooter, if in fact there s an active shooter and they issue what is called a code white about 15 minutes ago, which is code for an active shooter. they said this is no longer an active shooter situation. so if there is an active shooter in the hospital, we re told it was on the second floor. social media has a lot of reports of people hiding in closets because they re told this is on clearly full lookdown. we know there s swat teams that have surrounded the building and they sent a message out about maybe 30 minutes ago to baylor medical center next door telling baylor medical center, doctors and residents cannot go to ben taub because of the active shooter situation. looks like they re rushing people out. it s our indication these are not people that are injured. they re existing patients that are being moved because of their own safety. again, on the second floor, this is ben taub. there s about 486 beds in there. it is really one of the preeminent trauma centers in the houston area. it s about maybe four miles from downtown. anybody that knows the houston area would know the zoo is in that area, the children s museum and rice university is also very near there. you can see kind of the demeanor of the police outside of the hospital, which gives us an indication that they re not hiding because there s no defensive position that maybe the situation is not as bad as it was 30 or 40 minutes ago. we re gathering information, they re moving people out of the areas of concern because the reports were code white inside ben taub hospital, which means there s an active shooter scenario. we re still trying to see if that s the it s the case. shep? shepard: the folks are on stretchers and going to a separate area. are they going back in the hospital? it doesn t appear so. it appears they re making room for more patients. that s an iv stand or a stand of some sort to hold fluids for a patients. doctors putting their hair up and a number of people have been scrubbed down for this process. reports came in at 2:00 central time, which is about 39 minutes ago. since then, these pictures right now are from ktrk, which is abc 13. our network news affiliate is reporting as many as 200 officers and personnel are making their way toward the hospital. the vast majority have made it there. in addition, they have been sending out new information from police who are describing this singularly as an active shooter situation. but the actions of the police department suggest there may very well have been an active shooter situation, it doesn t appear that s the case at the moment. we ll have to wait more to find out. this is a staging area outside the hospital. trace mentioned it s by rice, houston zoo, the children s hospital. easy access for a level 1 trauma center in this enormous and sprawling city with loop after loop of highways all around it, this is the spot where people need critical care. in addition, this is a world renowned trauma center. if you ve been shot or been in a horrible car wreck and your life is in jeopardy, the world always is if they can get you here, if they can get you in this houston health center to ben taub, to the emergency services there and you re still alive, your chances as good as anywhere in the world. they re excellent at what they do. today it appears they re caught up in the middle of a situation, the kind of thing they normally treat. whether anyone has been shot is a guessing game and nothing more right now. what we can report to you is what authorities have reported to us. they have reports of a shooting on the second floor of this hospital. there s always kinds of reports all over the internet what this has been. none of them match. sometimes they re just made up. we ll tell you what is official and that is from authorities that they have a report of an active shooter situation. that was at 2:00 central time, 41 minutes ago. now they moved a lot of patients out of the hospital as is clear. you can see a news crew on the bottom right-hand side of the screen. a guy there interviewing folks on scene. we have crews on the ground waiting to find out the situation in the hospital. as we showed you a minute ago with the flooding on the west coast, san jose, the rescue workers doing their dead-level best to make sure nobody loses their lives, now the critical care workers and everybody else is making sure that the patients are safe. we ve just gotten new word from the hospital through the authorities, houston police say they re searching this hospital. so for there s no reports of any injuries because of any gun fire at all. again, if you get a report of a shooting inside a hospital, you d have to treat it as an active shooter situation. that s what they have done. people are all outside of the hospital. 2:42 p.m. so much of life has been disrupted in the hospital as a result of the reports. the thing we re not 100% sure of is exactly what happened. just gotten you can see the officer going into the hospital there with a gun drawn, a long gun. it was on the left-hand side of your screen now that doesn t suggest anything except that police or that law enforcement officer was in a defensive mode and who wouldn t be with this record out there. what we don t know is whether they have been able to apprehend anyone or find anyone that might have matched this description or if this was some sort of false alarm which has grown into something large. you can see the number of police officers behind the police car there, m-54 standing in the background and appear they re not in the line of fire there. they have to treat things in that matter unless and until they realize the situation is diffused. with the officers taking cover behind their cars, they re behind vehicles where there s no danger. this is not how they would normally act. if they re sure nothing is happening in there. the all-clear has not been given. no reports of any injuries due to any shootings. this is according to kviv, our station there. talked to a witness that didn t hear any gun shots. just yelling code white which means active shooter situation. there s confusion on the ground. patients are outside. as many as 200 law enforcement officers have made their way to ben taub hospital in southwest houston. continuing coverage of this breaking news after this. .. but with added touches you can t get everywhere else, like claim free rewards. or safe driving bonus checks. oh yes.. even a claim satisfaction guaranteeeeeeeeeee! in means protection plus unique extras only from an expert allstate agent. it s good to be in, good hands. bringing more patients out. you can see the police officers here behind their vehicles. there s a hospital to the left on the camera. the hospital to the right. the report has been of shots fired on the second floor. new information that we have, there were some children that were at the hospital touring today. the children are safe. we have no reports of anyone being shot at the hospital. certainly 200 officers have shown up there. from the aerial view from ktrk from abc 13 from the houston area, from the aerial shots you were able to see what appeared to be a staging area for all of the patients that were in the hospital. that is still this is kriv, fox 26 in houston. you can see where they brought them out of the hospital and more and more continue to come. our texas correspondent, casey stegall is watching this. casey, no reports of anybody hurt at all. that s right, shepard. we just got off with the houston police department before i got on air with you. officials there say there s no reports of anyone being wounded. in other words, all of the police are going door-to-door, floor to floor and they re going through every square inch of that hospital. you could think in typically situations like this, if a victim is laid out on the floor, something of that nature, the police would be able to radio that information out rather quickly. we haven t gotten that world yet. it s a fluid situation. hpd says it was a report of someone hearing what they thought were gun shots. nobody physically seeing any victims in the hospital or anything like that. i also did speak to a public relations person from the hospital system itself. that individual tells me that the people are being removed, evacuated from the area. that s why you see a large number of people coming out. otherwise, the hospital itself deferring to police on this. police didn t have more, shep. shepard: casey stegall watching from the area. our crews are on the ground, watching in the big wall. treatments appear to continue and we re also watching in san jose, california where the flooding is continuing to rise all across this area. live pictures coming in from san jose. you can see street after street rescues are underway, even as we speak. this is a live rescue. workers pushing families along in street after street? san jose. sometimes you can see the cars under water in small areas. they pull out and you realize it s only a block. here it goes for block after block after block. these boat rescues are happening about everywhere you look. in south, in the carmel area, hillsides vanishing. in los angeles, the rains continue. extreme weather coverage continues after this. cking resus that i m 26% native american. i had no idea. it s opened up a whole new world for me. by simply enjoying it. boost® simply complete. it s intelligent nutrition made with only 9 ingredients, plus 25 vitamins and minerals and 10 grams of protein. and look where life can take you! boost®. be up for it.™ places where there s windows. there appears to be more movement than before. our apologies from the breakup in the video from kriv. that s fox 26 for the houston area. an active shooter situation. no injuries of any kind reported. we re watching monterey, california where there s a weather alert and breaking news unfolding before our eyes. this has been developing for the last day. now it s quite serious. mandatory evacuation issued in monterey county yesterday. in fact, just about 22 hours ago, the carmel river hit flood stage. really started to peak last night. residents were forced to evacuate in the evening. now water rescues for those that did not evacuate across wide areas of san jose, california. this was affecting residents in salinas, carmel and the royal oaks area. highway 17 drivers affected by trees in the road. boat after boat, street after street, getting people that did not heed the evacuation orders to higher ground. emergency workers, volunteers have been helping there. in the carmel area, records of mudslides. we had pictures earlier from the sheriff s department there in around salinas, but in monterey county really. this is new video that just came in to rescues that took place at people s houses and apartments and condos. parentsly apparently some people did not evacuate last night. the rain is expected to continue the next 1 1/2 days or so. a one-daybreak and more storms for the weekend. so where there was drought, there s flooding and mudslides. we re working to update you on breaking news out of houston. neil cavuto is next. the final bell is sounding on wall street. another big day for traders down south in manhattan. the dow is up 119 points on this session. all arrows pointing up. i m shepard smith. stay with us. the future of business in new york state is already in motion. companies across the state are growing the economy, with the help of the lowest taxes in decades, a 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exhibiting the kind of profound indifference to the racial contours of the jeff session nomination that i wouldn t have expected from somebody as savvy as mitch mcconnell. if they did that on purpose to be racially provocative, to stir you racial currents here, i think that s scary and gross. if they did it accidentally, i think it s political malpractice. but i think they ve just turned this issue and elizabeth warren and the jeff sessions nomination into a much hotter, more hotly contested and sort of scarier thing that it s been up until now. it was remarkable. do you think it changes any votes? that s my last question. i don t know. we ve seen a lot of republicans say they were willing to support jeff sessions, joe mancion. an extraordinary legal battle over the fate of the travel ban. a three-judge panel is considering an argument on whether to keep a hold on the order. is there any reason for to us think there s a real risk? the president determined that there was a real risk. i can t believe we re having to fight in a court system to protect the safety of our nation. it seems like trump s real rage is he just found out there were two other branches of government. some things are law. some things are common sense. this is common sense. the roll-out was disastrous. i should have delayed it a bit. everybody is talking and dealing, a lot of bad people are thinking about let s go in right now. have you urged the president not to make false claims? i m not going to speak for the president. he can speak for himself and the yes. don t count the pause. this is as clear a power clash as you ll hear in court. trump s lawyers telling the judge this is basically none of their business. they do have some law on their side. but one of the questions in this case is whether the government is conducting religious discrimination, which is unconstitutional. the judge asked if this is a religious ban would the court doors be open, could someone have standing for that? the question drew a concession from lawyers that there are court cases, a 1972 case called mandel that would open the court s doors. if the order said muslims cannot be admitted, would anybody have standing to challenge that? i think mandel and din give a route to make a constitutional challenge if there were such an order. then the judges pushed further saying the muslim ban policy statement trump s lawyer backed down in his answer. well, those are in the record. the record is of course the foundation for arguments in this case. the judges are basically pushing trump s lawyers to accept the reality that one of their own advisers, a former prosecutor, said this all grew out of a muslim ban. now, on the other hand, to be fair, the white house has stressed giuliani went rogue and they say the order isn t a muslim ban. then the hearing moved from the government s legal powers to its powers of reasoning. this is where the legal and political debate meet because we re going to hear a lot about why president trump picked those seven countries to ban. tonight a lower court judge citing that in court when trump s d.o.j. lawyers couldn t justify the threat of immigrants from those seven countries. the district court asks the representative of the department of justice, you know, you re in the department of justice, how many federal offenses have we being committed by people who came in with visas from these countries? and the ultimate of the answer is there haven t been any. that s true. here was the trump lawyer s answer in court on friday. your honor, i don t have that information. i don t have that information. but that information is available. there have been no deadly attacks by immigrants from any of the seven countries. the judges didn t bring up that moment to give the laura hard time. the legal reason to cite that moment is because courts may review whether a government decision is rational. this is considered a pretty easy review usually. the government basically needs a rational reason for doing something, almost any reason will do. but the government can t offer a bad reason for no reason, which could be irrational. and after two weeks the trump team is still struggling to offer that rationale. it cites homeland security but no other deadly terrorist attackers, again, are from the seven countries. and tonight trump s lawyers cited a federal law about vetting for mostly european travelers to explain those seven countries. that may be a tough legal argument, though, because that law had nothing to do with native immigrants traveling from those countries. it was a law that gave extra vetting to european travelers who passed through the seven countries. you can think about it like this. if a british tourist stopped in libya, then the u.s. would give him extra vetting on his way to the united states. that was a security measure applied to the british tourist, not to libyan native immigrants. bottom line, this was a list of countries that were deemed dangerous to visit, not necessarily dangerous for sending their native citizens as immigrant terrorists to the u.s. now outside the courtroom it may be an effective political tactic for trum top say he got this list of countries from congress and the obama administration, even if it was for a european waiver program, not for banning immigrants. but, for example, inside the courtroom some judges are already probing whether this law is, yes, rational. the government does have huge immigration powers but tonight some judges may further probe whether he is using those big powers rationally. joining me now is bob ferguson, attorney general for the state of washington in his first interview since that hearing tonight. what did you think of the judges questioning? do you think you will win this next round? thanks for having me on, ari. really appreciate it. yes, i said from the beginning when i filed this complaint on behalf of the state of washington that i was confident we would prevail. we prevailed at the if the district court level and i m confident we ll prevail here as well. when you think about the debate over the seven countries, do you think the judges will dig in deep to look at how the visa waiver program has worked or should they state out of that because even if these seven countries weren t well pick, you can concede the president would suspend immigration from all of saudi arabia on september 12th. i m glad you played in your clip in one one of the lawyers asked the justice department are you saying that the president s actions are unreviewable and after that long pause, the answer was yes. i think the ninth circuit court of appeals is going to see it the same way. your lawyer did have a pretty good day but he did have a rough patch on all of global muslims who aren t affected by this. take a listen. do you have any information as to what percentage or what proportion of the adherence to islam worldwide are citizens or residents of those countries? my quick pencilling suggests it s something less than 15%. i have not done that math, your honor. if the vast majority of the world s muslims are unaffected by this, how does your case credibly state this targets muslims? the part that you did not air was noah s answer, which he eventually got to, in looking at whether there s a motivating factor that s discriminatory. it doesn t mean the action has to discriminate against everybody within a particular class, as long as you re discriminating against a group. we think in this case the evidence is clear from president trump s own word and the judges hammered on that as you pointed out later in the oral argument. bob ferguson, thanks for being here. you run an organization that has handled many such cases, including challenging the war making power in detention cases. we met many years ago when i worked ccr. there is an argument that this is the heart of presidential power. it is the heart of presidential power. think think what s clear particularly when we talk about the discrimination question, i think the attorney general is right in their view that you don t have to discriminate perfectly, you don t have to discriminate against everyone. for example, if the president came up with some law that said we are going to discriminate against black people in three states in the united states, that doesn t cover everybody in the united states, but it doesn t mean it not discrimination. so i think there s a plausible and a very good solid argument that they re making that it doesn t have to be perfect discrimination in order for it to be unconstitutional and problematic. there are so many different lines of attack here, which is common, because lawyers like to put everything on the menu for a judge. putting your litigation hat on, which do you think are most likely to get the ban permanently struck down? i think there a range of question. i think there s an equal protection argument with respect to discrimination. i think the first amendment with respect to religion i think is also strong. there are a lot of there are state court arguments, state constitutional arguments, a lot of stuff that s in there. i think the strongest piece is that president trump and his folks said pretty clearly that they wanted to create a ban. they actually wanted to create a ban before he was the president-elect, before he was the nominee. he s been talking about this before he even had access to a lot of the intelligence stuff. i think it s fair for the court to be able to look behind what his claims are now, particularly when you have an administration that doesn t seem to be so happy to tell the truth all the time and that they fudge the facts. i think it s actually not only within the court s power but i think it s prudent to look behind some of those. that was one of the roughest parts in these arguments tonight. at one point the d.o.j. was struggling, basically, to provide some of the basic type of record evidence, just the basic facts and precedent that you d want to provide a judicial and they said back to the judge, well, this is going really fast. the judge pointed out it s going fast because the trump administration asked for this emergency hearing. yes, your honor. these proceedings have been moving quite fast and we re doing the best we can. you re saying the proceedings are moving fast but you appealed to us before you continued in the district court to develop the record. so why should we be hearing this now if it sounds like you re trying to say you re going to present other evidence later? in your view has there been some subpar lawyering here because the administration has mott put its best foot forward to defend this in court? i think it s ad hoc lawyering in the sense that they are making this up as it goes along. the order was issued so rashly and so badly and without any good roll-out, everybody is scrambling to figure out what the legal arguments are. there s one point i think the judge made which was really interesting when he was asking one of the judges was asking the questions about isn t true for these seven countries, that congress s response to them was to vet people more in these seven countries and is there anything wrong with that, is there a changed circumstance? the judge is saying if it ain t broke, why is president trump trying to fix it? and of course the government lawyer couldn t possibly do that. what again goes to part of where the justice department does not want to be, which is the innards of this rule. that s why they started with don t even look under the hood. the question is whether the appeals court or supreme court wants to second guess immigration to that degree. thanks for being here, vince warren. thanks for having me. we have more on the breaking news rachel and i were discussing, elizabeth warren being formally rebuked by republicans on the senate floor for a floor speech where, among other things, she was quote, coretta scott king. there are over 47 million ford vehicles out here. that has everything to do with the people in here. their training is developed by the same company who designed, engineered, and built the cars. they ve got the parts, tools, and know-how to help keep your ford running strong. 35,000 specialists all across america. no one knows your ford better than ford. and ford service. right now, get the works! a synthetibloil change, tire rotation, brake inspection and more for $29.95 or less. look at you, saving money on your medicare part d prescriptions. at walgreens we make it easy for you to seize the day by helping you get more out of life and medicare part d. now with zero-dollar copays on select plans. .and rewards points on all prescriptions, walgreens has you covered. so drop by and seize the savings! walgreens. at the corner of happy and healthy. after president trump ordered that raid in yemen which killed some yemeni civilians, the yemeni government is saying it can will ban the u.s. from ground operations. we have more on that next. we have a question about your brokerage fees. fees? 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(jokingly) guess we re having cereal for dinner. new kellogg s raisin bran crunch apple strawberry president trump is obviously an unusual client. while the justice department is defending the ban, he suggested any ruling against his order would make the federal judiciary responsible for any terror attacks on u.s. soil. and in a meeting with the national sheriff s association today. and in a bizarre exchange, a sheriff was complaining about civil asset forfeiture. and then president trump basically said he would get involved with a threat of payback. he didn t even know who the legislator was yet. take a listen. on asset forfeiture, we got a state senator in texas that was talking about introducing legislation to require conviction before we could receive that forfeiture money. can you believe that? i told him the cartel would build a monument to him in mexico who is the state senator? want to difficult me his name? we ll destroy his career. joining me now is jeremy bash, former chief of staff to leon panetta. any comment on what i just saw, the president s approach to the federal judge and the federal judiciary s oversight of these issues, which you ve dealt with on the national security side. the president likes to attacks institutions, he s attacked free press, downgraded the role of national intelligence and joint chiefs. it s an effort when his policy goes forward, he s not constrained by facts, people who are experts in their field. it s dangerous for policy making and i think it s dangerous for national security. when you look at the security side, i wonder what your observations are having listened to that hearing. there are certainly times where your old cleagues at the cia or pentagon would say keep the judges out, we respect them but we would prefer to do our own business and the cia often when it comes to areas where the rest of the government is held to account, they have some exception, some of them well earned, some of them logical. what is your view of the balance you heard in that courtroom today? i think the president does deserve some deference in matters of national security. but in this case, the threat was hyped. supposedly there s some secret information or intelligence that would justify an emergency situation like this, that the president should come forward and tell us why we should close our borders to seven countries. as i was reporting, there has not been a security-based argument. there was an argument of federal law dealt with visas even that is not about the security threat. do you know of one? no, i don t. i ve been trying to find one and i think we ve all been hunting about the rhetoric about the muslim ban. we can t come up with it. the viewers should look at an important filing made in the ninth circuit that was signed by four people who ran the cia, general mike hayden, john mclaughlin, a career cia analyst, mike morel, also a career national security professional and analyst and leon panetta, my old boss who ran the cia and the pentagon, four men who basically argued there is no reason to protect the country in this way. there s a reason to protect the country from terrorism, you do it in a focused way, following leads and following specific threat streams. that s how we have prevented another 9/11 in the past 15, 16 years. you don t do it through these blanket bans. and there s no real reason from a national security perspective to do it in this way. and worse, ari, this is what came out in their filing, it would hand isis a major victory, so it could make our country less safe. jeremy bash, as always, appreciate your expertise. coming up, more on the breaking news. the dramatic turn of events with republicans formally rebuking elizabeth warren and she was quoting coretta scott king. when that pain makes simple errands simply unbearable. .i hear you. i hear you because my dad struggled with this pain. make sure your doctor hears you too. so folks, don t wait. step on up. and talk to your doctor. because you have places to go. .and people who can t wait for you to get there. if you have diabetes and burning, shooting pain in your feet or hands. step on up and talk to your doctor today. at angie s list, we believe there are certain things you can count on, like what goes down doesn t always come back up. 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(in chinese) king arthur: charge! let your reign begin. evony, the mobile game. download now. a disgrace to the department of justice. i think that may have been senator [ inaudible ] who said that. although i would be glad to repeat it in my own words. so quoting senator kennedy, calling them nominee sessions a disgrace is a violation of senate rules? it was certainly not in 1986. in the opinion of the chair it is. so let me understand then the senator is warned. that is certainly an unusual event on the senate floor and one that has some differing precedent, which we will get to. to show you what happened, senator warren interrupted again, this time by senate majority leader mitch mcconnell. mr. president the majority leader. the senator has impugned the motives and conduct of our colleague from alabama as warned about the the chair, said senator warren has used the awesome power of his office to chill the free exercise of rights of mr. president? i m surprised that the words of coretta scott king are not suitable for debate in the united states senate. i ask leave of the senate to continue my remarks. is there an objection? i object. the objection is heard. mr. president, i appeal the ruling of the chair and i suggest the absence of a quorum. the clerk will call the roll. then in a vote of 49-43, the senate held the vote on that underlying issue. the result being to silence senator warren. now, moments ago she spoke out on this. this was her first interview or really public statement of any kind off what again was very unusual on the senate floor. this is an unusual circumstance in the sense that you have the conduct of a senator about remarks of another senator who is also, obviously, up for confirmation. so there s more than one thing going on. here s how she explained it in this new interview with rachel maddow. reading that letter out loud, according to mitch mcconnell, impugned senator sessions and therefore i got gavelled and was forced to sit down and i am not allowed to speak on the floor of the senate. i m not allowed to speak so long as the topic is senator jeff sessions. wow. i ve been red carded on senator sessions. for more on this developing news, i m joined by joan walsh and jonathan walter. joan? it s unbelievable. i mean, to see her being told to sit down is almost painful. the idea that a senator is above criticism, when you nominate a senator for a cabinet position, his colleagues can criticize him is kind of elitist. and he didn t just silence elizabeth warren, he silenced coretta scott king. and jeff sessions was not a senator when these comments were made about him. they re comments that came in the unfortunate senate nomination for judgeship where he was rejected by a republican senate. so the idea that these words that moved a republican majority senate in 1986 are now not fit to be spoken. and she wasn t just prohibited from continuing that statement, she s prohibited from making any statement through the rest of the debate on sessions. i just didn t know that was possible. i just think it s profoundly stupid of mitch mcconnell. i mean, what has he done? he s shone a light on the objections to jeff sessions as essentially a racist, that coretta scott king, who is still a revered figure in this country brought up now the attention of the nation or people who are interested in politics is riveted on this. to use a cliche, the optics are horrendous, as they have been for the trump administration so far. it s almost like the disease of bad optics is contagious and now it s moved to capitol hill where they are doing things that defy political common sense and normally mitch mcconnell, what everyone thinks of him is a smart operator. this was a dumb thing for him to do. and to your point, they have the votes on those of these. the only thing left is a debate on the senate floor, which is not exactly the roughest or toughest opposition tactic. it is literally words in a public debate that then move on to a vote. we ll put up on the screen for folks and most people don t care much about rule 19 but it says no senator in debate shall directly or indirectly by any form of words imcompute to another senator to or other senator any conduct or motive unbecoming a senator. the core of the rule is to try to protect a little bit of comity and good faith between senators. it is not obviously at a basic level confirmation process where their conduct will be assessed on their senator. a lot of unusual things tonight. thech say, quote, senate republicans have regularly flaunted rule xix in the past, this is a clear case of selective enforcement. only senator warren accurately quoting from mlk s widow provoked republicans to action, joan. i m not a lawyer, i m not a scholar of the senate, but it clear that is intended to keep certain boundaries around debate and i can understand it. it s not intended to be use in a situation like this. an impartial president, an impartial senate would have looked at this as two senators having a debate. i think he should be voted down because of his racial past and voting rights past first and foremost. i m not aware of a single republican in danger of voting against him. i wish i could say it was different. are you, john? no. and think back to a couple of years when ted cruz and rand paul were going at it. so for them to choose this occasion to shine a light on it in this way is perplexing. we would not be talking about this. it s not as if the attention of the world was riveted on the senate floor tonight. this was the last stages of something that s a done deal, sessions is going to get confirmed and the underlying issue is of course the questions that did dog then prosecutor sessions when he was up for the federal judgeship, which is there were accusations made on the record, some under oath, that he had made a lot of racially incendiary comments, that he was basically having difficulty with black colleagues within the prosecutor s office. now, in fairness, there was a strenuous rebuttal of that at the time and they continue to rebut that. that is something that is up for debate. i wonder how do you talk about any of that fairly, right, without raising the prospect of impugning him as a nominee, whether you were on the attack or defense, you re going to be discussing that alleged conduct. of course. and when you re talking about confirming somebody for a position that is this important, to say that, oh, this big chunk of his record, what denied him to be a federal judge in the past, that s off limits because now he s protected by being in the club. you almost think that mcconnell wants to polarize this a little bit, wants to rally the trump folks who are behind sessions so that he has some really adamant supporters when he goes into that job at the justice department. jonathan, thank you for joining us. joan stays. we do have new polling here about what americans think of donald trump s presidency and whether the honeymoon is over. but grandma, we use charmin ultra soft wiskin and nails you ll enjoy lustrous hair, vibrant skin, and healthy nails. so no matter what happens,. you ll still feel beautiful. nature s bounty hair, skin and nails. better off healthy. here s something you may not have seen yet. the federal official in charge of implementing president trump s travel ban, homeland security secretary john kelly, said something interesting. he now says it would have been better to roll out the ban differently. this was before the house homeland security committee today. in retrospect, i should have, this is all on me by the way, i should have delayed it just a bit so that i could talk to members of congress, particularly the leadership of committees like this to prepare them for what was coming. credit where it s due and whatever amount of credit may be due, but that is useful testimony from a public official. the roll-out, which was widely known as confusing. is how president trump described it two days ago. i think it was very smooth. it stopped 109 people out of thousands of travelers and all we did was vet them more carefully. it is early on for this administration and voters tend to give new administrations something of a honeymoon period. we checked today and it looks like that is not happening. 51% of americans disapprove of how president trump is handling his job. gallup tracking shows 54% disapprove while 42% approve. it took 922 days for president obama s approval rating to 42% in gallup. donald trump has been in office 19 days. what reportedly bothered president trump most about this snl sketch? the answer coming up. my belly pain and constipation? they keep telling me drink more water. exercise more. i know that. try laxatives. i know. believe me. it s like i ve. tried. everything! my chronic constipation keeps coming back. i know that. tell me something i don t know. (vo) linzess works differently from laxatives. linzess treats adults with ibs with constipation, or chronic constipation. it can help relieve your belly pain, and lets you have more frequent and complete bowel movements that are easier to pass. do not give linzess to children under 6 and it should not be given to children 6 to 17. it may harm them. don t take linzess if you have a bowel blockage. get immediate help if you develop unusual or severe stomach pain, especially with bloody or black stools. the most common side effect is diarrhea, sometimes severe. if it s severe stop taking linzess and call your doctor right away. other side effects include gas, stomach-area pain and swelling. talk to your doctor about managing your symptoms proactively with linzess. question president trump was most bothered by which part of this snl skit? i want to talk about the travel ban it s not a ban. pardon? it s not a ban. you said ban. you just said ban. i m using your words. he s quoting you, it s your words. he s using your words when you use the words and he uses them back, it s circular using of the word and that s from you. the problem is that is what the briefings, it s what they feel like sometimes. but the answer to our quiz for you tonight, according to politico, quote, more than being lampooned as a press secretary who makes up facts, it was spicer s portrayal by a woman that was most problematic in the president s eyes according to sources close to him and the unflattering send-up by a female comedian was not considered helpful for spicer s longevity in the grueling high-profile job. in the article, trump doesn t like his people to look weak added a top trump donor. the internet decided who snl should enlist in its next potential takedown of trump world, we re hearing rosie o donnell playing potentially steve bannon. turns out rosie herself already weighing in tweeting available if called, i will serve. and there s three exclamation points and in hollywood that means i want the part. grid every day. and we came up with a plan to help reduce my risk of progression, including preservision areds 2. my doctor said preservision areds 2 has the exact nutrient formula the national eye institute recommends to help reduce the risk of progression of moderate to advanced amd after 15 years of clinical studies. preservision areds 2. because my eyes are everything. whether it s connecting one of or bringing wifi to 65,000 fans. campuses. businesses count on communication, and communication counts on centurylink. the search for relief often leads here.s, today there s drug-free aleve direct therapy. a high intensity tens device that uses technology once only in doctors offices. for deep penetrating relief at the source. aleve direct therapy. holy mackerel. wow. nice. strength and style. which one s your favorite? come home with me! it s truck month! find your tag for an average total value over $11,000 on chevy silverado all star editions when you finance through gm financial. find new roads at your local chevy dealer. .stop clicking around.travel sites to find a better price. the lowest prices on our hotels are always at hilton.com. newly disclosed court documents raising some questions about potential conflicts of interest within the trump white house. in is all part of a $150 million libel sued filed by first lady melania trump, going after the daily mail over an article they have retracted. mr. trump s role as first lady is not explicitly mentioned but refers to an opportunity to launch a broad-based commercial brand in multiple product cart grist, each of which could have garnered multi-million dollar business relationships for a multi-year term during which he is one of the most photographed women in the world. i will start from a criticism here of richard painor. he says there s never been a first lady of the u.s. who insinuated she intended to make a lot of money because of the once in a lifetime opportunity of being first lady. since we re talking lawsuits, we ll give you the rebuttal. catherine charles harder, melania trump s attorney and a top, well-known attorney in these libel cases and says the is no intention of the first lady of using her position for profit. it sounds like she should read her own brief. i don t know how her own attorney can argue within the span of 24 hours that she either wants to capitalize on her new found fame and profile and doesn t want to. some of them is second nature to them. there s nothing wrong if you don t want a career in public service. jay-z said i m not a businessman, i m a business, man. nothing wrong with that. we have a country that rewards that. seems the problem is the transition, out of private gain to public service. she s in the white house, she is the first lady. i just can t believe that the lawyer would undercut his own real argument for damages here. i also find it hard to believe, ari, that this allegation, which we don t even dignify by repeating was widespread enough to actually cost her opportunities. so i think it s terrible i mean, this is kind of an inconsistent argument. i think it s terrible for her to be looking for those opportunities but i also find it hard to believe that this, which did not circulate that widely, people found the charges radioactive could be blamed for costing her millions in opportunities, even if she decided it was appropriate for her to pursue them. and mrs. trump has a very strong case on the underlying issue. the question is whether it worth that many millions, the lawyers tend to do some inflation. they ve applied for trademarks for make america great, keep america great, which show a nexus of the political to make money. you don t need to make money to get votes. that s why we ve talked about the importance of having then donald trump, now president trump, there s a reason we don t want people in public service to be putting themselves in position to directly benefit from that service, at least in a financial sense. thank you both for joining me tonight. that does it for the last word. you can e-mail me at ari at msnbc.com. the last hour with brian williams is live starting now. the 11th hour begins now. good evening. once again from our headquarters here in new york, this early and continuing battle between the
north korea will reject the results of what it calls the forced autopsy which it says was not witnessed by north korean officials. who knows if the north korean will ever get that body back or what that autopsy will say about the cause of death. brian, thank you. i m brianna keilar. erin burnett out front starts right now. out front next, breaking news, the dow hits an all time high again seven days in a row. trump taking the credit. does he deserve it? and the secret service investigating an incident tonight involving trump s mor or the cade, what happened, and trump s twitter tirade. he tweeted, deleted, retweeted. let s go out front. good evening. i m erin burnett. one thing going right for trump. an all-time high. these are the facts. stocks hit a record today in the midst of their best streak in 25 years. it s a dramatically different headline than the ones about chaos and turmoil in the white house. those headlines are true, but so is this one. the economy is surging. another fact. a survey at its highest level since 1984. president trump today taking credit at a boeing plant in south carolina. since november, jobs have already begun to surge. the president celebrating his boeing visit. but does he get the credit or would that headline be fake news? sara murray begins our coverage tonight at the white house. sa sara, the economy right now is the big bright spot for this president. reporter: that s right. despite president trump saying earlier this week he inherited a mess, he does have an economy with a 4.8% unemployment rate, incredibly low. when he was in south carolina today he said he would spark even more job creation but didn t say how. i love south carolina. i love it. less than a month into his presidency he s breaking out of the bubble getting back into campaign mode. this was going to be a place that was tough to win and we won in a landslide. reporter: he visited a boeing plant today. the president trying to get back to his sweet spot touting his goal to revive american manufacturing. when american workers win, america as a country wins, big-league wins. that s my message here today. america is going to start winning again, winning like never, ever before. reporter: with the administration under fire over to give him a chance. i think whatever he says it changes from day to day, so i don t actually believe he has the vision and ability to follow through on policy. reporter: strong opinions on the topic. on both sides we heard on a number of issues people are passionate about. thank you very much. out front, former economic adviser to donald trump s campaign, steven moore and former chairman of the council of economic advisers for barack obama, alston goolsbee. thanks to both. four weeks into president trump s term, taking credit for job growth, stong consumer confidence, surging stocks. fair? i think there is a trump effect, no question about it. if you look at the stock market, after a level 2016, it started to surge after the november 7th election. no question about it. and it s not unusual that a president would take credit for things that happened on his watch. he s only been in office for a month and some of these were let in motion. the big effect here, over the last week, the whole media story has been, oh, a tumultuous week for donald trump and washington, but what most americans are paying attention to is not this kind of palace intrigue we in washington pay attention to but what s going on in the real economy, and trump has had a good number of weeks so you ve seen an increase in consumer confidence, small business consumer confidence, the factory orders that came out last week were strong for january. so things are looking up and it s not unusual for a president to take credit for it. of course they ll take credit, whether fake nudes or real news we are at an all-time record on the dow. some of the things that are of wages and jobs is what americans will look at. you know, my attitude about the obama years, yeah, the economy did pretty well, but there s really only about the top 20% that saw gains in income and the other 80%, not much. i traveled around with donald trump and we went to places like michigan, ohio, pennsylvania, and people there were saying they didn t feel much of a recovery. well, i would say that i disagree with that. you know, if you look at the actual data on wages, the last year s wage gains were the biggest in the middle class on record that we have been keeping track of that. i get the feeling if you look at what donald trump s doing, you know, we just had the super bowl. barack obama saves us from depression, he s been the starting quarterback for seven years, and with 30 seconds left in the game, and they re way ahead, they bring in the backup. and he s going around saying i won the game! he didn t win the game. look, we had a crisis i was hoping you would give donald trump a little credit in this interview. [ talking over each other ] steve, here s the thing. donald trump, say you want to give him credit. he can t take credit until things come to fruition. optimism is one thing, right? let s see what happens to those small business profits. he s done a lot of meetings, airlines, the retailers, he s met with everybody. tech companies. and here is what he has said after each one of those big meetings in recent weeks. they re all talking about the bounce, so right now everybody has to like me at least a little bit. but we re going to try and have that bounce continue. the auto industry just left a week ago. they were here in the same room. and they re very happy with what we re doing and you re going to be so happy with trump. i think you already are. there s a lot of you re going to like me and be happy, but he hasn t put anything on the table yet, steve. nothing. there s no tax plan. there s nothing on the table yet. wait a minute. i worked on the campaign and the tax plan. we have a tax plan. there will be some nuanced changes to it but everybody knows what he wants to do. he wants to lower taxes for families and bring america s is he going to put his plan on the table? he hasn t done anything yet. this is so far all talk. one reason for that is they ve been focused on obamacare, which is another high priority for trump. but i would make this point to both of you. you know, i think the reason you re seeing a bit of a bounce in the step of the economy since the election is that trump ran a kind of pro worker, pro business platform, and you know what, businesses want pro business in washington. i m not saying, look, i agree with you, we have to make sure regulations are in place to safeguard safety and other things like that, but just basically saying we want america to be competitive in the global economy, that s a very positive thing. i think businesses are responding in advance of some of these policies. i m not against that. how much time does he have, alston, before he has to have legislative victories in congress? two things. one, i don t think he has much time. most of what you get to do as president you do certainly in your first year and probably in your first just few months. i think the more they just kind of sit around and sign vague executive orders and don t actually put out details of what they want in a tax plan, the more danger they have that they re just not going to be able to do it. all right. i agree. i ve been frustrated with the pace of i want to see these things i wanted them to rush out of the gate like secretariat. i agree, alston, i think a president has a bit of a honeymoon period but the press hasn t given him much of a ho y honeymo honeymoon. but you have to get this stuff done quickly. most presidents get their agenda passed in the first six months. as you know, president obama got his stimulus plan done in the first month and a half or something like that. the first month. it was done by this point. he did come out of the gates like secretariat. the executive order that got shot down in court. all kinds of things that were secretariat-like, just not the ones you want. thank you. next, the secretary of state not staying with other world leaders for a conference in germany. wait till you see where he s staying. is it a simple logistical error or something much bigger? and an incident involving the trump motorcade on the way to mar-a-lago tonight, the secret service investigating. and on a lighter note, we ll introduce you to the guys responsible for saturday night live s newest star. i love how usaa gives me the and the security just like the marines did. at one point, i did change to a different company with car insurance, and i was not happy with the customer service. we have switched back over and we feel like we re back home now. the process through usaa is so effortless, humira works by targeting and helping to. .block a specific source. .of inflammation that contributes to ra symptoms. it s proven to help relieve pain and. .stop further joint damage in many adults. 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 flulike symptoms or sores. don t start humira if you have an infection. talk to your doctor and visit humira.com this is humira at work. u.s. allies on things like russia. the senior administration official talking about the trip using the word reassure and reassurance three times, this just after rex tillerson s first major meeting in germany with the g-20. michelle kosinski is out front. the vice president seeking to reassure as i said, reassure, reassurance, but the president of the united states doesn t even have a national security adviser right now. how convincing can this reassurance be? he can try. among allies there has been worry, skepticism, in some cases disgust, for example, over the travel ban, and there s been inconsistency. i mean, for example, they see one member of the president s team like the secretary of state say things like we ll consider working with russia, if certain contingencies are met, but they turn their head and see president obama sorry, see president trump on television making headlines saying we would love to do a deal with russia. and saying things that just aren t consistent. i think the good thing for mike pence is he ll be talking to nato allies even though president trump during the campaign said nato is obsolete and allies might have to defend themselves, he s since changed his tune and now we ve heard the administration say multiple times that at least they are committed to nato. and, you know, speaking of the world order, the secretary of state, rex tillerson, at the g-20 staying at a sanitarium 30 minutes away from the rest of the world leaders. the g-20 is a major event, known well in advance, right, that the state department would have planned for regardless of who the secretary was. does it speak to a lack of coordination within this administration? i think it points to a lack of everything being in place and you psi that throughout. there are people in top positions who are political appointees but who had decades of experience and were here for obviously multiple straights, asked to leave before those positions could be filled by the new administration. you have people within the state department who aren t sure what the policy is even going to be. so this is a little built of disorganization, although the state department says, look, tillerson has been in office for two weeks and we didn t book it until we knew that everything was going to be in place. but it points to maybe them not being 100% certain he would be confirmed. all right. thank you very much. richard haass author of a world of disarray, also met with president trump during transition. the secretary of state rex tillerson staying at a sanitarium 30 minutes away from where the players are at the g-20 and bloomberg describes it as, you know, security agents in a parking lot, elderly people in wheelchairs coming for their spa treatments. is this a logistical issue or reflective of a state department behind the 8-ball right now? it s a logistical issue on the surface but underneath it all i think it reflects two serious things. one is the lack of support at the state department. rex tillerson is essentially home alope. there s no staff. he wasn t able to get the deputy he wanted so that s one issue. second of all, it highlights the basic issue of the relationship between the secretary of state and this white house. no secretary of state can be successful if the world does not think he speaks and speaks authoritatively for the president. let me just say every day that goes by with this sort of thing happening, it begins to create doubts and doubts are poisonous for the ability of a secretary of state to be effective. tillerson hasn t taken any questions on this trip as you know. he doesn t have a deputy. he hasn t had a press conference since he took over. how much time does he have? he is someone that does lend gravitas and credibility in world leaderships to the trump administration, but as you said, the runway is short. the president has tome power his secretary of state. the president has to go out there and show that the secretary of state speaks for him, that the two of them there s no daylight between them. it would also help if there was a national security adviser in place because we don t really have an administration to speak of when you start talking about national security. so these are early days, only, what, less than a month since the administration began, but they can t count on the world remaining a calm place or a relatively calm place. sooner or later, a real crisis rather than one general rated by the administration itself is going to come into their in boxes and they had better be up and running and ready for it. prime minister benjamin netanyahu is a very important visit, obviously, this week. and trump was asked twice about anti-semitism in america. here at his press conference is how he answered a jewish reporter s question yesterday. what we haven t really heard being addressed is an uptick in anti-semitism and how the government is planning to take care of it. there are people who are committing anti-semitic acts or threatening he said he was going to ask a simple, easy question, and it s not. it s not. not a simple question. not a fair question. okay. sit down. number one, i am the least anti-semitic person that you ve ever seen in your entire life. number two, racism. the least racist person. he didn t answer the question. what do you make of that response? well, in what was an odd 77 minutes that was on the short list of odd moments. i thought it was a slow curve, but i thought the president it would have given him a simple opportunity to denounce anti-semitism, say it has no place in american society. what i couldn t figure out is whether he simply misunderstood the question, he didn t get it all. you know, i know there are those reading into it saying he politically didn t want to say certain things. i m not prepared to go there. again, i just thought it was something of a missed opportunity to stay what needs to be said, that there s simply no place for anti-semitism in any aspect of life in this country or anywhere else. he did seem to take it personally, i m the least anti-semitic person that you know. he made it about himself. obviously something that on all of these issues something he tend to do. again, i thought it was a missed opportunity but, you know, one thing i can bet on, he ll have another opportunity because anytime a president does that kind of a thing with the sensitive issue, you know and i know that some other journalist is going to revisit it. your name, richard, has been mentioned as a possible deputy secretary of state. elliott aber talked about his meeting with rex tillerson and president trump and said he thought president trump was engaged in the entire conversation, obviously that didn t work out. president trump found out that elliott abrams criticized him and wouldn t allow rex tillerson to hire him. if you were offered the job, what you ve seen this week with elliott abrams, the national security adviser, would you take the job? well, again, i m a great bhooefr that you don t turn jobs you haven t been offered, but don t get me wrong, i m not interested in that position. before you take a senior level job you have to be comfortable with the conception of the job, comfortable with the sort of policies you ll be asked to represent. you ve really got to be in alignment. anyone who s read my recent book, anyone who s been reading me on social media or watching me on shows like this will know that i m in many areas, many important areas, i m not in sufficient alignment with this president and this administration so far to accept a senior position. richard, there are some who say the united states is less safe right now, and when you look at foreign policy or the lack thereof, right, we don t know what foreign policy of this administration is, right, there is no syria policy thus far, his position on israel policy has completely flipped. he was for settlements, now is saying that he is wants a deal on that front. you see it with china, whether there s a one china policy or not. you see wit north korea. do you think the world right now is less safe than it was one month ago? well, the one thing i think the administration did that may have made the united states and the world less safe was its position dealing with refugees and the whole homeland security issue. more broadly, though, by move eight way from so many established positions, we ve created real doubts in the minds of our friends and allies about whether we are dependable, whether we re reliable, whether what has been the case remains the case. so i don t think it s that we re in the short run less safe but what worries me is we re setting in motion dynamics and trends that over months or years will reduce u.s. influence and will mean that a lot of traditional friends and allies increasingly go their own way. and they may defer to powerful local states, they may decide to take matters into their own hands and think about developing nuclear weapons, making more independent decisions. we re not there yet, but i think we are setting that kind of historical trend in motion. richard, thank you very much. thanks for having me. next, the president today tweet, deleting, betweening, retweeting. what is the one word that was so important for him to take out? he actually censored himself? and the trumps in florida, eric and don jr. are in dubai. how much is it costing you right now for all of that to keep them safe? . this is my retirement. retiring retired tires. and i never get tired of it. are you entirely prepared to retire? plan your never tiring retiring retired tires retirement with e trade. i m in vests and as a vested investor in vests i invest with e trade, where investors can investigate and invest in vests. or not in vests. sign up at etrade.com and get up to six hundred dollars. the sun ll come out for people with heart failure, tomorrow is not a given. but entresto is a medicine that helps make more tomorrows possible. tomorrow, tomorrow. i love ya, tomorrow in the largest heart failure study ever. entresto helped more people stay alive and out of the hospital than a leading heart failure medicine. women who are pregnant must not take entresto. it can cause harm or death to an unborn baby. don t take entresto with an ace inhibitor or aliskiren. if you ve had angioedema while taking an ace or arb medicine, don t take entresto. the most serious side effects are angioedema, low blood pressure. .kidney problems, or high potassium in your blood. tomorrow, tomorrow i love ya, tomorrow. ask your heart doctor about entresto. and help make tomorrow possible. you re only a day away this was on west palm beach over the bridge from palm beach, an island. secret service are investigating. it appears someone threw a rock or something at the motorcade. the secret service and local law enforcement paid particular attention to a rock about the size of a baseball lying in the graz on the edge of the road about 6 to 8 feet from the edge of the road. they took pictures, i believe we have video of it and there was also another object that was a piece of wood about this big. it s unclear whether either of these objects actually struck a vehicle in the motorcade. that s something they re investigating. they re going to the businesses around that intersection to take a look at video that these businesses have. we just spoke to the man who runs a gas station at that intersection and he has several cameras with several angles and secret service was still there reviewing that video. we re awaiting more word. the president travelled in a limo called the beast that is armor plated and able to sustain quite a bit of force but still concerning. absolutely. the president launching a new strike tonight against the media and this is interesting. he went out on twitter, shocker, tweeted, but then he deleted his tweet, that s unusual, then he edited it and sent out a new tweet and all of this seems to be about one word. reporter: exactly. let s just spell it out. the president has already said he s at war with the pedia, his chief strategist steve bannon has called the media the opposition party. clear how he feels about the media. the first tweet was the fake news media failing new york sometimes, cnn, nbc, and many more is not my enemy. this is the enemy of the american people. sick. you see that word there in all caps. he deleted that tweet and tweeted again a few minutes later, apparently wanting to include more news organizes, which required him to edit himself. edit out that word sick. that second tweet he said the fake news media failing new york times, nbc news, abc, cbs, cnn, is not my enemy. it s the enemy of the american people. he wanted to make sure he got every news outlet he could into that message. i should mention about an hour after that second tweet he said that he tweeted again quoting rush limbaugh, who according to the president said his press conference yesterday was one of the most effective press conferences i ve ever seen. the president then adding many agree yet fake media calls it differently. dishonest. i would expect we ll hear more of that kind of language tomorrow at the rally. that s right. big rally. athena, thank you very much. kayleigh mcenany, keith boykin, and nia-malika henderson, our senior political reporter. kayleigh, i m sure the washington post is shocked and happy to be left off of that tweet. in all seriousness, he s had a great day. chaos and turmoil, true headlines. but the headlines about the stock market and the economy are also true. a big moment at boeing. has this and then he goes off on twitter about the fake news media and, you know, had to drop the word sick which i m sure was heartbreaking for him because he had to add in more news organizations. skeersly, why not capitalize on the fact that he had a good day at boeing? he looked presidential. everything was going his way. sure. he s an equal opportunity employer including more news organizes. it s a personal attack on the media. i think the public at large views the media with suspicion. i think when he attacks the media he highlights the coverage, encourages viewers to view the media and their coverage with discerning eye particularly when there are gaps in the facts like the flynn transcript and left wing commentators inserting wild speck haitian. i think when he calls out the media it encourages the public to scrutinize the public and the press and it is a win, supplements his message. keith, while kayleigh may have some points, i disagree on one important thing. the enemy of the people is something that would bring down an institution that makes our country great. that is deeply concerning to me. you re right about that. keith, what is your view on the effectiveness of this? kayleigh points out, people who like trump, this is what they want to hear. it is what his supporters want to hear but not what the american people want to hear. it s not effective. it stepped on his message today at boeing. no discipline. did same thing about the convention on the benghazi day. stepped on that message with his fox news interview. this guy is unhinged and he can t stay focused. the problem is his job now as president is to unite the country. and he has not done one thing since the election to unite the media. he s attacking everyone except vladimir putin, by the way, and this is supposed to be the time presidents have their highest approval ratings. he has the lowest gallup approval rating for any president this time in history. it s not a good start and it s his fault. the campaign is over. time to start acting presidential and i don t think he s capable of doing it. nia? on the one hand, it does bind his supporters together. this is what they want to here. this is what they re used to hearing. donald trump has to have a foil. it s donald trump and fox news and rush limbaugh versus everybody. i think his attacks on other institutions like the court hasn t worked out well for him, his attacks on the intelligence agencies as he calls them, hasn t worked well for him. as well i think american presidents have used the idea of the freedom of the press as an argument why america is an exceptional country. this idea that he and bannon have floated that the media is an opposition nal party is not in keeping with what american presidents have used. i think it s dangerous taking away that argument. it s also kind of silly and a waste of time. cnn was here before donald trump was president. we ll be hereafter ward. t the washington post, other news organizations will be here after he s gone. it s like a broken record. kind of like what else you got, donald trump? is there something to be said here for steve bannon, i get it, he came from the opposition, this is how he sees the world. i understand that. but donald trump doesn t have political experience so maybe he doesn t understand the job of the media is to speak truth to power. that is our job. when you are in power, we are going to look, we are going to find, we are going to make sure. that is our job. he doesn t seem to get that. yeah, erin, i agree entirely about the importance of a free press. it is crucial to a democratic society. there is no argument about that. i think what president trump is frustrated with is like keith said president trump hasn t done one thing to unite the country. that is patently false. yesterday when the media was very into trump s press conference, rightfully so, it was a big moment, they did so at the expense of what was a unity moment, having coal miners in the white house, rescinding regulations, helping this ailing industry, issuing an order on black colleges and universities. these are unifying acts but left wing commentators ignore them or act as if they ve never happened. we leave it there. i thank you for tonight. out front next, president trump s third straight weekend at mar-a-lago. his adult sons opening a golf course in dubai. a lot of that is on your bill. melania still spending most days in trump tower. president trump talking tough, putting iran on notice. what does the average iranian think about that? 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[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 i am totally blind. i lost my sight in afghanistan. if you re totally blind, you may also be struggling with non-24. calling 844-844-2424. or visit my24info.com. so how old do you want uhh, i was thinking around 70. alright, and before that? you mean after that? no, i m talking before that. do you have things you want to do before you retire? oh yeah sure. ok, like what? but i thought we were supposed to be talking about investing for retirement? we re absolutely doing that. but there s no law you can t make the most of today. what do you want to do? i d really like to run with the bulls. wow. yea. hope you re fast. i am. get a portfolio that works for you now and as your needs change. investment management services from td ameritrade. of security, the first children overseas in dubai today, the first lady still living in new york. the price tag for security is becoming a big number, huge, in fact. tom foreman is out front. reporter: the cost of protecting the jet-setting first family could be epic starting with the president, vice president, their wives, confidant, children and grandkids, over 20 people from the get-go. that s unprecedented, but not unattainable to protect them all. reporter: the equation is complicated by the trump family working out of so many place the white house, the mar-a-lago in florida, several private residences in and out of d.c., and trump tower in new york, which the first lady calls home. secret service director joseph lancing. when i go into trump tower the restaurant is full, the starbucks is full of people, so the challenge is to allow those businesses to continue to operate but in a secure manner. reporter: in the works, permanently hiring out a whole floor for security operations. that would be 13,000 square feet of prime new york real estate at a four-year market value of $6 million, although the president could give his team a deal. another worry, most of trump s chirp are grown and involved in business meaning lots of travel. the washington post puts the secret service hotel bill for his son s trip to south america at $100,000. and two sons are opening a golf course in dubai this weekend. i would say the most challenging trips for us are the foreign trips. reporter: ef time a president takes off up to 300 people go along. teams for personal security, counterassault, intelligence, military support, intelligence, transportation, communication, staffing and more. price tag is hard to pin down, but a government study found a three-day trip by president obama in 2013 cost taxpayers $3.6 million. will the total be tens of millions, hundreds? it s hard to forecast what the cost will be. reporter: other presidents have raised security challenges with their lifestyles and travel. bill clinton s vacations in martha s vineyard, george bush s retreats to texas, barack obama s holidays in hawaii. and cnn is told just protecting vice president biden s family took nearly 50 agents. that s stunning. unprecedented bills to taxpayers? that depends on what kind of pattern they set into over the long run. this could be a lot more than barack obama, but not necessarily. if they settle down and deal with new york and d.c. and mar-a-lago, then maybe. president obama made various trips across the country, all of which cost a lot of money. the bottom line is president trump is not doing anything wrong. these are just the challenges in the modern world of guarding a president and those challenges can be very expensive. all right. thank you very much, tom foreman. next, jeanne moos on saturday night live giving new meaning to the bully pulpit. and anti-americanism in iran. intensifying since the election of donald trump. we are ready to fight. all of us. with every early morning. every late night. and moment away. with every click.call.punch. and paycheck. you ve earned your medicare. it was a deal that was made long ago, and aarp believes it should be honored. thankfully, president trump does too. i am going to protect and save your social security and your medicare. you made a deal a long time ago. now, it s congress turn. tell them to protect medicare. mattress firmness? enter sleep number. she likes the bed soft. he s more hardcore. you can both adjust the bed for the best sleep of your life. save 50% on the ultimate limited edition bed, plus 24-month financing. go to sleepnumber.com why do so many businesses rely on the u.s. postal service? because when they ship with us, their business becomes our business. that s why we make more e-commerce deliveries to homes than anyone else in the country. here, there, everywhere. united states postal service priority : you a stern warning from iran to president trump. the controversial travel ban has sparked outrage, anger we are seeing play out first hand. frederik pleitgen is out front from iran. reporter: death to donald trump, death to america these protesters chanted at the iranian revolutionary day in iran. on top of the usual anti-american chants in protesters, many depicting the new president. we are ready to fight. all of us. from the child, from the baby to the oldest one in iran. reporter: some three weeks into donald trump s presidency, the anti-american rhetoric and criticism is intensifntensifyin. president row hanni mocking trump, calling him a political newcomer after the u.s. hit iran with new sanctions following a ballistic missile test. saying his administration needs to be careful and all options including military actions are on the table. donald trump, he s just talking. i think he s just talking and he doesn t have anything to do. and he can t do anything. reporter: as pictures of trump and israeli s prime minister benjamin netanyahu broadcast around the world, iranian officials are balking with one top official attacking israel s influence on the trump administration. we think the decisions in the early stages of the trump administration are influenced by delusion and propaganda like the israeli lobby which is determined to damage the recent nuclear agreement. while iran continues to taunt the u.s., posters like this one mocking american sailors who were captured by the revolutionary guard navy last year popping up in tehran, there s also this, posters thanking americans protesting president trump s travel ban. still many here fear they could be headed for a major conflict with the new administration after a relative warming of ties during the obama years. frederik pleitgen, cnn, iran. and tonight it is becoming america s most famous podium, right? you know the one i m talking about. as we said, something that gives a whole new meaning to the world bully pulpit, here is jeanne moos. reporter: when president trump stood behind a podium and asked a reporter you okay? reporter: it reminded us of another podium and a fake reporter asking the same question. just mentally, though, are you okay? are you kidding me? are you reporter: melissa mccarthy as press secretary sean spicer drove her snl podium into immortality. the world s most famous motorized podium. did you have to teach jenny mccarthy how to drive a podium? we did. it was a lot of fun. reporter: snl gave this small pennsylvania company monkey boys productions less than 48 hours to create the podium. snl first suggested rigging a segue, but that was deemed dangerous so they took a motorized wheelchair, removed the seat, and built a podium on it out of foam and wood. mccart mccarthy controlled wit a joysti joystick. in her first rehearsal, mccarthy s driving was a little bit tentative. something you ve never done before but once she got the hang of it she was playing around having a great time, trying to run people over. reporter: of course even nonmotorized podiums have mishaps. whooo! reporter: hillary s collapsed. and obama s we cannot sustain whoops. was that my reporter: yep. presidential seal. all of you know who i am. reporter: podiums are always getting abused. by coaches. well reporter: makes mccarthy seem almost gentle. when you take the podium, try not to take it with you. then prime minister of italy tripped on a mike cord at the white house. vil veoh berlusconi decapitated the podium but kept talking. when your podium acts like a bully we ve been calling wit the bully pulpit. reporter: jeanne moos, new york. live from new york it s saturday night! we ll be right back. she seems nice. [ door closes ] she s actually pretty nice. oh. yeah.
saw fairly recently at the white house when president trump announced judge neil gorsuch would be his pick to replace justice scalia. several people people will be in attendance whose family were killed from undocumented immigrants. at president trump s campaign rallies he d bring people on stage to talk about this with regard to immigration. this will be a discussion of potentially economic security, national security, and possibly immigration as we look ahead later in the week, ali, to the president revealing his revised travel ban. on friday remember, it will be a month that original ban has been tied up in court essentially since the stay was put on it. the president might talk about his budget, too, something a lot of members of congress are particularly interested in hearing. here s what he had to say when it came to what he would do with entitlement reform with cuts to medicaid and social security. listen. you have an omb director finally. he says you have to take an axe to entitlements. u.s. treasury says we re not touching it. who is right? who is right if the economy sails i m right, i m not touching social security. your omb is wrong? i m not saying anybody is wrong. i think this is what s going to happen, brian, i think our country is going to sail. reporter: parse that. that is the president doing what he s done for months now, to continue to reiterate he is not going to be touching these entitlements. paul ryan is somebody who has worked for years to try to make the point that that overhaul needs to happen in order to make real dramatic changes to government spending, the house speaker saying this morning on nbc news with matt lauer that health care reform would be entitlement reform. it was interesting to hear him at his press conference earlier this morning ali talk about that given that did not seem to be one of his big pushes prior to president trump taking office. yes but you don t have to be an expert to look the at the budget and say if you are increasing defense spending to the degree they want to, you forward on it. i do think there is kind of, they re looking for some direction here. paul ryan the house speaker was pressed on all of these issues earlier today. take a look at what he had to say. two, entitlements are reformed with repealing and replacingby ma cair right now. that s two entitlements we re reforming just this spring so we are well on our way to reforming entitlements by repealing and replacing obamacare so i think that s a pretty darned good start. reporter: but the reality here, ali, is that you know, president trump, his rhetoric is much different than paul ryan, when it comes to entitlements like medicare and social security. paul ryan has essentially built almost his entire political kind of reputation and career as the guy who is willing to te on the hardest questions in government, and trying to control the costs associated with entitlements. it s both a necessary thing for the long-term fiscal health of the country, republicans would expect a reset or like what he said to fox&friends this morning where everything is fine. a lot of people watching to see how he decides to pivot. last year his famous line in his convention nomination speech was i alone can fix this. well we ve seen now few weeks in office that you can t do everything by yourself as president. he s tried signing a lot of executive orders, some of them have gone forward, some of them have been stopped by the courts. there s a limit to how much you can do without congress and so far he actually hasn t proposed much of a legislative agenda. they re talking about it but haven t come up with the specifics. if he s going to begin engaging congress-to-tonight s the night to do it. what are we asking congress to dos? his republican party in charge of both houses. what does he want to do on health care, on tax reform and a loof other issues. hallie, there are som protests taking place tonight that will take place inside the capitol, some because people won t show, some because of what people are wearing, some because of the way that they are breaking with tradition. tell us about this. reporter: ali, we know this. let me start with who won t be attending, the name we ve heard so far is congressman maxine waters. according to sources who are familiar with this house democratic caucus meeting this morning she stood up and said hey and i m paraphrasing i m not going to be here and urged other members not to attend if they felt they couldn t contain themselves when they watched the president speaking. about a half other democrats said it s important to attend to listen to be respectful, fight the fight after but at least go and listen to what the president has to say. that is what congressman elliot engel says he ll listen. what won t he do, ali? we found out in the last hour or two the congressman will not for the if, time in nearly 30 years stand on the aisle and shake the president s hand as he walks by. you might remember from past joint addresses to congress, whether they be state of the union addresses or addresses like this time of year, there s been a little bit of jockeying position who can shake the president s hand and have that moment as the president was walking into the chamber. congressman engel is not going to try for it this year because he has so many concerns about the trump presidency and administration so far. peter, let me ask you something about this discussion of thinning down the state department, and what some people are criticizing as eliminating some of the u.s. s soft power. i want to read to you what 121 retired generals said about president trump s plan to slash the state department s budget. elevating and strengthening diplomacy and development alongside defense are critical to keeping america safe. this was signed by people like david petraeus, anthony zinny, james stavrides and echoed by a number of people on our air today saying soft power is much more important than this president seems to think it is. that s right. lot of times people come into office we re going to cut foreign aid and spend it at home, america first. what they don t understand when they say that is the foreign aid is a tiny, tiny percentage of our budget. polls have shown that americans think it s something like 20%, 25% but it s really like a percent and a lot of that goes to our friends like israel, egypt, and others that we would find important recipients for a lot of reasons that you just mentioned. so that s why bob gates, who was the defense secretary under george w. bush and stayed under barack obama he made one of his primary missions when he was at the pentagon to bolster the state department because he felt that was anmportant complement to the kind of military power that he exercised that without it, the pentagon would be in worse shape so you do hear this from a lot of people on the military side of the equation, not just the diplomats. kasie, hallie, peter, stand by. i want to bring in my other guests here, harold ford jr., former congressman and msnbc political analyst, michael waldman, president of the brandon center for justice. gentlemen, i want to play what you lindsey graham said about president trump s budget proposals. let s just play that. it s dead on arrival. it s not going to happen. it would be a disaster, if you take soft power off the table then you re never going to win the war. what s most disturbing about the cut in the state department s budget, it shows a lack of understanding what it takes to win the war. now, congressman ford, it is you get in-party fighting. in the republican fighting it s unusual with john mccain and lindsey graham when it comes to military matters. when lindsey graham says this is off the table, pulling soft power off the table and john mccain said yesterday the amount of money he s putting into the defense is not enough. this is a problem. there s no doubt. i think you said it best in the outset your introductory remarks, probably more interesting than to see how many democrats don t attend or don t stand to see how paul ryan and i would argue mitch mcconnell and lindsey graham and john mccain how they perceive and receive the speech. trump thinks he can make the economic message about growth. we ll spend some and grow the deficit. you re going to see if the freedom caucus stands up to trump. you get a sense trump will say we rg to spend until we grow this economy and put people back to work. he won t be able to get around john mccain on the issues. stavrides and pea tray was were considered for two high jobs in the administration. for them to make that point it is clear there s an alliance growing within the republican party and within the military intelligencia saying mr. president you can t cut the state department funding and argue that you re increasing the defense spending and make america safer. the two go hand in hand. i ll be as curious about republican reaction as anything else. it s a shift. i don t know how you describe it, michael, the shift that says all right, there are a lot of people you can agree or disagree whether you want more military. experienced people say they do need to upgrade the military and a lot who don t but the concept of reducing our soft power and our influence which we have seen in the president s behavior in the first 40 days but now being backed up by an actual thinning down of the state department and our diplomatic efforts around the world, i don t know if there s a school of thought for that other than isolationism. you re right, the military spending was frozen for so many years in some ways by the sequester. right. putting that aside, this has more of the wreak of the kind of pretend budgeting where you pretend that you can get it all by closing down the washington monument and cutting out of the discretionary spending. we heard somef that in the sequester, federal government chefs earn too much money and these people earn too much money. you can t add up to the amount of money you need. and presidents often will find themselves late in their term almost become a lame duck setting up a budget that, as it is said, dead on arrival. president his first month in office maybe needing a reset. the most unpopular new president since they invented polling, and a budget that seems like if it couldn t go more inkept and more into detail than we ve heard up until now, congress will roll its eyes and do its own thing. that is not a recipe for the kind of i alone with fix it strongman leadership trump wanted people think he was going to offer. if you eliminated discretionary spending for the next ten years you still can t get to. but this is an achilles heel for republicans because we ve had a really bad ten years when it comes to budgeting. we haven t even met the basic rules of budgeting. in the constitution, congress only as you know has one written out responsibility in its appropriation. the 13 appropriations. they ve got to do this. we ve been bad at it, it s become so partisan, can they do something whereby the president and the executive branch puts forward a budget and there s really robust discussion about it, and there s a vote and by october we actually have a budget? so to your point i served there. i don t think there was a time i was in congress, in my ten years that we passed the budget by seember 30 for the beginning of the fiscalear october 1. trump is saying he s going to do it, and he s going to have a big test on his hand, if he s able to convince this congress to run some deficits, if he s able to convince his own omb chief who comes from the freedom caucus this is okay to do. the white house budget director came out at the beginning of the press conference and speak the language of we re getting a budget out there and going to go through the process, going to get passed and we ll get back to the business congress is supposed to do. nevermind naming post offices and things like that. they need a budget. this is like the famous parable of the dog that caught the car and what is it going to do with the car? there s been ten years of republican oppositional taunts like we re going to repeal obamacare on the first day. everybody in the country should understand the president and the congress are controled by one party. i think there was a lot of confusion before because of the star power of somebody like barack obama or whoever is the president. so not only will the republicans in congress have to grapple with these numbers, whatever the tone we hear from the speech tonight, they will own that, too. after the most divisive and dark inaugural address ever and the most angry and self-absorbed presidential press conference ever, what kind of tone will we hear from this president? i m not necessarily betting it will be unifying and forward-looking. i m a bit of a geek about these things but important for people to remember the budget is the writing down of the priorities of that government. it s where they put their money where their mouth is. so they can say anything they want to do, but until it shows up in that document, it doesn t make any sense. and he will have an opportunity look, i hear michael and i hear a lot of my democratic friends. i don t remember a state of the union that was terrible. i remember state of the unions i didn t agree with. sure. he s starting out with a good title, american renewal and he is going to have to navigate tough trends around health care, the main governors opposing his health care plan because they don t want to see medicaid reform are republican governors. i m nervous. i want to see some of the details about how we get these things done. where the unrubber meets the road and legislators and governors and mayors have to legislate at home. donald trump surprises us all sometimes so if he does go down that road of an optimistic speech about revival we ll be all ears. that brings us to microsoft s pulse question. here is what president trump said about health care. nobody knew that health care could be so complicated. actually lots of people say they knew that health care was complicated but we re asking you, many say health care is broken is it too complicated to ific? le us know at us.msnbc.cpulse.m. i grew up in canada so i ll recuse myself from this conversation. the white house denying they re calling for mass deportations of illegal immigrants but some aren t so sure that s actually true. we ll talk to congressman joaquin castro about his recent conversation with the head of immigration and custom enforcement and the white house s immigration plans. and activists across the country getting ready to fight back as republicans vow to crack down on illegal immigration. jacob ras cope in austin, texas w what s happening there. reporter: hundreds marched on the capitol and held a rally and headed inside to talk to their lawmakers. what they are protesting and why, coming up. announcer: get on your feet for the nastiest bull in the state of texas. 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reporter: we ve talked to people from el paso and houston and dallas and the rio grande valley. they ve come in, probably several hundred of them, after a march and a rally, what you re seeing now is them going into the capitol building, they want to talk to lawmakers and also want to chant and make some noise and what they hope, what they are demanding is sb4 doesn t make it through the house and into the governor s office, where he would sign it into law. the truth is that it may do just that. it passed the senate with flying colors. what it does as you pointed out bans sanctuary cities and will gut the money from the state to local or county or any other governments that refuse to comply. we ll talk with one of the people who came from out of on, roscio from houston. why did you choose to come? i choose to come because i know what it feels like to have a parent be deported back to their home country and it s just not a pretty feeling. reporter: it was a couple of weeks ago your father was deported, and you found out because he called you from mexico. what do you stye those who will say look, the law is the law. if you re here illegally and you commit a crime that s just what happens. what is the argument? well, sometimes back in their home country there s just a lot of vionce going on that it s way too dangerous and you can be risking your life there and coming to the u.s. it s a much safer place and you have a brighter future here and you re safe. reporter: thank you so much forever your time, rocio. lot of them say they want a better process and of course they want sanctuary cities to be okay. back to you. all right, jacob rascon thank you very much. let s stay in texas, joining me is congressman joaquin castro, democrat from texas. good to see you. thank you for being with us. thanks for having me. you met with immigration and customs enforcement i.c.e. and after that meeting you said it was not hard to conclude that president trump has started his mass deportation plan. here s what attorney general jeff sessions said this morning about immigration reform. listen. i believe there s nothing wrong legally morally or intellectually with a lawful system of immigration. it serves the national interest. what s wrong with that? all right, let s take him at his word. what s wrong with a lawful system of immigration? absolutely nothing, and in 2014 i believe the senate passed a comprehensive immigration reform bill and that bill had enough votes in the house of representatives to pass both democrats and republicans at the time, but the speaker refused to put it up for a vote. and what we re seeing from now stem from congress s failure to pass an immigration reform bill that clearly outlines who gets to stay and who has to go. nobody is standing up and saying that somebody who is a murderer or a rapist should be allowed to stay in the country but there are millions and millions more people who are nothing like that, who are peaceful people, many of whom have lived here for decades, who are raising their kids and their families, who have paid their taxes, and most americans and most texans agree those peoplehould have a path to legalization. let me ask you this, congressman. parse this with me. yesterday i was speaking to governor mcauliffe of virginia, who said that he had spoken with homeland secretary kelly, who said to him that no one who hasn t had a mixup with the law who is here illegally should fear being deported. then governor mcauliffe said he relaid that, he asked secretary kelly if he could speak about this and secretary kelly said okay. governor mac awe live relayed that to the president and the president also said he could speak of that and that was likely true. do you believe that, that if you haven t had a brush-up with the law and you are an undocumented immigrant in the united states that you are safe from deportation? that s absolutely untrue. if you look at what s going on, we see that it s untrue and i.c.e. basically said that s not the case. let me tell you why. they specifically said that if they have for example a warrant to pick somebody up at a particular location, an undocumented immigrant, that they have the right and the ability and they will go and ask the other people who are living in that household basically for their citizenship documents to prove whether they have the right to be here or not. those could be kids, those could be other adults who have committed no crimes whatsoever, so what you re telling me points to a bigger problem we ve had with this administration that has not to do with immigration but just about every issue which is on controversial issues you re getting three or four or five different answers from the white house, and the president on these things, and honestly, americans don t know whose word to trust. right, this is the governor of virginia, the secretary of homeland secuty, and the president, and then you talking to the head of i.c.e. that s a lot of different information coming from a whole lot of people who should know. let s get down to the business about having a brush with the law. there was a deportation recently in arizona and the government was saying this is somebody who had been convicted of an offense, the offense was working with a social security number because she was illegal. in the case of many undocumented workers in the united states, there are two things that they do, if they require, if they have to drive and they are not able to get a driver s license, they sometimes drive without a license, and in other cases they work with someone else s social security number. that puts them into the system so if the government does stick to the idea that if you ve had a brush with the law, they will deport you, those people do fall into that basket. that s right. you raise a great point. when we think of deporting people who are criminals, we re thinking of people who have, you know, committed a kidnapping, a murder, a rape, burglary, something that we really consider a fundamental crime. now defined as a crime are also those things that you describe, people who come here who are desperate to support their families, that do come up with the social security numbers, who by the way are paying taxes, but they re also being hired by american businesses for cheap labor, and that s been going on for a long time, so there s incredible hypocrisy in the entire immigration system, but also as part of the listf offenses that i.c.e. listed to us was something as simple as traffic tickets. so not even forging a social security number or other documents, but literally getting a traffic ticket, and so that s why i made the comment that they basically declared open season on all immigrants except for maybe some daca recipients. there was a young boy, 19-year-old boy arrested for having less than two ounces of marijuana and looked like he was going to be deported. apparently that didn t happen but he got into the process. that s right my office intervened, congressman lloyd dogett intervened. this kid had a joint or some possession of marijuana which you know, obviously in most states marijuana possession is still illegal, but the young man is also not a murderer. he s not a rapist. and marijuana is legal in many states so it s not as black and white as it seems. we haur you ve been mulling a run against ted cruz for the senate. you come from a very political family. you are a texas politician. what s your timetable to make that decision? you know, i said that within the next few months, i expect to make that decision, as you can imagine i m trying to balance that with the incredible responsibilities of being on the house intelligence committee, and we literally in the eye of the storm with the russia investigation and so i m hoping to make decisn in the next few months. it s clear to me going around the state and talking to texans from all walks of life that they want a different senator, they want somebody who will serve the people of texas and they re hungry for change. congressman joaquin castro thank you for being with us. thank you. republicans are growing increasingly concerned over plans to repeal and replace obamacare. who is responsible for coming up with an alternative and can they pull it off? before fibromyalgia, i was active. i was energetic. then the chronic, widespread pain drained my energy. my doctor said moving more helps ease fibromyalgia pain. he also prescribed lyrica. fibromyalgia is thought to be the result of overactive nerves. lyrica is believed to calm these nerves. for some, lyrica can significantly relieve fibromyalgia pain and improve function, so i feel better. lyrica may cause serious allergic reactions or suicidal thoughts or actions. tell your doctor right away if you have these, new or worsening depression, or unusual changes in mood or behavior. or swelling, trouble breathing, rash, hives, blisters, muscle pain with fever, tired feeling, or blurry vision. common side effects are dizziness, sleepiness, weight gain and swelling of hands, legs and feet. don t drink alcohol while taking lyrica. 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. with less pain, i can be more active. ask your doctor about lyrica. the president is expected to discuss the repeal and replacement of obamacare in his prime time address tonight. nbc s tom costello joins me now from washington with a preview. tom, good to see you. i don t know if it s a fair question to ask you but what are you expecting to hear from the president about the reform of the affordable care act? i think there are so many unanswered questions right now and so many parties with conflicting ideas about what s going to happen. there appears to be growing consensus among republicans in congress and republican governors that they need to have a replacement plan in effect. they can t just throw out the affordable care act and not have something to take its place. is congress considering replacing obamacare or in the end revising it? today the speaker of the house suggested a popular element of obamacare which requires insurers to cover preexisting conditions that will likely stay. our whole purpose is to improve access to affordable health care coverage, regardless of whether you have a preexisting condition or not. that is what we ran on last year, that s what we re working on this year, and that is our objective. critical piece of information there. so what could stay or what could go from obamacare? we heard about preexisting conditions, if the speaker is to be believed that will likely stay. what about children covered until they re 26 years old? that s a popular portion of obamacare? what about preventative care? the law requires insurers to offer preventative care medicine to everybody, not just obamacare patients. we re talking colonoscopies and blood pressure and cholesterol screening and mental health care, addiction care. what about the individual mandate, very unpopular with republicans that requires everybody to have insurance, therefore paying into a system to provide coverage for everybody. if that goes away, will fewer americans be covered? the problems with the law are very well documented ali. insurers are pulling out of the marketplaces in many states because they re not making enough money to make it viable for them. premiums on average up 20% this year, in some cases like arizona much more, deductibles up. that said, 20 million more people have insurance than before the law was enacted and the percentage of americans without health insurance has dropped from 16% down to 11%. so tom, let s just talk mano e mano. we re business guys, there s math and it s basic. regardless of politics and where you think obamacare should go and whether you like it or not, to have people with preexisting conditions remain on these policies and to have kids remain on their parents policies, you haveo have that individual mandate. no one s come up with different way of doing this yet. prident obama didn t like the idea initially and he had to succumb because the actuaries told him that s the only way you can do it. this is an insurance concept. you re absolutely right and that s not a political discussion. if you keep certain elements everybody seems to like how do you pay for it if you re not requiring people to pay in, how are you going to do this? the republican side has talked about certain types of penalties if you will, that s not the correct phraseology. credits and tax credits, but again, there are other republicans saying that s not republican orthodoxy, just a wolf in sheep s clothing. certain elements of obamacare which were not part of the law eight years ago are prebaked into this conversation. there doesn t appear to be any appetite for losing the law which requires people to, which allows people to have insurance even if they have a preexisting condition, that 26-year coverage for 26 years old and under is popular, there s certain portions of this which now may become simply part of the fabric of the country, much as social security when fdr proposed that, that was unpopular. tom great to talk to you as always. i want to bring in congresswoman barbara lee of california, staunch advocate of the ofordable care act and opposes any efforts to repeal or replace it. congresswoman thank you for beingith us. some said earlier it s like the dog that caught the car. they ve got it now and they are struggling with the very things this my colleague tom costello says they re struggling with. there are parts of obamacare that are remarkably popular. what are you going to do if you re a republican? i would say the majority of the affordable care act is very, very popular. when you look at what people have said throughout the country, at town meetings, it s don t take away my health care, don t make america sick again. i don t know how the republicans are going to get out of this. they can t repeal this. 30 million people will lose health care coverage and we re not going to go there, and so i thank the people of the country for organizing, mobilizing, raising their voices and making sure that the affordable care act is not repealed. let me give you the hits i m getting from this, a sound bite from house speaker ryan s conference or he made some comments this morning about why he thinks they re going to get away with repeal and reform. listen. the democrats admitted very clear with us they don t have any interest in repealing owe pa ma cai obamacare. they want to go down with a sinking ship, they want to go down with a collapsing law. yesterday they said it will collapse under its own weight. surely as a democrat you can see there are some problems around the edges or maybe even closer to the middle with obamacare that some form of reform could be useful. first with regard to tinkering around the edges, fixing what the problems are, correcting some of the problems, fine. but we re talking about allowing a full repeal of the affordable care act. to the republicans don t take away my health care. it s really unfortunate that the president didn t really realize how difficult this is. that s pretty ignorant. my grandchildren knew how difficult it was to put together a health care plan that would cover all americans regardless of their income level, background or where they lived. even in west virginia, black lung disease is covered now, people suffering from that have coverage. people aren t going to let this administration take away their health care and we ll fight to the end. the president and the administration often talk about arizona, they often talk about premiums, having spiked 20% in some areas. how do you address those things, insurers who are leaving certain areas? look, i like to correct people that the increase in insurance rates is slower over the last five years than it was in the previous five years but insurers have left in some areas, so should the democrats come up with their own replacement? the first thing we have to do is make sure that the 30 million people who are covered do not lose their health care. once we do that, if there are fixes that we have to engage in, then okay. but right now we re not going to allow this administration to take away health care from people who desperately need it. this is a matter of life and death. preventative health care, all of the coverages that people receive now, their premiums would go up if in fact the republican ideas are put into place and we re not going to let that happen. so we re going to continue to work with our constituents and to help organize around the country, so people, the republicans excuse me and speaker ryan and the president, so they understand that people do not want to lose their health care coverage. congresswoman, you said your grandchildren would understand it was complicated. i suspect you have unnaturally smart grandchildren. thanks for spending time with me. they are very smart. to that issue of health care let s get a quick check on today s microsoft pulse question. many say health care is broken. is it too complicated to fix? what you re saying so far, 8% say it s too complicated to fix, 92% of you say no, it is fixable. there is time to weigh in at pulse.msnbc.com and as we go to break, breaking news from the meth un methuen, massachusetts, outside of boston a small plane crashed into a building. no word yet on injuries. we ll stay on top of the story and get you more when we come back. i should take a closer look at geico. you know, geico can help you save money on your homeowners insurance too? great! geico can help insure our mountain chalet! how long have we been sawing this log? um, one hundred and fourteen years. man i thought my arm would be a lot more jacked by now. i m not even sure this is real wood. there s no butter in this churn. do my tris look okay? take a closer look at geico. great savings. and a whole lot more. i start at the new carfax.comar. show me minivans with no reported accidents. boom. love it. [struggles] show me the carfax. start your used car search at the all-new carfax.com. agree the country is divided but all say it s time to get back to the basics. i think in order for us to bring the country together generally speaking is we have to start acting as individuals and as human beings. so the way i see the divide is people generally speaking again are far too attached to their political parties. i just try to always point out the things that we can agree on, we love america, you know, there are things that we all would like to see a balanced budget. we d all like to see less spending in government. you know, there are so many things that i found over the half that you just mention year these things and everybody comes together. i think americans now they re anonymous. they re behind that keyboard and nobody s home and they re locked in a room and they can say whatever they want to say, no matter how mean or no matter what it takes away from somebody else. the truth matters not a lot anymore. it s how fancy your website is, or how many listeners or likes when we first came here, we didn t know each other. i didn t know susie was a republican. i didn t ask her. it didn t matter. why does it matter in d.c. so much? uh-huh. uh-huh. why does it matter in rally so much? it doesn t matter. it really don thas right. yeah. it really doesn t. we brought together some strangers, but by the end of the conversation they were shaking happened and exchanging phone numbers. ali? now, if we can multiply that about by 100,000, we might actually work something out in this country. thank you for going there and listening to what people s views are. for us in burlington, north carolina. president trump and the war on terror. what can we expect to hear from the president tonight about his plans to defeat isis? all finished. umm. you wouldn t want your painter to quit part way, i think you missed a spot. so when it comes to pain relievers, why put up with just part of a day? aleve, live whole not part. you want this color over the whole house? there s nothing more than my vacation.me so when i need to book a hotel room, i want someone that makes it easy to find what i want. booking.com gets it. they offer free cancellation, in case i decide to go from kid-friendly to kid-free. now i can start relaxing even before the vacation begins. your vacation is very important. that s why booking.com makes finding the right hotel for the right price easy. visit booking.com now to find out why we re booking.yeah plus 25 vitamins and minerals and 10 grams of protein. and look where life can take you! boost®. be up for it.™ the point pentagon has submitted to the white house a new proposal to ramp up the fight to defeat isis. cal perry joins me now. he knows the area well and has some sense what have the fight is going to look like. here are the countries where isis has a footprint. by foot print i mean some sort of governance. here s the area that we are talking about, the black, that s area controlled by isis. mosul and raqqah. these are going to be the two cities we are going to hear the most about in the coming weeks and months. one more thing, you have got to cut off the supply lines. that s what u.s. special forbess are doing right now. here are the current military assets donald trump has at his disposal. i would highlight one other, aircraft right now the george hmmm w. bush is there, it needs to travelthrough the suez. we aushly keep one in the gulf and one outside the gulf. that was the plan when general mattis was demanding the fifth fleet. they have tested 162 new weapons systems in syria. they are using syrians as the training ground. important to the russians russians, she is two ports. this gives them a port to the mediterranean. that s the only access they have in the mediterranean. yes, and they are doing this by propping up a charles tan. that s an excellent explanation. we ll be right back. stay with us. s can help you take on a new job, or fill a big order or expand your office and take on whatever comes next. find out how american express cards and services can help prepare you for growth at open.com. whether it s connecting one of or bringing wifi to 65,000 fans. express campuses. services businesses count on communication, and communication counts on centurylink. parts a and b and want more coverage, guess what? 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committed to replacing obamacare the same day it is repealed? cnn newsroom starts now. hello again. thank you for joining me. i m fredricka whitfield. we have distressing new video from inside that ft. lauderdale airport. showing when the gunman opens fire in the baggage area. this video is difficult to watch. it is crucial in understanding the context of this shooting. this is a freeze frame, now, of what appears to be security camera footage, obtained by tmz. the man in the blue shirt is believed to be accused gunman, esteban santiago. we will play the video one time throughout this hour. it is silent. and it is security footage. and it is disturbing. pay attention to the left side of your screen, where the man in the blue shirt enters the frame. he is due in court. he is facing serious charges. all of them eligible for the death penalty, fred. boris sanchez. at ft. lauderdale airport. i want to bring in matthew haras and paul shmek. good to see you. your reaction to the video? i think to understand it, we have to two back to november 1st, 2013, when a gunman walked into l.a.x. terminal three, opened fire, proceeded through the checkpoint and got into the sterile area of the airport, which is not a good situation, because there s so much access at that point. law enforcement took some time to get on the scene. what we can see from the video, is baggage claim area is typically a very safe area. people come and go. people in that area, are typically happy. they just got off a safe flight. family and friends are there to welcome them. there are also shuttle buses and things of that nature in this area. it s difficult because of that 2013 incident, law enforcement, from the tsa, and public reports, was really putting pressure on law enforcement to put their resources at the checkpoint. and i think it s a perfect example where a vulnerability was identified that police can t be everywhere. matthew, how do you evaluate what we ve seen. we deal with the reality of the condition. he shows a disregard. there s no regard for humanity. clearly, mental health. but nonetheless, cold and calculating. but it s confusing, too, because we don t see what precedes the imagery we saw. just the first couple of frames blending in. just seem leg to be like everybody else. paul, what do you see in terms of the vulnerabilities, that may be magnified as a result of this? the tsa has 20 layers of aviation security. it s from canines to protection. there s two layers that come to mind when i review that cctv or surveillance footage. he was on a death march, really. and what we have to look at, there s two layers that come to mind when i think about this. there s the intelligence layer, what did we know before he came to the airport? and the no-fly list, much more in depth where you would prevent him from flying. intelligence has a ceiling on what they can do in terms of stopping individuals like that from flying. and i m sure as the days roll out, we ll hear more about what was known before he embarked on an airport. earlier, i spoke with the broward county sheriff, this is how he sees precautions to be tragedy often times to promulgate change. hopefully we see hard-core change here. something to change. thank you, gentlemen. appreciate it. we re also learning more about esteban santiago s past. assault charges involving a girlfriend, hearing voices in his head. and asking for help. dan simon traveled to santiagoss town in anchorage to learn more about his past. reporter: his troubles began after serving time in iraq, relatives say. esteban santiago spent ten months in the war-torn country. his brother said the changes in him were apparent. translator: they had him hospitalized for four days. and then, they let him go. how are you going to let someone leave a psychological center after four days when he s saying he s hearing voices. that the cia is telling him to to shoot someone. reporter: despite the interaction with santiago, he was not placed on a no-fly list. there had been concerns raised why he was not placed on a no-fly list. i want to be clear, during our initial investigation, we found no ties to terrorism. he broke no laws when he came into our office, making disjointed comments about mind control. reporter: why would someone who is disturbed get his gun back? the u.s. attorney in alaska says there s no legal basis to prevent him from having it. a judge would have needed to declare him mentally defective to deny him his second amendment rights. we re learning new details about the victims in the ft. lauderdale airport. most were on vacation. michael oehme of council bluffs, iowa, was about to go on a cruise with his wife. e was killed when the shots rang out in the area. his wife was shot in the shoulder and is expected to recover. he leaves behind one adulter. olga woltering, was also about to go on the cruise with her husband, ralph. according to wxia. the couple is from marietta, georgia, and had planned the trip to celebrate her husband s 90th birthday. he was not injured in the shooting. the wolterings were married for 64 years. and terry andres was a shipyard employ, in ft. lauderdale on vacation with his wife. the couple was celebrating andres upcoming 63rd birthday, a friend tells cnn. an trace and his wife had been married for 40 years. he leaves behind two daughters. three other people injured in the shooting are in critical condition. we ll be right back. this is your daughter. and she just got this. ooh boy. but, you ve got hum. so you can set this. and if she drives like this, you can tell her to drive more like this. because you ll get this. you can even set boundaries for so if she should be here, but instead goes here, here, or here. you ll know. so don t worry, mom. because you put this, in here. hum by verizon. the technology designed to make your car smarter, safer and more connected. put some smarts in your car. sign up for free today. isjust wanna see ifa again? my score changed. you wanna check yours? scores don t change that much. i haven t changed. oh, really? it s girls night they said business casual. i love summer weddings! oh no. yeah, maybe it is time. maybe i should check my credit score. try credit karma. it s free. oh woah. that s different. check out credit karma today. credit karma. give yourself some credit. in jerusalem, a horrific scene when a truck rams through israeli soldiers standing together after getting off of a bus. three cadets s s a and one offi was killed. the attacker may have been an isis sympathizer. the attack was caught on video. and a word of caution. the video is disturbing. the driver, not only plowing into the group of soldiers, he turned his truck around and then appeared to drive over some of the victims. israeli officials say it was over when the driver was killed. orrin lieberman is in jerusalem. how can you tell us about how the authorities are assessing this? reporter: this goes on to who knew this was taking place? in addition to i should say, police have made nine arrests, as part of the investigation. five are family members of the attacker, as you said, was shot and killed at the scene. i ll walk you back through what happened. about 1:30 p.m. local time. right along the walkway a particular walkway, not only for security forces and soldiers, but for pedestrians and tourists because it as a beautiful view of old city of jerusalem. a number of soldiers had gotten off of the bus as a tour, and that s when the attack happened. the truck driver drove straight for a group of soldiers getting off of the bus. and then, it seems he reverses his truck and drives back over some of the soldiers there. the horrible outcome is that four were killed. three women and one man. and a number of others were injured, all in their 20s. benjamin netanyahu who visited the scene and said, what they know fromty a tacker, us was from a nearby neighborhood, that the attacker was a supporter of isis. we hear from the police spokes pen pern saying there was no isis cells in jerusalem. but it points to a lone wolf attack. and that is what security forces are trying to pinpoint and figure out how to prevent from now on. how do you stop this attack from happening again? it s a struggle for forces here and in yurm, in particular. that s the focus as they try to figure out, was there advance notice? could they have prevented this one to better prevent the next one? are authorities revealing anything more about why they believe he was a supporter of isis? what s the impetus for that statement? reporter: little information about that. it was a statement from netanyahu when he said he was a supporter of isis. it surprised us because you don t hear about isis in israel, jerusalem or the west bank. as police pointed out, isis doesn t have a foothold here. it s not something you hear about. israel has quietly cracked down on isis supporters. people spreading propaganda or trying to fight for isis in syria. but it s not a major terrorist organization here. they don t have a foothold. and it s not something you hear about very often. and that s why we need to keep in mind the police spokesperson, when he said this is not new rye sis terrorist cell. there are none of those. and it s critical as they try to prevent the next from happening. turning a truck into a weapon is something we saw in berlin and niece, as well. devastating effect in all three incidents. coming up, the gop vows to repeal obamacare. president barack obama says if they have a better alternative, he would support it. can republicans come up with a cheaper and more effective plan? cheaper and more effective plan? we ll discuss, next. i discovered a woman my family tree, named marianne gaspard. i became curious where in africa she was from. so i took the ancestry dna test to find out more about my african roots. ancestry really helped me fill in a lot of details. parenthood. president obama says if republicans have a better plan, he s for repealing and replacing it. it is true, theoretically, all of the progress can be undone and suddenly 20 million people are or more tonight have health insurance. but as i think republicans now are recognizing, that may not be what the american people, including everyone trump voters, are looking for. and my hope is that the president-elect, members of congress from both parties, look at where have we objectively made progress, where things are working better? don t undo things just because i did them. joining me now is tammy lubey. would it be able to take advantage of obamacare and take care of costs with a repeal? it will be difficult. health care is expensive for everyone. obamacare has provisions that are intertwined, aimed at reducing the costs of health care in general. but republicans want to change the plans and give tax credits. but it remains to be seen how generous they make the new plan. the approach of repeal first, replace later, could bleed the health care system that all of us depend on. quoting him. what would happen to the economy if republicans do repeal obamacare without a plan to replace it? obamacare sends money to insurers and states. and this trickles down to hospitals and other providers. that trickles down to hospital workers and vendors and other people. there was a recent study that said, if key provisions of obamacare were repealed, 3 million could lose jobs. state and local governments can lose billions in taxes. health care is an important engine in our country. what you re underscoring, it s not just the people on the plan. but a lot of people who would who are either directly or indirectly involved in the plan? yeah. a lot of people think that obama care is only for people on the exchanges or people who are getting coverage through medicate expansion. a lot of people don t realize it has many tentacles. it made some revisions to medicare. used to have the doughnut hole, where seniors had to pay for prescriptions. seniors will pay less for prescriptions. now, everyone can get prescription everyone can get contraceptives for free and mammograms on the employer plan. people on the job have benefits, if they have cancer or hit by a car, insurance is not going to set a limit as much it will pay for the care. it s quite wide ranging. tami, thank you very much. next, a top aide for donald trump speaks out about russia s hacking of the u.s. election and its impact on the vote. plus, the red carpet is rolled out and ready for the golden globe awards. a live report from hollywood coming up. your insurance company [vo] quickbooks introduces he teaches lessons to stanley. and that s kind of it right now. but rodney knew just what to do.he got quickbooks. it organizes all his accounts, so he knows where he stands in an instant. ahhh.that s a profit. which gave him the idea to spend a little cash on some brilliant marketing! ha, clever. wow, look at all these new students! way to grow, rodney! know where you stand instantly. visit quickbooks.com. election. she spoke to jake tapper this morning and would not criticize vladimir putin. even after president-elect trump received a briefing from top intelligence officials, outlining the case for russian hacking. as he been persuaded that they carried out cyber campaign against hillary clinton and what is he prepared to do about it? he makes clear that russia, china and others, have attempted to attack businesses and organizations and others over time. he mentions the democratic national committee. that s why we re having this conversation. i don t want any of your viewers to be misled thinking that the kremlin and the republican party that they had the kremlin was dealing with any of the hackers and bringing that information back to moscow and somehow that anybody who allegedly attempted to influence our elections actually did. if you read the full report, they make very clear. mr. clapper in his testimony made clear on thursday, under oath, that any attempt, any aspiration to influence our elections failed. they were not successful in doing that. it is a very important point. we are talking about this because we had embarrassing leaks from the dnc e-mails. there were no fireworks because there was no firewall. rnc, there was an attempted hack on the rnc. but they had the sufficient firewalls in place. cnn s own reporting showed that the fbi asked the dnc to have access to its information, to its server and to the information. and the dnc refused to turn that over, according to cnn s report. this highlights the fractious relationship between russia and the u.s. president-elect trump vows to change that. jill dougherty explains what that could mean. reporter: donald trump has been tweeting about improving the relationship between the united states and russia. and together, solving a lot of the big challenges, the big problems that the world encounters. that, of course, is music to vladimir putin s ears because he has been saying all along, he wants the u.s. and russia to work together on things like fighting terrorism. but when you get down to the specifics, that s where the rubber hits the road. and it becomes more difficult. after all, previous u.s. presidents had said much the same thing. here s one example. the iranian nuclear deal. the united states and russia helped to negotiate that agreement. and both countries support it. but donald trump does not. does that put him in opposition to vladimir putin? it would appear that it does. unless he changes his mind. these are some of the details that make that relationship much more complicated. essentially, vladimir putin has defined what he believes are the interests of russia. and donald trump will have to do the same. what he believes are the priorities and the best interest for the united states. the question will be, will those interests align? jill dougherty, moscow. thanks so much, jill. confirmation hearings for president-elect trump s cabinet pick, that begins this week. and also this week, trump holds his long-awaited press conference. we ll discuss, next. so i went onto ancestry, soon learned that one of our ancestors was eastern european. this is my ancestor who i didn t know about. i m phil mickelson, pro golfer. my psoriatic arthritis caused joint pain. just like my moderate to severe rheumatoid arthritis. and i was worried about joint damage. my doctor said joint pain from ra. can be a sign of existing joint damage. that could only get worse. he prescribed enbrel to help relieve pain and help stop further damage. enbrel may lower your ability to fight infections. serious, sometimes fatal, events including infections, tuberculosis, lymphoma, other cancers, nervous system and blood disorders, and allergic reactions have occurred. tell your doctor if you ve been someplace where fungal infections are common or if you re prone to infections, have cuts or sores, have had hepatitis b, have been treated for. heart failure, or if you have persistent. fever, bruising, bleeding, or paleness. don t start enbrel if you have an infection like the flu. joint pain and damage. can go side by side. ask how enbrel can help relieve joint pain and help stop joint damage. enbrel, the number one rheumatologist-prescribed biologic. youthat s why you drink ensure. sidelined. with 9 grams of protein and 26 vitamins and minerals. for the strength and energy to get back to doing. .what you love. ensure. always be you. all right. a red flag being raised about the schedule of the confirmation hearings of president-elect donald trump s cabinet picks. those hearings are set to start this week. but the independent office of government ethics said several nominees have not been properly vetted. that s causing concerns among top democrats who say the rush to confirm is, quote, unprecedented. joining me to discuss this and other aspects of the trump transition, is cnn contributor, sale sale salena zito. also with me, errol lewis, ooh commentator for spectrum news. good to see you, as well. salena, you first. chuck schumer has accused the transition team to colluding through these hearings. is there any evidence to back that up? not that i know of. in 2009, when president obama took office, i believe i think i m correct on this, on the same day he was sworn in, the day of his inauguration, seven of his cabinet members were sworn in. mcconnell and everyone else didn t like that. there was some moving around. the process is swift and you know, went pretty well. president-elect trump has, i believe, eight that are up for confirmation process. part of the challenge with trump s picks are that they are outside of the washington, you know, sort of set. right? so, they re outsiders. they have more complicated finances. and you know, they have more complicated entanglements, financial entanglements. but i suspect at the end of the day, this is all of these nominees are probably going to go through. mainly because they have the votes. potentially nominees have potential conflicts. that s why some on the hill have concerns. we understand that, you know, there are some nominees who are in question in terms of whether all of the paperwork has been filed. there s conflicting reports about this, by the way. john kelly, for dhs, betsy roth for the information of the ethics office to move forward on the confirmation hearings? it s a process. it s not just filling out a piece of paper and disclosing it to the senate. the idea is to have a process where people learn things about their own finances, their own conflicts of interest that they might not have known before. famously, there are nominees that discovered they had a quote/unquote nanny problem. and it was only through the vetting process they realized that somebody they had been paying to work in their home had supplied them with a fake social security number. that s what happened to bernie carrick when he was nominated for homeland security. you have a process that s supposed to, according to mitch mcconnell himself, by the way, in the past. he said, you should not schedule the hearing until the information has been given to the office of government ethics, has been delivered to the senate and that the senators have had a chance to look through it. that s what the process is supposed to be about. not simply, you know, voting for them just because it s inauguration day. if that s true, according to the senate democratic source that some of the people have not filed the proper paperwork, then, salena, you know, how unusual would it be if the democrats were to do this or there were some movement to say, let s delay some of the hearings or confirmation for some of the candidates until after inauguration? right. well, you know, the republicans hair would catch on fire if that would happen. and it was a democratic cabinet nominee. the ethics office is saying one thing. the transition team is saying another the we ll find out on inauguration day. i do know they are really preparing a lot of these cabinet nominees for some intense, you know, grueling questions, on the hill. these are people that have never, ever had their lives peeled back in the way that they do in these senate confirmation hearings. i know they are getting prepared. but you know, we are dealing with a different kind of cabinet. and it s going to be, probably, a different kind of process. meantime, errol, there s been many delays. there was a mid-december late. and the latest date is wednesday. and it happens to be the second day of the confirmation hearings. will there be a conflict here? we ll see. you know, we re talking about five months now. this is almost clintonesque if you go back to the last real press conference. i hope it would be a true press conference or not a gaggle or swift questions followed by departure. we have to hope it is not intended as a distraction, a bait and switch, where something is thrown out to grab headlines, while the real action is on capitol hill, where the cabinet nominees are being questioned. the transition team, you know, to their credit, they ve acknowledged they re doing more work faster than they planned to because they didn t think they were going to win on november 8th. now that they are sort of the team that has to kind of put together a government, they have a backlog of questions. and every day they refuse to answer questions or to hold a press conference, i think the backlog got bigger and bigger. i hope that the reporters get a chance to throw out questions during this press conference. do a good and efficient job of getting to the heart of many, many of the conflict of interest questions and others that have been brewing for five months. and questions about conflicts within his own family. having family members working for him with the business dealings, et cetera. and then, the tax returns. donald trump promising that after elected he would reveal those. so, i m sure he will be pepper ld with a lot of questions along those lines from reporters. salena, errol, thank you very much. coming up, one of trump s national security picks facing questions over plagiarism. kay file broke this story. we have details, next. family road trip! fun! check engine. not fun! but, you ve got hum. that s like driving with this guy. all you do is press this, and in plain english, coolant , you ll know what s wrong. if you do need a mechanic, just press this. thank you for calling hum. and if you really need help, help can find you, automatically, 24/7. because you put this, in here. hum by verizon. the technology designed to make your car smarter, safer and more connected. put some smarts in your car. so we know how to cover almost alanything.ything, even mer-mutts. (1940s aqua music) (burke) and we covered it, february third, twenty-sixteen. . . seen a thing or two. we are farmers. bum-pa-dum, bum-bum-bum-bum president-elect s cab me picks, monica crowley has been picked for the detector of national communications. in her book what the bleep just happened found dozens of examples of plagiarism. that is almost identical senior editor of cnn s k-file andrew kaczynski. how many of incidents are we talking about of plagiarism? this is 60 incidents of plagiarism. it includes wikipedia, a lot of times we saw monica crowley taking, basically wholesale this work of other columnists, changes words, changing the tenses from have to has. and even throwing on some of the same conclusions of these people in their columns just in slightly different words. how did you find this when her publishers did not? a lot of the cases that she said existed in the stimulus were very obviously copied. something interesting we found was this big listing of things that were very outrageous that existed in the stimulus package were not listed in the stimulus package at all. when we went look for where these came from, a podiatrist, of all people dating back to 2004. basically the first example about tattoo removal was an example of the stimulus and the other 20 were from this podiatrist s website. so some. so some of the inaccuracies were red flags, have you heard from the trump team about this? the trump transition standing by crowley, they have basically said our article is a politically motivated attack. they actually cited this body of work as part of the reason for why she was hired saying, you know, this was her manifesto for taking back america. the publisher has oddly not issued any statement or responded to any of our e mail ors phone calls requesting comment and crowley herself has not responded either. and then we have several instances of plagiarism, including melania trump s convention speech. basically we have melania, e were a lot of people that have written a lot of words, for all we know, there could be a lot of examples like reporters and people like us are going to be looking into. andrew kaczynski, thank you very much. for more on andrew s article about crowley s credibility you ll find on cnn.com. we re back in a moment. with lubriderm. absorbs in seconds. moisturizes for hours. lubriderm. every body care. a nutritious formula with no artificial flavors. made specifically for indoor cats. purina cat chow. nutrition to build better lives. why are you checking i want to see if it changed. credit scores don t change that much do they? 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reporter: every now and then you got to clean up for tv, right? so it is great out here, fred, thank you, because it rained yesterday here in los angeles, and it s supposed to rain tomorrow, so it s actually quite warm. but right now they re getting, everyone is preparing, people are looking around us, people are taking their pictures, because we can still stand on the red carpet right now until celebrities get here. people are lining up, the fans are in the stands, a lot of people are hoping to see their biggest stars, and i don t know how many of these movies and shows you have seen, this is the biggest party of the awards show because folks get to eat and drink while they are there, watching the show, while the program is going on, and also the golden globes looks to offer the best of television and film, so it looks to see the hollywood foreign press, they are saying are the shows of 2016, that s what makes this one a little bit different than the other ones, a lot are talking about two movies in particular, la la land, and the same story from the drama side is moonlight. it also has a lot of nominations so people waiting to see how they do and how maybe moonlight measures up to manchester by the sea, which a lot of people are talking about those performances as well. a lot of people are getting in place, looking around. hairstyles should be okay. it s all about the hair and yours looks fabulous, i love it. i have seen nothing, so all those movies you have mentioned, i know them by titles, but maybe afterwards. it s been a busy year. it s hard especially when you re working and have kids, it s hard to go. lots of fun, we ll be watching this evening. the next hour of the cnn newsroom, begins right now.