well, if i might to make sure we are not making a mistake senator coops. it is my hope that if you are confirmed and we do make progress on bipartisan criminal justice reform that as attorney general you will carry out whatever legislative decisions might be made by this body. last let me say in my six years here in addition to not working on a number of bipartisan proposals on criminal justice reform you have repeatedly voted against congressional attempts to prohibit torture in the military on text or the interrogation context and to defend enhanced interrogation practices. are you clear now that our statutes prohibit torture and if the president were to rover yid that clear legal authority what actions would you take? on your previous question i would note the federal prison population has already dropped 10 or more percent and will drop another 10,000 this year. what is happening now is reducing the federal population. this law only dealt with the federal prison population. and that represents the most serious offenders, our federal dea and u.s. attorneys are prosecuting more serious cases. with regard to the torture issues, i watched them for some time and have been concerned about what we should do about it. the bill that passed last time was a major step. i thought it was really not the right step. senator graham, i know, has been an opponent of torture steadfastly and supported a lot of different things, opposed it. it basically took what i was teaching the young soldiers at the army reserve unit as a lecturer as a teacher, the army field manual. listening to democratic senator after democratic senator give speeches in praise of the rule of law. i am heartened by that i am encouraged by that. because for eight years it s been absent. for eight years, we ve seen a department of justice consistently disregarding the rule of law. when eric holer s department of justice allowed illegal gun transactions, illegally sold guns to mexican gun traffickers as part of fast and furious, guns that were later used to murder border patrol agent brian terry, the democratic member of this committee were silent. when eric holder was found in contempt of congress for refusing to cooperate with congress s investigation into fast and furious, once again the democratic members this committee were silent. when the irs illegally targeted united states citizens for exercising the first amendment views for exercising their roles in the political process, democratic members of this committee were silent. when the department of justice refused to fairly investigate the irs targeting citizens and indeed assign the investigation to a liberal partisan democratic who had given over $6,000 to president obama and democrats, democrats on this committee were silent. when numerous members of this committee called on the attorney general to appoint a special prosecutor to ensure that justice was done on the irs case democrats on this committee were silent. when the justice department began using operation choke point to target law-abiding citizens that they disagreed with politically. you are a racist! you are ties in the kkk. you are [ inaudible ] black lives matter, black lives matter, black lives matter! guantanamo terrorists without the notification of congress, the democrats on this committee were silent. that pattern has been dismaying for eight years but i take today as a moment of celebration. if once again this committee has a bipartisan commitment to rule of law, to following the law, that is a wonderful thing and it is consistent with the tradition of this committee, going back centuries. now if we were to play a game of tit for tat, if what was good for the goose were good for the gander then a republican attorney general should be equally partisan, should disregard the law, should advance political preferences favored by the republican party. senator sessions do you believe that would be appropriate for an torney general to do? no, i do no i believe you and i think we do have to be aware that when something like this is done and some of the things i m familiar with enough to agree with you that i thought were improper, i do believe it has a corrosive effect on public confidence in the constitutional republic of which we are sworn to uphold. i think you are exactly right. you and i are both alumni of the department of justice, and it has a long bipartisan tradition of staying outside of partisan politics, of simply and fairly enforcing the law. i will say right now if i believed that you would implement policies, even policies i agreed with, contrary to law. i would vote against your confirmation. the reason i m so enthusiast enthusiastically supporting your confirmation is i have every degree of confidence you will follow the law faithfully and honestly. and this is the first and most important obligation of the attorney general. now, earlier in this hearing senator franken engaged you in a discussion that i think was intended to try to undermine your character and integrity. and in particular, senator franken suggested that you had somehow misrepresented your record. it is unfortunate to see emembes of this body impugn the integrity of a senator with whom we have served for years. it is particularly unfortunate when that attack is not backed up by the facts. senator franken based his attack primarily on an op ed written by an attorney, gerald hebert. there is an irony in relying on mr. hebert, because as you know, 1996 mr. hebert testified then and attacked you then, making false charges against you. indeed i would note in the 1996 hearing two days later mr. hebert was forced to recant his testimony to say he had given false testimony to this committee and to say, i apologize to any inconvenience to this committee or mr. theation and with non-criminal civil rights cases was to provide support for the civil rights division attorneys. i reviewed signed and cosigned briefs and others filed during my tenure. i provided assistance and guidance to the civil rights attorneys, had an open door policy with them and cooperated with them on these cases. for the cases described in 6, i supervised litigation and sign the pleading. that is consistent with the 1986 testimony that you provided help every step of the way; is that correct? i think, yes. there is no question you have been forthright with this committee and i would note that members of this committee don t have to search far and wide to know who jeff sessions is. we ve known every day sitting at this bench alongside you. i want to shift to a different topic, and it s the topic i opened with which is the politicization of the department of justice. the office of legal counsel has a critical role of providing sound, legal and constitutional advice both to the attorney general and the president. in the last eight years we have seen a highly politicized olc. an olc that has given politically convenient rulings whether on recess appointments, whether on executive amnesty. and early on, perhaps that was started by 2009 attorney general holder overruling olc concerning legislation trying to grant the district of columbia representation in congress. and it may well be that that sent a message to olc that its opinions were to be political and not legal in nature. tell me, senator session what will you do as attorney general to restore professionalism and fidelity of the law to the office of legal counsel. senator, i think any short-term political agenda gapes that come from the abuse of the law making processes and requirements of the department of justice just don t make sense. it will always in the long run be more damaging than the short-term gain that one might have. the office of legal counsel, all of us who have served in the department know, is a bigtime position. you need a mature, smart, experienced person who understands this government, who understands the laws and is principled and consistent in their application of the laws. that will help the president. it will help the congress. it will help the american people. i do believe we need to work hard to have that, and i will do my best to ensure we do have it. one final question. in the last eight years the deputy of justice s slit for general office has also i believe been unfortunately political sized. it and it sustained a unprecedented number of losses before the united states supreme court. indeed, president obama s justice department won less than half of its total cases before the supreme court, which is the lowest presidential win rate since harry truman. the average historically for the last 50 years has been about 70%. snum rouse of those cases were unanimous with indeed both obama supreme court appointees voting against the lawless positions of this justice department including their assertion that the government has the authority to supervise and direct the appointment and the hiring and firing of clergy in the church. what will you do as attorney general to ensure the integrity of the office of slitter general that it is faithful to the law and not advancing extreme political positions like the obama justice department did that have been rejected over and over again by the supreme court? i think the problem there is a desire to achieve a result sometimes that overrides the commitment to the law. in the long run, this country will be stronger if we adhere to the law even though somebody might be frustrated in the short-term of not achieving an agenda. the solicitor general should not advocate to alter the meaning of words to advance an agenda. that is an abuse of office and i would try to seek to have a slit for general who is faithful to the constitution, serves under the constitution, does not feel that its that power to rise above it and make it say what it wants it to say. thank you senator sessions. we ve been watching this hearing now since the morning hours. we want to get a quick accounting of what our correspondents have been able to learn, starting with kelly o donnell who covers capitol hill for us and has been stationed outside the hearing room. kelly, what have you picked up? brian, this is of course the entrance to the kennedy caucus room where this hearing and many others in history have taken place. and i think what is particularly striking today is how you see republicans trying to prepare and protect jeff sessions in terms the criticism coming his way, and democrats who are working to elicit areas where they think there are weaknesses in his testimony or discrepancies in his record or thing they can try to ship a light on because democrats don t have the numbers to block this confirmation but they want to expose forward barring any unforeseen circumstance. you really get a sense today of the mood here. as the first confirmation hearing, one with high stakes, a huge role, and nominee who does have some controversy in his past, the energy here in the russel senate office buildings with protesters, with international media here, and with all the people associated with staging a hearing like this, putting this on, it has been a day where you really get a sense that this is when congress can do its work with the nation paying attention. and these are real issues that are raw nerves for many americans. and they are getting a hearing today. sessions has been put through a lot of practice. we could hear that in some of his responses where he knew that there might be some areas in his record or his past statements that needed to be fixed a bit. and some of the republicans have tried to give him a forum to answer the critic. and we ve seen that unfold today. kelly o donnell on the hill. to pete williams we go next. pete, the folks that haven t watched a hearing, a high-profile hearing like this for long time would be forgiven for forgetting that this is really a team sport. various members of both teams go up, take their turns, make their points, try to score some points. so it would be so unusual indeed for this committee to knock down, to reject a nominee for a cabinet job. correct. and i think what you are seeing here is exactly that a well coordinated evident here among the democrats. all of them seem to be asking about a different facet of jeff sessions either of his time as the u.s. attorney and prosecutor in alabama and his time as a u.s. senator. and they are not repeating each other for the most part although there have been several questions here about for example, what if donald trump insists on trying to reimpose water boarding? would you advise him that that s against the law? sessions has said several times that he would. the question of voting rights has come up repeatedly today as well. senator sessions seemed to go out of his way although only with one sentence, to say that he believes civil rights are very important, specific voter rights. voter id has been a controversial issue, it s one that the justice department has been suing states over what they consider to be restrictive voter id laws. senator sessions said on the surface it did not appear to him that state voter id laws actually suppress the minority vote. so elections have consequences. there are going to be many case ways in which in justice department under donald trump is different than under barack obama. i think today is an effort both to try to tease out his views that will be different but also to try to set some markers here and putting himself on the record on issues like civil rights and the voting rights act. we are starting a busy week. while we ve been talking, up with of two other hearings have been going on. the nation s command structure and intelligence has been appearing over in front of senate intelligence. what has been gained or learned from that hearing? i don t know, brian, because i have been watching this one. but senator sessions was asked today about the intel committee report, which as you know donald trump has shown some skepticism about its conclusion. and what mr. session said today is he has no reason to doubt the intelligence report about russian hacking. and he has seen no evidence to the contrary. nothing to indicate that the report is wrong. in other words, he s not exactly embraced it, but nothing we won t distance himself from night pete williams sharing with our viewers a fundamental truth. while watching one hearing we can t be expected to watch another at the same time. never been done as far as i know. pete, thank you very much. and thanks as always for your honesty. we re going to take a break in our coverage on the other side katie tur is here and standing by in our new york studios to take this hour the rest of the way. turns out that attorney general nominee jeff sessions and chuck schumer have a similar morning routine. do you work out in the gym with senator sessions? what does he do and what do you do. we are on the bikes next to each other oftentimes watching morning joe and making diametrically opposed comments about what s going on. no fights have broken out yet. that s a good thing. ch: this moe to worry about a cracked windshield. so she scheduled at safelite.com and with safelite s exclusive on my way text she knew exactly when i d be there, so she didn t miss a single shot. i replaced her windshield giving her more time for what matters most. tech: how d ya do? player: we won! tech: nice! that s another safelite advantage. mom: thank you so much! (team sing) safelite repair, safelite replace. he is sitting before the senate intelligence committee for a hearing on russian hacking. this is his first time speaking publicly since the presidential election. first to session s nomination hearing which was mark bite repeated protests, the alabama senator sitting before that committee since roughly 9:30 this morning in a hearing that s expected to last two days. here s a quick recap of what we have heard so far. i abhor the klan and what it represents and its hateful etiology. i believe the proper thing for me to do would be to recuse myself from any questions involving those kind of investigations that involve secretary clinton. how do you feel about a foreign entity trying to interfere in our election? i think it s i go can t event. i m not asking if you believe it influenced it just if you belief the report of our intelligence agencies? i have no reason to doubt that and have no evidence that would indicate otherwise. i have no belief and do not support the idea in a muslims as a religious group should be denied admission to the united states. i do believe that if you continually go through a cycle of amnesty that you undermine the respect for the law and encourage more illegal immigration into america. down the hallway at the capitol fbi director james comey being asked what he knew about and when about reports russia hacked america s election. there is no doubt that the russians attacked intruded and took data from some of those systems. joining me now from the hill, casey hunt. and from the pentagon, hans nickels. casey, let s start with you. senator sessions was grilled on civil rights, women s rights, hate crimes, immigration, his ability to say no to donald trump. the muslim ban, torture, russian hacking, freedom of the press. what so far has been the major headline? and is there anything in there that could potentially, if not derail his confirmation, then pose a hurdle? at this point katie i think the short answer is we haven t heard anything that stands out as something that s really going to be a sticking, tripping block for jeff sessions on his road to confirmation. now, that said, before we go through a couple of those other issues one thing that we did see some late focus on was senator al franken s line of questioning. what franken did was essentially press jeff sessions on his history fighting for civil rights. so jeff sessions, the trump transition team have worked very hard to highlight areas of his resume when he served as alabama attorney general and in other roles fighting on behalf of civil rights. essentially trying to push back against this narrative that emerged when sessions was denied that federal judgeship over questions about remarks to colleagues that his colleagues said were racist. so that s been their kind of whole way of looking at this. what franken did was try to poke holes in that, asked sessions did you prosecute 20 or 30 cases about desegregation or was it really just a few? that was the one moment when we saw sessions struggle a little bit to answer questions. you heard senator ted cruz just before we started talking here focusing a little bit on that trying to give sessions some points of defense of course if you will, trying to say that yes he did work on those issues. but other than that, katie, i think a lot of the points that democrats have hit on through these hearings we expected. we expected the focus on the violence against women act. we expected the focus on race. of course some of those issues came up under questioning from republicans. lindsey graham pushing senator sessions on that russian hacking question. that was a potentially risky place for sessions to be. he was questioned whether he does believe the fbi s assessments, other things like that. i think atmospherically the protests very much a central point of this and underscore kind of the public pressure around this nomination. but so far i m not hearing anybody say that this hearing means that sessions is any less likely to be confirmed. what will be the democrats strategy going forward? i know we ve seen a number of protests in the hall trying to disrupt this hearing. but this is just the first of many confirmation hearings we are going to be getting this week. what is going to be the general strategy for the democrats? is this just a situation where they are going to be trying to question each nominee as a proxy to donald trump because they can t question him directly? in some cases, yes, that s true. session is particular because of his background on civil rights and because there are so many activists who are really focused on this nomination. and you saw that in the protests here today. i think you are going to see different strategies for other nominees. you are going to see probably an ideological activist focus around people like tom price for health and human services. i think you will see a focus on russia and hacking with rex tillerson for example. i think each one is going to bring up a new set of questions. i think the nominees that republicans and the transition team are most concerned about and ones where democrats see most tune might be flying under the radar. one i want to highlight is the nominee fortressry secretary. he has to turn over his tax returns. there was a lot of money spent and that he made in a lot of ways that the democrats are going to question. the housing crisis for example. republicans don t think he is going to be as polished as rex tillerson might be tomorrow or as jeff sessions has been today. we have seen a number of protests in that room. interesting to point out that that is the same room as we ve seen the watergate hearings. it s where clarence thomas had his hearings. it s also the very first investigation they ever did in that room was 1912, the investigation into the sinking of the titanic. a little the more you know right there. let s turn to our pentagon correspondent who has been monitoring the other hearing that s going on on capitol hill right now. james comey in front of the senate intelligence committee. this is the first time we ve seen the fbi director since the election. hans, talk to me about what we are hearing so far. he is there to testify about russianacking and he was asked very specifically if the fbi investigated any of president-elect donald trump s ties to russia. what was his answer on that? well, his challenge throughout this entire hearing is not to give too much away in terms of sources and methods. but listen to what he had to say actually about the forensics of what they know. our forensics folks would always prefer to get access to the original device or server that s involved. so it s the best evidence. were you given access to do the forensics on those servers? we were not. we were a highly respected private company eventually got access and shared with us what they saw there. katie the main point, main takeaway from this hearing versus last week this senate select committee on intelligence seem much more partisan. we have seen a number of senators block and tackle for the president-elect essentially make his point that they don t necessarily think the hacking influence was dispositive on the election and we ve seen democrats similarly looking to those panelists, looking to the fbi director, dni director clapper that russia clearly meddled and tried to influence the election. last week you had republicans, john mccain saying it was an act of war. this committee seems more partisan less impartial than the one last week. one final piece of information. we are watching both hearings hear. you just saw senator sessions make the point that he does not think that enhanced interrogation, torture, isly. that is a clear departure from the alberto gonzalez point that you can always have some enhanced interrogation. that s a departure from what donald trump said on the campaign trail, that he believes water boarding is not torture and it is an effective form of interrogation. he since tried to walk that back a little or change his stance on it since he found out that james mattis his nominee for defense secretary didn t necessarily believe it. james, one other point. s in the first time we ve seen james comey since the election. 11 days before the election he came out and revuved, if you will, the investigation into hillary clinton s e-mails. are we expecting to hear him address that in any way? are the democrats going the try to get him on record or have they already for how he whether he believes he might have unduly influenced the election with that release? my kptation katie heading into this was that he was clearly going to be grilled on that i have not heard a question on that. i have pete williams to thank for this it s really hard to watch two hearing at once but i have not heard that. pete williams is a better reporter than me. let me offer that. and you don t need a second source on that. williams, better than nicholls. pete williams is great. hans nicholls, you are proven to be great as well. thank you for joining me. joining me now, cornell williams brooks and cedric richmond. mr. brooks, i want to start with you. senator sessions tried vehemently to say he was not a racist, to push back against this caricature of him that was painted in 1996 when he first went in front of the hearings to try to get a federal judgeship but was unsuccessful in that. has he said or done anything today that makes you feel like he has changed or he is somebody that will be a defender of civil rights in this country, a defender of the causes of the naacp. no. i have not heard anything to suggest that he is fit to lead the department of justice. the fact of the matter is we are not our endeavor is not to nor is our burden to prove that he is a racist. but it is our burden as attested to by the record that he is not fit, nor is he inclined to protect american citizens from racial discrimination. so when you look at the record, going back to 1986 where you had federal officials testifying under oath as to racially offensive remarks when you look at those remarks, that behavior, and the conduct, the legislation, the record from then until now we find nothing that assures american citizens that they will be protected by senator sessions as attorney general of the united states. so when it comes to voter suppression we have courts in the fifth circuit and the fourth circuit that have found voter id laws, voter suppressives and racial dim in aer to. in the state of alabama you have a voter id law. in his home statement he said not a mumbling word about that id law and has in fact suppressed support for voter id laws. we have 21 million americans whose right to the franchise is in peril, threatened by voter id laws. he has not made it clear that that would be a prosecutorial priority. so simply mouthing the words voter rights, as you mouth faith in voter fraud, which is a predicate for voter suppression does not offer us any assurance at all that he can lead the department of justice. so what we ve seen today is some deference to senator sessions for his tenure, his time, his collegiality in the senate as opposed to expressing confidence in his constitutional suitability to lead the department of justice. when we look at his record respect to criminal justice reform he stands for mandatory minimums in a country and at a moment when we have 2.3 million americans behind bars, 1 million fathers behind bars, 65 million plus americans with a criminal record and hundreds and hundreds of thousands of activists in the streets across our country who are standing against this era of mass incarceration. we draw no assurance from his record. when it comes to immigration rights, he stood against any and every form of comprehensive immigration reform in this country in the senate. and so if we are going to give him credit for his collegiality in the senate, we also have to give him accountability for his legislative record in the senate. make no mistake. stay with us mr. brook. congressman richmond i want to bring you in. you are part of the congressional black caucus. they held a news conference over the course of the last few weeks and they have been voicing concerns about the session nominations. you yourself will be testifying against senator sessions on bhaft of the cbc tomorrow. what are you planning to say? and how are you planning to convince your fellow congressmen that maybe senator sessions is not the right choice for e.g.? i think that cornell laid out a very good description of the concerns that we have. the position of attorney general is a very serious position. tur top law enforcement officer in the kuchbl you will enforce civil rights. you will enforce voting rights. and senator session s records on voting rights is suspect at best. at worst, he is a participant in disenfranchising people and voting is the roots to the treef democracy. congressman those are the concerns we have. these are two different jobs. his job as a senator is not necessarily the same as his job as if he gets confirmed as an attorney general. in one case he is trying to shape laws and advocating for laws or voting against laws. in another, he is slated to uphold the laws that already exist. are you not confident that he as a professional, he as a lawyer, as a civil servant, will be able to disassociate himself from his own personal viewpoints? and uphold the laws as they stand on the books? well, if you look at his record from when he was attorney general in alabama or you look at his complete body of work, part of the role of the attorney general of the united states is to make sure that policing and justice is done on a fair basis. he has already expressed his concern and his thoughts that consent decrees were intrusive. and if consent decrees are the department of justice s vehicles to make sure that police departments across the country, new orleans, baltimore and others are under cop sent decrees to make sure that justice is done and justice is applied across the board. let s not talk about all the desegregation cases for education that are still out there. there are 30 education cases under consent decree to make sure that children from every zip code will be treated fairly in terms of quality access to a public education. and the attorney general of the united states has a responsibility to ensure those thing. his record, his words, i think demonstrate that he does not have the desire to do it and he wouldn t do it. in those roles of the department of justice are just as important as any of the other roles. congressman richmond, very quickly because i want to get mr. brooks take on this as well. it looks like he will be confirmed. are you going to be able to work with him going forward? well, part of our duties is oversight. and to make sure that the rules and the guidance of not only the deputy of justice but all of the departments are followed. and to that extent, we will never give up our right of oversight and our congressional responsibility to make sure that the department is running in that matter. but we are pushing for criminal justice reform. and senator sessions was an obstacle to criminal justice reform to the extent that he would see the light and all of the data and come along with criminal justice reform we will work with him. but i believe our role is going to be to make sure that the department of justice upholds its oath and it fights against discrimination based on race, religion, gender, sexual orientation, and all of the other things. and i so far us, we are going to be in oversight mode making sure that the department does what it s supposed to do. mr. brooks, quickly, if you can, where does the naacp go from here? where do we go from here? we double down in terms of our opposition. we have to be very clear about this. this is a perilous moment in american history where this nation is deeply divided by race, where the criminal justice system seems to represent injustice for so many people around the country. and so we are very clear, we have to hold senator sessions accountable for his lack of commitment to using consent decrees where we have police departments in ferguson to baltimore to cleveland where consent decrees are a vehicle through which we hold police departments accountable and we bring communities and police together. we have to take this nomination seriously. and it is not a foregone conclusion that he will be confirmed. make it clear. from 1789 until now, the senate has had the responsibility of not engaging in a political coronation, but in fact engaging in a democratic confirmation process in which they assess the fitness of the attorney general nominee to be attorney general. and we are going to make the case until the last possible moment. we will register our concerns. we will register our discontent in terms of our views and opinions, our perspective under the constitution. not only will we articulate them with our mouths but also with our bodies in terms of civil disobedience. be clear, this process continues as we speak, and the naacp opposes this nomination as we see. we will see. one more dave hearings. thank you gentlemen. next up, new reaction from the trump transition about today s confirmation hearings as the president-elect himself prepares to hold his first news conference since his white house win. that is expected to happen tomorrow. stay with us. president-elect of the united states. it s going to be his first news conference in more than 160 days, since mid-july. and it s happening just nine days before his inauguration. as of now, all signs point to it actually happening, too. joining me now from our washington newsroom, peter alexander. let s talk about this news conference before we get to the news conference let s first talk about how the transition team is reacting to senator session s testimony today. it s very clear that he was well prepared for this. are they feeling like he is well representing not only himself but donald trump s presidency? i think before we do this we need to put something that says spin alert on the bottom of the screen. they are not going to say they think he is getting crushed. they are going to say they are satisfied. i spoke with one of the persons who was hyped the scenes in the process of preparing. they say they couldn t be happier with this. they say his performance has been excel.. they say he has been confounding all the car,tures the left wing group has been trying to sell over the last weeks. they insist that the democrats are struggling. the bottom line is another individual close to the transition told us he is presenting himself as compassionate, as level headed and as a constitutional thinker. they recognize that they are on home field advantage right now. it is a more than likely despite all the protest you have seen there that he will have sufficient support because obviously republicans have majority right how. spin alert indeed let s talk about tomorrow s news conference. he is expected to talk about his business dealings and the ways he is going to go forward by handing it over to his children. what else are we expecting to hear from mr. trump? what sort of topics could be covered? there is a myriad of them, right? i think you are exactly right. this is the first time he has held one of these news conferences in more than 160-something days right now. so reporters, you and i and others have obviously been gathering up our questions. there are a variety of top i. the best opportunity we ve had to sort of pin him down on questions related to the intelligence report and other which come in the short he can changes when he comes down from his tower at trur tower on fifth avenue. the golden escalator. i trust will there will be questions about russia, especially the intelligence. has said russia is not the only perpetrator of these types of crimes. he refers to china and others. and others in his team has said too much focus has been put on russia. obviously questions in other places in that region, syria as well. obamacare going to be a significant conversation pooesz piece as well. also foreign to remind the audience last time he had a news conference during the dnc that s when he encouraged the russia to find hillary clinton s memes. those notable. the new york times is saying he is going to be encouraging republicans to immediately repeal obamacare. he is saying that if it takes weeks it will be too long. but he also wants them to have a plan in place to replace it. that doesn t seem like that is likely to happen. is this just him using his bully pulpit to get them to move quickly more quickly than maybe congress normally does? here s the challenge here. here s in part what he said to the new york times. he said we have to get to business. obamacare has been a catastrophic event. the challenge here is that his position is saying there should be an immediate repeal of obamacare. and then within a matter of two to three weeks perhaps a replacement put in place as the fact there is no replacement available right now. the vote on the process begin as early as this week in terms of repeeping right now. you have some republicans who want to see a repeal but they also want to have an immediate replacement. we are concerned in the repeal happens too soon it could take a couple of years to have a replacement. i ve been interviewing some at the freedom caucus and elsewhere, and they have admitted we don t have a plan. we have a lot of plans, paul ryan among others say they need time to develop the replace men plan. it s going to be difficult. let s continue on this track talking about donald trump s urging of congress to repeal obamacare. joining me now is political analyst robert costa. no one better has a direct line into the donald trump transition and to donald trump himself than you do, robert. now talk to me. how frustrated is he potentially going to be seeing that congress does not work as quickly as maybe he would expect them to? or maybe he is used to in his business dealings? quite frustrated. the u.s. congress here at the capitol is by no means like the trump organization. things move at a glacial pace in congress. it is difficult to get rid of the obamacare because of all the different taxes and to make sure the insurance system doesn t collapse. while they want to get rid of the health care law as soon as possible the process could take not only weeks but months. as you are talking you should mention that senator sessions as you can see on our screen is still being grilled, if you will, on capitol hill. his hearing started at 9:30. it has been quite a long time. it is going to go through tomorrow. talk to me about how the transition is preparing not only senator session but the other nominees, if you will, for four cab for cabinet position. they are doing mock hearings. they are trying to get them prepared for a myriad of questions from democrats, trying to find a way to make them as non-controversial as they possibly can be? that s exactly right, katie. senator sessions because he is a member of the club in congress s a member of the senate, he hasn t had as extensive preparations or concerns. of course he has gotten ready for these hearings but he is seen as someone who in spite of his report, quite conservative by all accounts, from both parties, he will be likely confirmed even as there are some protests from democrats. other nominees on the agenda, such as rex tillerson, the oil executive, former head of exxonmobil they are getting much more training. tillerson has been media savvy during his career. he has a large public profile as a major executive at a global corporation but it s different here at this stage. tomorrow we have donald trump s press conference. we also have news that jared kushner is going to be a senior adviser, that s his daughter ivanka s husband. a ton of news coming out of the trump transition. there will continue to be i suspect in the days to come. stay with user, robert costa joining us from the hill. next, president obama s last address to the nation in just hours before donald trump becomes america s 45th commander in chief. this is humira. this is humira helping to relieve my pain and protect my joints from further damage. this is humira helping me go further. humira works for many adults. it targets and helps to block a specific source of inflammation that contributes to ra symptoms. humira has been clinically studied for over 18 years. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers, including lymphoma, have happened, as have blood, liver and nervous system problems, serious allergic reactions, and new or worsening heart failure. before treatment, get tested for tb. tell your doctor if you ve been to areas where certain fungal infections are common, and if you ve had tb, hepatitis b, are prone to infections, or have flu-like symptoms or sores. don t start humira if you have an infection. ready for a new chapter? talk to your rheumatologist. this is humira at work. confirmations of an attorney general in modern times. because usually you have got a president with long public service experience. you know where he stands on voting rights, civil rights, criminal justice. not donald trump. nor has he ever dealt with an attorney general before. so what you have seen is these senators trying to get sessions essentially to agree to certain precedents serving a president who delights in breaking traditions and precedents so they will have some assurance on what is going to happen. let s talk about president obama. he gives his final address tonight. going back home to chicago essentially trying to recapture a lib of that grant park feeling he had back in 2008 when he accepted the presidency. talk to me about what you expect to hear from him. and where will this rank in terms of presidential farewells? i think what we will hear is some prompting to people like me, historians, what we should think and write about barack obama in the future. we had farewell addresses from truman and eisenhower and reagan. these were all people along the years. barack obama presumably has decades ahead in his career. presumably we ll hear him say this is what i think i have done and this is why it s relevant to the country in the future. we should also note that the hearing with fbi director james comey has now ended. stay here on mbz to watch complete coverage of president obama s final address. also complete coverage of all of the hearing news we re coming out of today. ahead of the president s speech you can watch all of these different shows on mbz and nbc. and lester holt of nbc nightly news with sit down with president obama exclusively. you can watch that conversation friday night on nbc. check your local listings. that does it for this hour of mbz live. kate snow picks thiks up right now. we have a lot to cover this
solidify women where they are which is not in his favor. saying about this recording, this was locker room bander and a private conversation that took place many years ago. bill clinton said far worse to me on the golf course. not even close. i apologize if anyone was offended. that will do it for this hour. next we will pick up continuing coverage of hurricane matthew. welcome to our continuing breaking coverage of hurricane matthew. the sterm up the southeast coast after leaving severe damage across the caribbean. there are two confirmed deaths in florida. winds are at 110 miles per hour. as strong as you get for a category two storm. moving to the north and we will bring you over here and this is a brand-new path. the areas around savannah. if you are in the brunswick area or charleston to georgetown, you are staring at this saying this is going to be a close call. it s not a major hurricane, but even a category two with a wind of 90 to 110 miles per hour. that s what we saw during the day. the storms on the track northward by 2:00 a.m. at the closest point from savannah, georgia. we don t know if they will go through the western eyewall. if it does, you will have significant power outages and problems in the area. we will get the storm surging into the area and that will be bad in the bruniswick area. it will be worse this afternoon into this evening all the way through the coastline of georgia and through there into south carolina. if we had to pick a location with the best chance of getting landfall and maybe right in the area of charleston and the storm goes off the coastline of north carolina and saturday night, the outer banks is mostly okay, but heavy rain. i want to bring you to the other computer. the big issue is the potential for the storm surge. this happened and almost over with, but this is the area of greatest concern from hilton head to savannah down to brunswick. they could be close to ten feet of storm surge that will be life-threatening over six to 12 hours. thank you very much. while there is plenty of good news and not in the clear and for more we turn to reporters on the ground. in jacksonville as well as savannah, go ahead. what are you seeing? hey there and good afternoon. steady rain all afternoon and pounding the area in the downtown area. we have seen storm surge only about two or three feet. more serious to the east at jacksonville beach. as we have been seeing over the last few hours, a lot of storm surge and pounding the coastline over there as well as the saint august seen area. tens of thousands of people without power and the mayor of jacksonville had evacuated nearly half a million people in this city. thankfully they said since the storm tracked east, they tamped down expectations and were able to say they were expecting less wind and said they went as planned. we have been seeing steady rain and trees we see toppled at the debris. people are told to hunker down for the next few hours. the story today in the area from jacksonville beach is storm surge. we are seeing the heavy rain pounding the city. unlike anything the city has seen in a while. thank you. in georgia, go ahead. i can you that the rain just is increasing in intensity. just as you heard from florida, we have similar conditions here. steady rain and it comes in these bands and sideways. it s heavy at times and then it abates and it s heavy gain. this is the savannah river and part of what people worry about. when the storm is at high tigde all of this water will surge up and get the high tide and heavy rain and that makes for a perfect storm that will flood into the downtown area of savannah. he has always told the first responders to leave the area. they told people if they find themselves shelter and call 911, evacuations with the wind speeds and the storm surge. and some folks decided not to listen to the evacuation order and that s behind this now. my biggest sees that we can t be clear appears to be leading out. we need to get in and make sure people are getting out. it s the most important thing and we can rebuild damage in homes as painful as that will be, but lives are number one. what day of the week do you think it will bring back normalcy to your community? i know residents that evacuated will be anxious to get back in. with public safety being the pop concern, we will pursue tomorrow with the safety issues and get people back in their home. huge part of who we are. we want to make sure visitors are comfortable and we have a lot of work ahead of us and our primary concern is the safety of the people who are here and making sure it s safe for people to have a return. we have turned off the water system and we have a lot of work to do and understanding that will have a lot better idea. what are people drinking in the water is off? and people know what the checklist is. bottled water was flying out of the stores and if they have gas and they can boil water and if they chose to stay, they can do that. we will be there to help. and finish your thought and time for you. thanks for spending time with us. we will continue to have updates on the progress throughout this hour a& politic and if you the potential bombshell that dropped on donald trump s head. it is related to him and something he said in his own words. you want to hear it for yourself. a battle ground map with both preparing for the debate. all eyes on that sunday debate. donald trump said it s his last chance to hold on to very skeptical republicans in washington. that story is straight ahead. i m terrible at golf. he is. but i d like to keep being terrible at golf for as long as i can. new patented ensure enlive has hmb plus 20 grams of protein to help rebuild muscle. for the strength and energy to do what you love. new ensure enlive. direction. two shy of 270. if you fill in the states that are likely orleaning in the red, that brings trump to about 190 that means he would have to sweep every other toss upstate to win. that s not a hospitable environment for the path. if he lost any of the state, clinton wins. there is no room for error for team trump as he takes the debate stage. that looks like it got a lot more perilous after the bombshell audio on trump. we will show you and play it for you straight ahead. blan bill clinton has said far worse to me on the golf course. not even close. i apologize if anyone was offended. this is horrific. wie cannot allow this man to become president. i will bring in our panel with former white house director. vice president from the new york times. sarah, your thoughts. i don t know what to say beyond who knew furniture shopping was such a romantic gesture. there is no defending it. it is horrific. daniela. she is right. it s horrific and you department even play which is i think is the worst part. he talks about assaulting people which is okay because he s famous. wbr-id= wbr13124 /> it is not surprising given everything we know about donald trump. we will repeat the warnings the other things he said about women and other people. is this a person you want to sit in the oval office and be a role model forever your children and your family? it boggles my mind that people are undecided about this. i will ask you as part of the journalistic and political questions, does this do the things we just said by it criticized by a republican and analyst, do they reveal something else? about women or anyone else. it s just a total breech of the usual wbr-id= wbr14233 /> encasement of politics. even with donald trump we haven t earned anything like this in the rally or speech. would you want this guy in a room with your daughter or sending someone into the white house to work for president? i want to ask you. this is accurate that we haven t seen this audio about a candidate, but there are trump supporters and historians argue that there are other presidents, nixon and lbj come to mind who had recording devices in the white house who had very objectionable things on tape said about different groups of people and about women and about jews and about african-americans. sure. a range of horrors. i don t know how much politically that would help donald trump because lbj said a democrat said terrible things. i don t know who is defending that. what would you say to the argument and statement i said earlier? he said look, you take anyone s private locker room bander, you can find something objectionable. that may be true, but it doesn t make the fact that he said these things okay. of course timing is everything in politics. you are approaching the next debate. this is something a voter is going to ask him about and you have to address it on sunday night. the timing of this could not be worse for donald trump. the bigger issue here is donald trump said many things in the campaign that offended people. in that regard this is not new and i don t know that there is a wide group of voters that ultimately changes their views because of it. they suggested that. i do think that the challenge for that group of undecided voters and those people that he needs to move the hillary supporters and he needs to move off of her candidacy on to his, this becomes more of a window into the soul than any one offensive comment. i think it is just another problematic thing and he is now on defense again one more day that he needs to be talking about hillary clinton s e-mail problems or the clinton foundation challenges and where the world stands from a foreign policy perspective and her role in this. we are talking about something that is not befitting of a presidential campaign. or of anything. he has to change minds. he can t become president if he doesn t change minds. it is impossible that this will push him in the direction of winning more votes and not less. that s exactly right. his challenge may not move supporters off of him. i m sure it won t, but he doesn t have enough supporters to win the presidency. he needs to do everything he can to move independents and people who are not decided to him. these comments are not going to help and i m very curious to see how this will come into play during the debate on sunday. you mentioned that conservative reaction and potential supporters. a long time critic of trump with him over the red state conference and their dealings has a direct appeal with insighting the remarks that he never felt he asked for forgiveness on anything. he claims he never needed to ask for giveness for knowingly trying to sleep with a married woman. that s a part of this that can you get lost amid the objectionable language and the story line here. that s him seeming to brag or take a positive association from the story which is that he was pursuing this woman he viewed to be married. how would you approach that? evangelical camp is split. with folks like eric erickson who has been strong for most of the campaign. not all of it, but he is strong against trump because of the way he conducted himself. there are others that tell all of this believing that hillary clinton is so bad for america that even an imperfect donald trump means the potential for a supreme court and the conservative philosophy and they are willing to take that risk. both sides are dug in. it s going to be interesting to see if some of the evangelicals come off that. i don t think they will. what donald trump needed to do and needs to do after this assuming it s true is to come out and more forcefully apologize and say look, this is unbecoming of a president. you cannot talk about people like this. i think that would help him with a lot of people who understand that everyone has things in their past they are not proud of and things they said they are not proud of. he is basically apologizing for this, although i think it needs to be stronger. it may dove tail with what daniela is saying about the way that the culture deals with language about women and hostility towards women for being women. when barack obama was in jeremiah wright s church, days of demands and hoe had to give an entire speech about it. here you have a brief apology from donald trump and are these comments that merit a deeper reckoning from a candidate? thank you all for being with me. we will talk about the shut down and pitfalls for both candidates and as we have had the latest coverage from the ground in florida and georgia tracking matthew. stay with us. looking sharp, len. who s the lucky lady? i m going to the bank, to discuss a mortgage. ugh, see, you need a loan, you put on a suit, you go crawling to the bank. this is how i dress to get a mortgage. i just go to lenngtree. i calculate how much he i can afford. i get multiple offers to compare side by side. and the best part is. the nks come crawling to me. everything you need to get a better mortgage. clothing optional. lendingtre when banksompete, you win. ok! .awkward i ve got a nice long life ahead. big plans. so when i found out medicare doesn t pay all my medical expenses, i looked at my options. then i got a medicare supplement insurance plan. 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[ sirens blearing ] i wod bomb the [ beepout of them. i wbr-id= wbr21230 /> want to be unpredictable. i love war. the thought donald trump with nuclear weapons scares me to death. it should scareveryone. i m hillary inton and i approve this messa. damage in different jurisdictions. one of many partials giving briefings as people take them and i m going to turn to miami as we head to the national hurricane center. today they came up along the east coast and the sensor has been offshore about it looks like it the pass to savannah and charleston. it likes like savannah is at great risk. category four is very rare and it seems to be moving at its own pace. and it might be up the coast. it has been moving at 10 miles per hour and that s close to normal. this is not unusual. the good news and bad news when it s moving slowly with more time to prepare, it lingers longer. author for the storm surge and that s a big concern this time. thank you very much. we will turn now to jacob in jacksonville, florida. all day long, it has been raining consistently and raining enough that they are standing with the water like this one are popping up around the city. this by far is not the most dangerous thing around the storm. we saw the massive storm surge about 23 miles from here. and up and down the coast and up and down the middle, that s creating dangerous conditions for low-lying areas. as windy as it has been. and far away from the coast and they have to look for not only rain and wind, but the beach and the river. thank you very much. now we turn by phone to savannah looks like the place where the hurricanes can come closest and what is your view and how is it going? we had great results for people who left town. we had 75% participation and we feel good with the numbers and we are trying to make sure about the ones that are here understand we need to hunker down and get a grip and find the safest place with you can. we stopped all emergency calls because of the weather and we will wait until the storm passes between the times that are 6:00 in the morning. we have the surge based on like you were talking earlier. we are concerned because of that. that s on the earlier side and we are not sure about the surge. they moved them out of the lower areas and hopefully we will be able to take care of them tonight. you are advising them to hit hardest around 6:00 in the morning on saturday? we are looking at more of the 2:00 time. that s the same time our eyes are working in the same time period. the roughest will be from 2:00 to 4:00 and tropical stuff from 10:00 to 6:00. that s what we are an tis waiting. we have seen a lot of coordination from the local and state and federal and we saw marco rubio teaking and are you getting everything you need from the state and local authorities at this time? i have never seen a group of people cork from the emergency homeland security. every one worked to make it as easy as possible. it s something to be proud of if you are a sides. you have people in places that can do that job. it has been great. a lot of resolve. that s good to hear. thanks for joining us on a busy day. glad to be here sir. thank you for your time. we will continue to update throughout the evening and income up back to 2016 with interesting political developments. stay tuned. he has a sharp wit, a nng smile, we have been following this for a while. they publicly blamed russia for the election-related hackings that occurred here in the united states. they are confident russia is behind the hacks that include breeches from the democratic campaign committee. they said the steps and disclosures intended to interfere with the u.s. election process and we believe based on the scope and sensitivity of the efforts that only russia s senior most officials could have authorized the activities. they believe the system is essentially to decentralize them and suffer from disruptions in hacking that could affect the election in november. they came at about the same time that president obama stopped by his holding place in downtown chicago to cakaftan early vote. we ll be right back with how the presidential candidates are and may not be preparing for the crucial second debate this weekend. or put them on a rack. but the specialists at ford like to show off their strengths: 13 name brands. all backed by our low price tire guarantee. yeah, we re strong when it comes to tires. right now during the big tire event, get a $140 rebate by mail on four select tires. i had a problem with the mike. we had a guy oscillating my mike. i went there a little bit before and i said the mike is so great. unfortunately when i went to talk, they turned the mike up and down and you saw it. everybody in the room saw it. we had a real problem. he is still talking about the mike from the last debate. donald trump there last night and that is new sound in case it sounds like old sound suggesting it was sabotaged by microphone oscillation. just purr porting what he said. the practice may not be going to play. the story out today saying trump continues to push back against the notion of traditional preparation. trump resisted suggestions from advisers to practice exhaustively for the skds debate. he flat out refused to participate in mock sessions saying play acting was annoying. on the stakes for the trump campaign on sunday night are massive right now. there are republicans who are basically signaling they are looking at an off-ramp. the battleground map tilting towards clinton and so are the national and state polls and the new york times reported just this week that gop operatives telegraphing, quote, should mr. trump falter badly, republican congressional candidates may take it as a cue to flee openly from their nominee. let s bring back our panel, daniella fairman and nick confesso confessore. sarah, there are plenty of republicans who say, that s the new york times grabbing an anonymous quote here or there and trying to spin it into a bigger story. no offense, nick. you don t have to rebut that if you don t want that. and they would say, my point, about any newspaper that has a couple of quotes. is this a media narrative, or in your view as a republican in touch with a lot of people, is this a real problem for trump? i think it has a real potential to be a problem for trump. and look, the proof will be in the pudding. look, we ll certainly know how donald trump does after sunday night anwe ll see within a week to ten days after the second debate if republicans do, in fact, start running i m a check on hillary clinton, as if the presidential race is a foregone conclusion. but i think these conversations are happening. i don t think this is just the media narrative. it s a tricky situation for republicans. because, you know, by saying or telegraphing this, you think that the republican candidate isn t going to win, it can have a dampening effect on turnout, it can have a lot of factors that can be negative on one s candidacy. it s demoralizing. yeah, it can be it s not just an easy slam dunk, it can cause more damage than just, you know, running the i m a check and balance on the democratic president. no, it s a message that admits a problem, nick, put aside your msn credentials, you mainstream media establishment reporter, there s someone else that might agree with this narrative. and we ll put up on the screen in the four-way race, just since september. so just looking at the arc here, as we re now in the home stretch of october, hillary clinton, overall, up four. donald trump, up one in what he had before. and gary johnson losing seven. so in whatever sort of mood there is, the mood is third party candidates waffling. that s not necessarily good, if hillary seems to be picking up some of what they had. look, two things are happening. one is the block of voters who are considering johnson and stein, right, are now moving in some large degree towards hillary clinton, and not trump. so, yeah, it s typical to see third party candidates waver and lose steam at the very end. it is happening, it is happening to hillary clinton s benefit. second of all, you can see in polling that a lot of senate republicans are having trouble separating from donald trump. not all of them, not bob portman, you know, but most of them are finding that he drags them down. that as he suffers, trump suffers, the senate candidate suffers, and we even had a house strategist in that story, saying that even house candidates are suffering. so the top of the ticket does matter. it can drag the whole thing down. i think that goes to the question if donald trump is any good at outreach. he has had a real sort of proud attitude about any aspects of the general election, when we re accustomed to nominees trying to do bridge building. i m a little reminded of when jay-z said either love me or leave me alone. i think that s how a lot of people feel. but you can t build a 50% coalition with the feeling that people should either be in your corner or go away. and he has to have that kind of scorn for people who don t want to get behind him. absolutely. for the past year and a half, donald trump has been saying, i m the best, i am tremendous, i have the best words and the best brain. and nobody is going to tell me how to win a general election. and what worked in the primary is obviously going to work now. so i m not surprised that the new york times said he s not doing debate prep. and i wouldn t be surprised if he does poorly again on sunday, that he still rebuffs and says, you know, a mike was broken, or something else happened, and not listen to the people around him. daniella, it was not broken, fact check! it was not broken, the mike was oscillating. that s all he said. be fair. sorry, it was oscillating. it was oscillating, my bad. i don t have the best words. i mean, sunday night is a big night for him and donald trump needs to do two three things, regardless of whether he s prepping or not. he needs to not miss opportunities. he needs to be talking about hillary clinton want hillary clinton s e-mail scandal, about the way the clinton foundation has conducted its affairs, and about her performance on the world stage. he missed opportunities in that first debate. he cannot do that again. second, he needs to have strong answers on policy questions. people understand he is not a policy wonk, and to some degree, they like that about him. but he s got to have a strong, solid answers. and third, how does he interact with these voters? the human dynamic, i think, is going to be a big part of the discussion on monday, for both of these candidates. and he s going to have to do well in that regard. because you re eye to eye with real people. nick? look, prep is not just about having facts and figures at your fingertips in a debate. it s not being prepared for lines of attack and how to avoid walking into traps, how to control the tempo of the debate and talking about things you want to talk about. what happened to him last week was at almost every stage for the last two-thirds of the debate or more, he was talking about things that hillary clinton wanted to talk about. exactly. it was conducted on her internship terms. if you don t prep, it will happen to him again and she will win the next debate. and that s what makes a town hall a little trickier. because these are voters you re talking to. you can t talk down to them, you can t interrupt them. if you don t like their question, you really can t blow them off. these are the people you re trying to convince to vote for you. that raises the final question, daniella, do you think he will interrupt any voters to say wrong ? i wouldn t be surprised if it happened. i would like to think that he would not do that, that he would understand that that would be really, really bad to tell a voter that their question or their premise is wrong. well, we will find out. that s why we will be watching. sarah, daniella, nick, thanks for joining ours panel here. i m ari melber. we ll have more on 2016 and on hurricane matthew, so keep it locked right here on msnbc.
flight, an air canada flight, arrived in that very terminal on a flight from alaska earlier today, that he waited for his luggage along with the other passengers on that flight, that he retrieved his bags where he had checked firearms. these are firearms that you can legally check with the airline. and he legally was able to do that. he went to a bathroom, retrieved the firearm and came back out and started shooting. according to the initial investigations, it doesn t appear that he was targeting anyone in particular. he appeared to be shooting ram donnelly. there was no rym or reason to the shooting. but it appears that a lot of the people who he would have shot and some of the people that were killed might have been some of the passengers that were on this flight. again, he came on a flight, an air canada flight we re told, that came from alaska and landed earlier at ft. lauderdale international airport. again, this is a twist on something we ve never seen before. again, we ve seen shootings at airports where people come from outside the airport with firearms. you don t normally see somebody coming from an aircraft that s gone through security, again, with secured luggage. and then retrieving a firearm. this is not something that we ve seen before. again, this is still early in the investigation. there s still a lot of witnesses to be interviewed. there s surveillance camera footage to look at to see exactly how long this took. we don t know everything about his movements. again he appeared to arrive on this flight and then started shooting once he emerged from the bathroom. evan perez, stay there. i know you ll continue to speak to law enforcement sources here in washington. i want to go to cnn s boris sanchez, he is live at ft. lauderdale/hollywood international airport. i know that just after the shooting, there was a great deal of confusion and fear at the airport. we saw pictures of people after the gunman was taken, still running in fear. but now police are saying they re confident there was just a lone gunman here. that s right, jim. we actually heard from the broward county sheriff about 20 to 30 minutes ago and he told us that reports of a second shooter were unsubstantiated, they were simply rumors. we heard people screaming and running shortly after we saw a group of about six armed and heavily armed uniformed officers running across from terminal 2. this is terminal 2, this is where the shooting happened. this is the second floor. the shooting happened on the lower level in baggage claim. we saw the officers running across into these parking garages here and that s what really kicked off just panic here. there were people running in all directions from terminal 2 on to the runways from terminal 1, down here to where we re standing now, and then on to the runways. it was sheer chaos. things are much calmer now, but as the sheriff of broward county said earlier, this is still a fluid situation. officers from just about every jurisdiction and the southeastern part of florida are here. there are helicopters in the air, tactical vehicles as you saw a moment ago driving around. this is still an ongoing investigation. as you said, and as you heard from evan earlier, it appears that the shooter in this case arrived on an air canada flight, terminal 2 is the delta and air canada terminal, and then he apparently, sources say, went into the rest room, retrieved a weapon from his bag, and opened fire, killing at least five people, eight others were rushed to the hospital. there s no word yet on a motive. we understand that the shooter was put into custody without incident. he s being questioned as you said by local and federal investigators. one interesting point to note, especially because we saw so many officers go into these parking garages, i asked the broward county sheriff if, perhaps, they had identified a vehicle here at the ft. lauderdale airport that might belong to the shooter. he told me that at the time we were speaking to him he did not have a vehicle that belonged to the shooter that they were able to identify. again, this is a very delicate situation. still there are hundreds of people that are stranded. i believe we actually have one here now. sir, nice to meet you. nice to meet you. hear the initial shots. i heard the commotion. i was actually i just had back surgery and i was in a wheelchair and just had gotten through security so i saw the commotion and heard the people. i thought maybe just a fight or something had broken out at security. i actually was at the first gate that the wheelchair stopped at and got a call from my mom saying, what s going on. and i had no idea. i just heard the screaming. and not five minutes later, people came running down the hall screaming gun, gunman was coming. so everybody, you know, ran and luggage flying, purses flying, and i can t move very fast because of my surgery so i got up and started hobbling and all the restaurants were closing their cages and getting people into hiding places and a woman frozen kind of in the middle of the hallway and her child made it into the gate, so i took her into a corridor. we were stuck in that corridor about the last 45 minutes or so and then escorted out with guys with long guns and moved us away from the glass. so it does sound like maybe it was an unsubstantiated second threat. but people certainly weren t acting like it. ryan, it must have been horribly frightening for you, particularly you re injured. were people coming to your aid? what was the response from law enforcement and others inside the airport as this was happening? you know, a lot of confusion at first because people were aware that something has happened adjacent to us, but once everybody started running, i have to say the jetblue personnel, which is what i was flying, were great and the cops that came in initially the broward county sheriff local guys, they were great. i mean, since i was kind of stuck in a corridor with a woman who was frozen in fear, they just kind of guarded us on either side and stood there. and then like i said, finally escorted us out once some guys with long guns came in and they were homeland security guys, fbi, and now escorted us outside and kept us away from the windows. still see a lot of helicopters, lot of action but it seems to be calming down, but they definitely are still riding by with on the trunk of the cars with long guns out. so definitely not giving us the clear. in the midst of it i m told you shielded a child? there was a during the chaos? actually it was his mom. the child sat about ten feet from her and i handed the child to the chile s employee that was closing the gate quickly so they could hide and i ran back over, pushed the mom into a corner and laid on top of her. i m a big guy, so it was easy to cover her up. she was frozen. ryan, i m sorry you had to experience this, for anybody who went through this firsthand, but thank you for the help that you gave to others in need there. we appreciate it. i want to bring in the national security analyst julia kayyem, former assistant secretary for homeland security and phil mudd, a former cry counter terror aficial, tom fuentes, assistant fbi director with me here in washington. tom, a couple of things i would like to run by you in light of your experience. one, if you want to find a police with a big police presence it s, of course, america s airports today. this shooter struck in one of the least protected areas, in baggage claim, outside the security perimeter. baggage claim is open because people are arriving and may have luggage checked in. family members and others help them. they drive up and park, go to baggage claim, help them carry their stuff out. so yeah, they don t go through magna tumors to get in. you can have a threat from outside the airport easily or true in this case, if he had a gun in checked luggage, he can hide in a bathroom and go out on the sidewalk and come back in and begin shooting if that s what actually happened. julia kayyem, this is a situation, rare, that you have the shooter taken in custody unharmed. eyewitnesss have said that after firing these shots, he, in effect, laid down on the ground and waited to be taken. police able to take thhim, they say, with no shots fired. how unusual is that in your experience? it s very unusual for a preplanned attack. normally if this was something he flew across the country, at least from our understanding, you know, from alaska to florida, with a plan on doing this attack, you would think that his exit strategy was either to get out of the airport or to be killed. so this is very rare. so the other theory talking to law enforcement agents right now that i m hearing, the other theory is that something happened at the airport that triggered this, an altercation or something in baggage claim. those would be the only two theories, he didn t plan it, but he happened to have guns, or that the guns were, you know, sort of on the airplane and he planned to do this. because the rarity of getting someone who just sit downs and says here, take me away, has to be explained somehow and so those are the two theories of the case that investigators are looking at right now. and the suspect being questioned now. phil mudd if i can draw on your experience, i m told by officials that he had possible mental health issues, but, of course, it s early. the department of homeland security telling us there was no known motive at this time. tell us, if you can, the kinds of questions, the kinds of work investigators are doing now to figure out why he did this? first of all, i wouldn t be asking the question why at the moment. the first question is who. is there anybody else involved. was there a co-conspirator. if he s not mentally stable my first questions would be where are his friends, family, associates, does he have social media accounts that might suggest he was communicating to somebody about an attack. after that, i might get into motive. why did you do this. was it just a random act of violence. i m with juliette. this is odd you would bother to go across the country and buy a ticket to engage in a shooting incident at an airport against civilians whom you don t know. if you wanted to kill people why wouldn t you do it at the point of origin. a lot of unanswered questions. the first one, is there a single other person out there. that takes a while to figure that one out. tom, it is a way, though, to get a gun into an airport, is it not? put it in your checked baggage, legally check it, declare it, and when you pick it up you have a gun in an airport. i suppose you could walk into the baggage area as well because that s a place where, you know, there might be police around but you don t have to walk through metal detectors. hundreds of people travel legitimately with their firearms to go on a hunting trip or off-duty law enforcement or other military that may have weapons and check them in. there s procedures each airline has. tsa has for checking in a secure manner a firearm in your luggage, you know, making sure it has the right lock box and ammunition. the main issue is that firearm is not in the cabin. they re not in position to hijack the aircraft. when the plane lands they recover their luggage at baggage claim and once again they re reunited with their firearm. so yes, they could shoot on the front end of that through the detectors or ticket counter or on the back end when they recover it at the destination airport. julie ya kayyem, this is not the first time we ve seen shootings or terror attacks in that unsecured part of airports, remember look back at the istanbul attack a number of months ago in that area and the check-in area, outside of the security corridor, whenever that happens there s discussion why don t authorities move that cordon out further, right. is that something that homeland security has considered at various times and if so, why hasn t that step been take? well, it has been considered, but just to make it clear, so wherever you put the zone of security, there is going to be a zone of insecurity right next to it. you can move it out ten miles from the airport. mile 10.01 there will be insecurity. and the other aspect to this is, we are a global economy, global aviation. if you put too much security on any of these airports, you will i mean basically you re going to impede the movement of people and things. millions of people a day domestically fly and you re constantly weighing the challenge of security and flow. what we do see and i just, you know, to sort of say this looks like chaos, you know, look, sometimes there s organized chaos. this looks exactly how you would want it to look from a homeland security and public safety perspective. active shooter case you want people to flee. you don t want them to stay put. you have them shelter in place to ensure things are good. it looks bad but this is the way you want it to work because you want to protect people. you will never make the airports perfectly secure. a lot of it has to do with weapons and the achlts of weapons that are out there and so we shouldn t believe that if only we put the security, you know, further back everything would be okay. there s more we can do to protect these unsecured areas, but at some stage you will have an insecure area. juliette, tom, fim, stay there. we re continuing to follow this story and we will come right back to this breaking story. but first more breaking news. this is cnn breaking news. as i said, we have more breaking news on a separate story. one we ve been following for some time. the government has just released the declassified intelligence report blaming russia for cyber attacks during the 2016 presidential race. this has been a great deal of anticipation for this for some time. and i just want to draw your attention to a few headlines from this. it says that vladimir putin aspired to help donald trump win the election. that, the judgment of the u.s. intelligence community. i want to go to cnn s pamela brown who has the report. pamela, reading these pages here, first of all they make clear at the top, you know, that this is intelligence, it s classified, we can t lift the veil on everything, but we will in effect tell you as much as we can. that stood out to me. we assess that putin and the russian government aspired to help president-elect donald trump s election chances here. what other headlines come out at you from this report? well, it talks about the range of motivations here and as you point out, this report does not mince words. it comes out and says we believe vladimir putin med led in the election process and tried to hurt hillary clinton and help donald trump. it listed a few reasons why. one of which putin publicly pointed to the panama papers disclosure and the olympic doping scandals as ways that the united states was trying to undermine russia and so in the view of the u.s. intelligence, putin wanted to do this to get back at the united states. it says, he sought to use disclosures to discredit the image of the united states and cast it as hypocritical and it talks about why he wanted to undermine hillary clinton, saying he most likely wanted to discredit secretary clinton because he has publicly blamed her since 2011 for inciting mass protests against his regime in late 2011 and early 2012 and because he holds a grudge, he almost certainly saw disparaging against him. it talks about why the u.s. believes he tried to help donald trump. it says moscow saw the election of president-elect trump as a way to achieve an international counterterrorism coalition against the islamic state in iraq and it goes on to explain how the united states came to this conclusion. it says, we assess with high confidence that russian military intelligence, general staff main directorate, used the 2.0 persona and d.c. leaks.com as a way to release u.s. victim data. it says back in march that the military intelligence services stole these e-mails that we know were leaked from the dnc as well as john podesta, the clinton campaign chairman, and used this forum, the dcleaks.com and wikileaks in order to have the effect that the united states says russia wanted, which was to med dle in the process and help donald trump. it talked about the trolling operations, jim, and says it traced the likely financier of the so-called internet research agency, located in st. petersburg, russia, as a close putin ally with ties to russian intelligence. these are the troll operations that were apparently pushing out fake news. you heard james clapper say in that hearing yesterday that the russians were responsible for pushing out fake news against hillary clinton and the report says that is continuing to help this day and to expect more of this type of behavior from russia in the future. it also makes the point, i think this is important to emphasize and you heard this in donald trump s statement, there was no indication that the russians compromised or got involved in vote tallying. it said while the russian actors targeted multiple state or local electoral boards as we have been reporting, there s no indication that the russians got in there and actually messed with the vote tallies. jim? well, it s interesting that you make those points this was a comprehensive information operation. not just the attacks on the dnc, but also fake news, all intended it seems to sow doubt about the election. they made the point that the targets included associated with both major u.s. political parties. pamela brown, thanks very much. i want to bring in now california congressman adam schiff, the top democrat on the house intelligence committee. thanks very much for joining us this afternoon. you bet. good to be with you. so you have the advantage, of course, of having seen the classified version of this report as well, but without delving into the classified, now that this is public, what do you find the most convincing evidence to back up the intelligence community s assessment here? well, jim, the evidence is really what comprises the classified version and unfortunately i can t go into, obviously, paramount importance is protecting our sources and methods. i m sure the russians would like to know how we know the contents of what s been released publicly. i will say i ve been on the committee almost ten years. this is about as iron clad a case as i ve seen on any major issue. i think the intelligence agencies really did great work here and i think those findings are well documented and supported and i hope their presentation today to donald trump will cause him to change his tune about this because i think the facts are really undeniable. now, adam schiff, we have donald trump s statement, that followed his briefing earlier this afternoon we re told went for an hour meeting with top intelligence officials. in the statement, he doesn t say explicitly yes, russia hacked the election. he said while russia, china and other countries, outside groups and people are consistently trying to break through, he goes on to say, there was absolutely no effect on the outcome of the election. seeing donald trump s response so far, in your view, is that sufficient? i m glad you raised that statement. no, it isn t. in fact, that statement is demonstrably false. the report did not go into whether this russian action changed the outcome of the election. in other words, had the determinative impact on the election. that s beyond the scope of what the intelligence agencies look at. the fact that there was no evidence of tampering with machines, doesn t mean that it didn t influence the outcome of the election as donald trump has said in his statement. in fact, quite the contrary. the daily dumping of damaging material to secretary clinton was enormously consequential in terms of her campaign, was enormously beneficial to donald trump and to ignore that, or to say it didn t happen, i think is quite inaccurate. and all of this was, of course, enabled by the russian cyber operations. let me ask you this, because you have been pushing for action on this for some time. the obama administration has come under criticism from republicans certainly, but also from democrats, for not acting earlier. because it was a month before the election when the intelligence community as you know expressed publicly they had confidence russia was attempting to hack and influence the election with a focus on dmtsic party. do you believe democratic party. do you believe the obama administration waited too long to act on this intelligence? i do believe they waited too long to act and this was point that senator feinstein and i made when we released our own statement about the russian involvement in the elections even before the intelligence community did. nonetheless that doesn t let either the russians off the hook or anyone else and it certainly doesn t mean that democrats and republicans shouldn t come together right now to develop all the counter measures we need to confront this russian covert influence operation in the united states and in europe, and i think we need to develop stronger sanctions against russia on what they did already if we re going to have any hope of deterring them in the future. i think it s save to say looking at donald trump s statements so far it s not exactly a fulsome endorsement of the intelligence community s assessment and as you know, up until this morning, he was disparaging the intelligence and as you know as well, had he s also called into question the capabilities of the u.s. intelligence community. from your perspective what do you what does the american public need to hear from president-elect donald trump now after those expressions of doubts? well, what s really missing from the president-elect statements today is, not just he had a good meeting with intelligence officials, but that he has looked at the evidence he looked at it now in detail, he knows the sources of that evidence, and he has convinced he is convinced the russians did this and there is going to be a price to pay for, he applauds the measures president obama took and we ought to do more and we re going to prevent russia from ever interfering in our elections in this way again. he hopes to have a different relationship with russia, that s fine, but he cannot continue to deny what has taken place and that is i think what he ought to be saying to the american people. congressman adam schiff, thanks very much. thanks, jim. i want to bring in now former california congresswoman jane harmon who served on the house intelligence committee and now president of the wilson center. jane harman, thanks for joining. you know intelligence matters very well. in your experience, have you seen the intelligence community lift the veil to the extent it has on its assessment that russia hacked the election? i think this is unprecedented, and add to that, that yesterday, the senate armed services committee really on a unanimous basis, aligned itself with the intelligence community evidence that this was clearly a hack. it s not just a hack of this election in 2016, but it goes back a decade according to the portions of the report i ve been able to read. that s three presidential elections. and it also, let s add in france and germany, as other targets of russia. most people think that where vladimir putin goes next is angela merkel to destabilize the last of the old generation of leadership in europe. so, with these tools, unfettered, russia uses offensive cyber to basically, as i see it, undermine democracy in the world. it s very serious. and i applaud trump s statement. i heard adam schiff, who now holds the position i did for some years on the intelligence committee, but i applaud donald trump for moving in the right direction and hopefully he will move further. just one last comment, jim, as we watch these events in ft. lauderdale unfold, it should remind all of us how important it is to have seamless, connected intelligence. maybe we could not have found this particular person, but when you look at how this overlay of law enforcement and other response is coming together, lots of this has to do with the corrective actions we took in congress after 9/11. we re much better prepared. you make a good point there. again we don t know the motivations of the shooter in florida, it s too early but that s essentially the intelligence community s job is to find intelligence, prevent bad things before they happen. i want to quote from donald trump s statement the final graph here, he says that we need to aggressively combat and stop cyber attacks. i will appoint a team to give me a plan within 90 days of taking office. if you were advising the president and his team, what steps would you advise them to take urgently? i know many republicans are calling for more severe sanctions than president obama imposed. what would you recommend? well a strong response against russia, even stronger than president obama s, is the first thing i would do. but you have to be careful. if we get into a tit for tat and we do something aggressive against russia in the nature that they did against us, we re ratcheting up danger to us. i don t know that that s where we go. some of this could not doesn t have to be public. i do agree with donald trump that not every move needs to be advertised. that would be number one. number two, i would encourage everyone in america to use the strictest cyber hygiene. a lot of this could have been prevented at the dnc if they had had better hygiene. i know at the wilson center, a think tank, understand that think tanks are targets, we have very strict cyber hygiene now and we train our people on it. if they can prevent this stuff from coming in to the dotcom space and we can do better in preventing it coming into the.gov, and we re doing a better job of that, that s another defense that the trump administration ought to roll out as fast as possible. congresswoman jane harman, thanks very much. thank you, jim. i want to return now to our other big breaking news story this hour, a mass shooting at ft. lauderdale airport. five people are dead. eight others are wounded. the airport remains shut down. the suspect, however, is in custody. and sources tell cnn he had a weapon in his checked bag, which he retrieved when he arrived there at ft. lauderdale. i want to bring back cnn justice correspondent pamela brown, she has new information on the shooter. what are we learning? we re learning, jim, investigators are looking into a possible altercation on the plane that the suspect was on from an core rage, alaska, to florida. there are been claims by witnesses, by some of those on the plane, that the suspect esteban santiago got into some sort of altercation on the plane with other passengers, and as we know, after he got off of that plane there in ft. lauderdale, he went into his checked bag, once it came through baggage claim, pulled out the gun that apparently he had filled out paperwork and declared before, and then opened fire, killing five people. we are still trying to get more information about this altercation and, of course, investigators, want to verify it. oftentimes as you know there are witness accounts, they want to corroborate that. the initial reports are that investigators are looking into this possible altercation between the suspect and passengers as a possible motive there for the shooting and in baggage claim at the ft. lauderdale airport. pamela, that would be enormously important, because it would imply, we want to caution our viewers these are early reports and facts, not conclusive at this point, it would be an indicator this was not previously planned. right? right. that it was more spontaneous, perhaps, a reaction to what happened on the flight? and that s exactly what investigators are looking at because, of course, when anything like this happens you want to figure out is this terrorism or some other motive at play here, some sort of issue, and so that is why this is a critical piece of evidence that investigators are looking at or claim i should say from the witnesses, this possible altercation may be one of the reasons, as you point out, sometimes there s multiple factors, but one of the reasons at least why he got off that plane and went into his checked bag and pulled that gun. we also are learning today, jim, that the suspect apparently was in the military. we know we heard from senator nelson earlier he had a military i.d. they were trying to verify the authenticity and we are told from our sources that, in fact, he was in the army. no criminal record we re told. we re trying to piece together more about the suspect or more about him, and that s the very late west he know right now. pamela brown, thank you very much. law enforcement officials saying there was some sort of altercation with the suspected shooter on the flight and after that altercation he went and retrieved the when and fired in the bag am area. i want to bring back julia kayyem, phil mudd and with me in washington cnn law enforcement analyst tom fuentes. with that new information, tom fuentes, possible altercation on the flight, what does that tell you at this stage. at this point we don t know who he was having an argument with. did he know them before. is this a group of people who were already friends or went hunting together or something and had a previous argument, continued on the plane with each other and then he continues it afterward when he has the firearm, or are they complete strangers and argued about overhead bin space or some other issue on the plane. so that will be determined hopefully pretty soon by the fbi and police that are doing the interviews of him as well as the passenger witnesses as to and the victims who he was arguing with. why were you arguing. what was the cause of that. julewel julia kayyem, airpor are tense places, it can be a tense time. that is an argument for not allowing people to even check weapons when they travel? well, it will be very difficult. people carry weapons for a variety of reasons, hunting trips, or they re moving and need to move their lawful weaponry and so i think the clear thing that we re all picking up on now, it s still undetermined whether he entered the flight with the intention to do this in ft. lauderdale or if something triggered him. and look, something could trigger anyone in an airport and they could be armed even if they weren t a passenger and just come in through baggage claim. so we have a lot more to determine at this stage, but i have to say, the protocols for putting guns in checked baggage are pretty strict. you have to show that the gun is lawfully yours, it can t, of course, be loaded, you have to fill out forms and that s actually part of the security process that someone like me never worried that much about and we just have to determine whether this was someone who used a potential loophole to attack an airport or actually was someone this could have happened anywhere. he s deranged or has mental issues and used a gun in his possession to kill people at an airport. to be clear, you may know this or tom, you can check both a weapon and ammunition? yes. tom fuentes shaking his head yes. yes. if you re going on a hunting trip you will have both with you when you arrive at the destination. the fact that he s coming from alaska might be why he was there. we don t know. that s exactly what i was going to pick up on. hundreds of thousands of law enforcement personnel who often travel with their weaponry. you have to fill something out. it s a protocol under the faa and tsa. you have to fill something out. you can t just do it. nonetheless it s a common procedure for people who own guns. phil, phil mudd, i know i m asking you this with a handicap because it s early, i m just asking you in light of your experience as a profiler, you look at this person here, altercation on the flight, carrying a weapon, but also other things like shooting and killing, and then laying down, letting himself be arrested, as you look at that early and incomplete picture what do you take away? as somebody in the counter terrorism business let me take you behind the door for a moment. the first thing people in my business think about they hope it s not terrorism. you know, in some ways if you have to rank incidents of tragedy and violence in this country, as soon as you get an incidence of terrorism you re saying who organized this is there an immigration issue, connection to isis. if we have someone that stepped off the plane, what i see in the initial stages of this, is an individual who doesn t show the characteristics of the people i used to worry about when i chased terrorism. we talked about, for example, lying down on the floor. the people i chased typically would want to have enough ammunition so they went down in a fire fight with law enforcement. that was not a suicide operation. that for them was a martyr dom operation. i look at this and say i think we might come to a conclusion over the next hours it was just one of those tragedies where you say i m not sure there s anything you can do. and just for the sake of our viewers, that word terrorism there. we don t have any evidence yet and no official has told me at this point. the official word we re hearing from multiple sources is no known motive at this point although the newest information there was an altercation on the flight could be indicative. i would like to make a distinction. we haven t seen this because we re always broadcasting about terrorism events and jihadist events typically they re not taken alive. state and local police will tell you, i was a street cop six years, there are plane situations police arrive, someone has shot their family dead, thrown the gun down and surrendered or committed in other serious crime with a firearm and when police arrive they surrender. so it s not uncommon in general circles even if we think it s uncommon in our circles. julia kayyem, as we re looking at this as well, what are the missing pieces at this point that you ll be looking for? the unanswered questions? well, during the press conference i thought it was interesting and this just having seen so many of these, the extent to which they are going to shut down the entire airport. that s, you know, that s better safe than sorry at this stage. they need to reopen it relatively soon. it s a major airport. and the faa and it tsa are working as we ve heard already to divert everything. you will start to see a slow reopening of different terminals. that s part of the protocol. the unanswered questions i have is just the basic one, is essentially was this a cross-country from alaska to florida flight which seems less likely to me or an altercation where he happened to have a gun. we don t know much about the assailant at this stage so we want to learn more. i have confidence that they believe, that the officials, just based on the press conference, they believe it s an individual assailant who got triggered by something only because they seemed quite confident and they wouldn t be, that the imminent threat was now over. juliette, phil, tom, stay there for a moment pap back to the scene of this shooting rampage, ft. lauderdale/hollywood international airport. boris sanchez is live just outside. boris, what are you seeing in the last few minutes from your vantage point there? jim, we re just waiting for a press briefing from the governor of florida, rick scott, set to start in about ten minutes or so. we ve seen several helicopters circling overhead. broward county sheriff s and others. as we heard from the sheriff of broward county, about an hour or so ago, this is still a fluid scene. it does seem, obviously, like it s way more under control than it was just a few hours ago. they just put up that yellow tape. we re seeing a very large law enforcement presence from all over the southeast part of florida here. the difficulty now is in canvassing all the passengers and people that are still here on the scene. there are several hundred people that can t go anywhere because the airport is shut down. and as you can see behind me this is terminal 2, this is where the shooting took place on the lower level in the baggage claim area. this is an air canada and delta terminal. and just to give you an idea this is the second floor, this is where the de par tours leave. the lower floor, the baggage claim area where the shooting happened is the arrivals. still, so much to piece together in this. one thing i did want to point out i asked the sheriff of broward county perhaps they identified a vehicle belonging to the shooter here at ft. lauderdale international airport. he told me they had not. we did see a large group of officials heavily armed going through the parking structure, so we were he still trying to figure out exactly what details might give us an idea of what was going through the shooter s mind and if this was something that was planned or if he was responding to an altercation on the plane as some of our sources have been saying. boris sanchez on the scene. joining me on the telephone is senator marco rubio of florida. senator rubio, thank you very much for taking the time. thank you. thanks for having me on. a terrible situation. our thoughts with you. a tragedy in your home state. if i can begin, can you tell us if there s any uptated information on the shooting? what can you tell us? well, i want to be very cautious about what we share because i think it s a fluid situation. i think you ve already probably reported the name of the assailant, i think you ve reported. there are still some questions whether it s clear he was an inbound passenger. that seems to be some confusion as of 15 minutes ago still among the agencies about whether he was inbound on an international flight or domestic flight but from outside the continental united states. i think, obviously, the other thing that s going on and you re probably seeing images of it, is they re just trying to make sure this thing is finished. there s always this concern if it were some sort of coordinated incident you would have one attack to draw in first responders and law enforcement and the secondary attack to target them. we know those are tactics that have been discussed in the past. that s part of what you re watching. then it goes to preserving evidence because if, in fact, this turns out to be a domestic prosecution they have to be able to prove it in court. so all of that is going on simultaneously. even as they are trying to run as much information as they can about this individual across data bases to try to begin to piece together what happened here. are you seeing any information, any indication, this was a coordinated attack, beyond a lone gunman? no. as of now, nor have any of the agencies indicated they suspect it. they ve got to rule all of that out. they will take every precaution on the ground. our immediate interactions with the fbi concluded that while their involvement because of the investigative capability and because it involves abation there could be aviation there could be federal criminal violations here, in fact there no doubt is, they do not at least initially see this as some sort of an act of terrorism in terms of what we normally associate with terrorizing. as of this moment anyway that s not the way they re approaching it. i m not sure they ve ruled that out. they have to gather information. we know throughout as we ask you these questions, it s early, the picture incomplete. we re hearing from law enforcement sources here in washington that this passenger had witnesses say he had some sort of altercation on the flight before he then retrieved his weapon from his bags and then carried out his shooting. are law enforcement sources there telling you any more about that? whether they believe that was the motivation? well, i m not prepared to say that was the motivation. i know that was mentioned as a potential cause and they wanted to kind of look into that a little further and get to that point. i think what they ll probably be troubled by the attack did not seem targeted at specific individual, but rather just kind of widespread across the baggage claim area. but that was, in fact, one of the potential causes that was brought up among several others. but we re not trying to be evasive. i certainly am not. truly they don t know. just a few hours removed from this happening and they have to piece all of this together before they know more. one of the things that s unusual about it is, if you wanted to shoot up the baggage claim area of any airport in america you don t have to fly there on an airplane, check it in your bag and wait for the bag to come out. you can just drive up, walk in and do it. so i think that s putting some doubt in their minds about premeditation in terms of that being a specific target. but again, we ll learn more, i imagine, over the next few hours and days. we know the name or multiple sources have told us the name esteban santiago. we re also told that he had a military i.d. on his person. i m curious if you know any more about his background? for instance, whether he was an active or former military service member? no. i can tell you that is the name, the name that i ve heard from multiple sources now and the military i.d. component. i did ask the question whether it was an active military i.d. and they didn t have the answer at the moment. i asked local law enforcement, the first to kind of move on that front in terms of identification. my understanding he is in custody and injured, so i imagine he s been transported to a medical facility. i don t have any more. i would say one thing the name, if you ran that name on just a public data base, obviously, without knowing more about who it was that s not an uncommon name. esteban is not an uncommon name. spanish. and santiago is not an uncommon name. it s not garcia or perez but it s not uncommon. i imagine they re trying to make sure they have the right person. through that i think the passenger manifest from the airline is probably brought into some high level certainty at this point. as of now there s nothing in what they know about this individual that has led them to change any of the assumptions that i ve outlined to you earlier here in this conversation. well, senator rubio, we thank you for taking the time and we re sorry that you and your state have to have experience violence like this. well just know that our thoughts and prayers are with the families of those that have lost their lives and several others that have been severely injured and as a result of this attack and we pray for them and hope that they will be able to make a full recovery. no question. we ll be thinking of them as well. senator rubio, thanks very much. thank you. i want to go to cnn aviation correspondent rene marsh. rene marsh, can you tell us what you re learning most recently about the shooter and the investigation so far? well, just to reset, jim. we know the name of the shooter is esteban santiago as you ve been mentioning there. he flew from alaska to florida. we do know, again, that gun was checked in his checked luggage. he had declared that weapon. and then he retrieved that weapon and that s when he opened fire after getting off of his flight. now, you know, many people may not realize, but he went about this all very legally. tsa rules are very clear, they state what the rules are for carrying a gun on board. you can legally carry a weapon as well as ammunition only in your checked luggage. you cannot carry that in your carry-on luggage. that s exactly what this individual did. however, when you do carry it in your checked luggage, it has to be unloaded. it has to be in a hard, locked case. and again, you have to declare it to the airline at that ticket counter. so to our knowledge, this traveler, esteban santiago, did all of those things and he did all of those things very legally. however, you have a problem which we ve talked about time and time again, with these airports, we saw it happen in istanbul where you have the soft targets of the airport that essentially if you talk to any law enforcement official, it really is virtually impossible to get the vulnerability down to zero. anyone will tell you that. and so this particular area where he opened fire, the baggage claim area, of the airport, wit yit was not by the checkpoint that is considered the soft target and he essentially took advantage of that and that is why we are where we are where the latest numbers are that five people had been shot dead an and we do know eight were transported to the hospital. to be clear we re showing live pictures there. we continue to see police activity on the tarmac. even on some of the highways leading into the airport terminal there, blocking traffic, et cetera. but also to be clear, a little less than an hour ago, police said they believe there is no active shooter still present, that it looks like this shooter who is in custody acted alone. have they changed that assessment? are they still acting as if there could be other assailants there? well, when we did get that update they did tell us that they had cleared everyone out of that vicinity because they had their s.w.a.t. team coming in and they were their s.w.a.t. team was going inch by inch throughout that area looking for others, potentially, but they did say they strongly believe they had their one shooter. however, they want a sterile situation so that not only can they make sure 100% that the threat is gone, but also looking for evidence because they need not only physical evidence, but, of course, they re going to want to look at that tape as well, that tape is going tell a lot as far as how long did this all go on. that tape will tell them exactly where he was standing, who he was aiming at, how he went about this as he opened fire on these innocent travelers, jim. rene marsh, thanks very much. please stand by. i want to bring in niegel nelson, he was there. he heard the gun shots as he waited in the security line. niegel, you think you may have been close to the shooter as this happened? pretty close, actually. so i was in the line waiting just about to step through the screening area when we heard the shots and there were people running behind us and screaming, security personnel screaming run run run. we ran. we were led out by the flight attendants and so on on to the tarmac. there we waited until about an hour or so when we got information as to what was happening. they tried to provide refreshments. i understand you may have heard more gun shots following that initial round of gunfire? this was about say 45 minutes to an hour after we were on the tarmac waiting when they got us all together and said that they they ve pretty much secured the building or secured the terminal and they were trying to get us inside. get us back inside. understood. that s when we heard shouting and screaming again and people started scurrying away. i heard at least two more shots. then, of course, we started running. i understand in that panic, you lost your shoes, just a sign of how quickly people had to get out of there? well, actually, i was, like i said, i was just about to step through the security screening. i put my shoes, phone, wallet, all my belongings into the trays. they were able to go through. that s when the shooting started and that s when everybody started running. i had to run without even a belt on my pant, with everything. i just had to run. now what are you seeing there right now, as understand you re still at the airport? i m still at the airport. we re i m in terminal d. terminal 2, section d6. we were let back inside. we re told they re doing some amount of checks still. they did confirm with us a while ago that they saw or they phoned found something suspicious and they re going to do a controlled explosion within five minutes or so, so the announcement just came over to tell us that we shouldn t panic or anything. so we re still waiting. they the security personnel they re moving around trying to keep us calm, trying to, you know, give us a sense of security and all that. well, thank you very much, niegel nelson, we here at cnn are glad you re safe. we want to go back to evan perez. i understand you have new information? you re welcome. all right. the fact that the suspect had with the fbi in anchorage alaska, recently about a couple months ago, he showed up at the anchorage office of the fbi and apparently exhibiting sh some kind of mental health issues. there was concern there. local authorities or himself. at some point he has checked into a local mental health institution according to officials we ve been talking to. this is still part of the early investigation still putting together a picture of exactly where he s been, what exactly might have led up to this shooting. but what we re beginning what s beginning to emerge is a picture of somebody who was exhibiting some kind of mental health illness, issues. he apparently checked himself in or voluntarily was checked in to a mental health institution there for some treatment. after he showed up at the fbi office in anchorage, alaska. after that, we don t know what happens next. we know that he did get on a flight from alaska and was flew into ft. lauderdale today. earlier we i think mistakenly said he had come through canada, but i think partly because of some of his initial interviews and statements to investigators, in which he indicated that he had come from canada. we now know that he, indeed, had come from alaska, had flown into ft. lauderdale airport earlier today, before he started carrying out this shooting. again, mental health issues is the picture that s emerging here from this suspect. that s right. i heard similar from u.s. officials earlier. evan perez, thanks very much. tom fuentes with me in washington and phil mudd still on the line. tom, as you listen to that, we re beginning to get a clearer picture perhaps of the suspect and the shooting. it could be serious mental health problems. we don t know the cause of it. you know, we ve had other incidents where somebody severely mentally ill does have access or owns a gun. which apparently is the case here. but you have situations where if somebody already owns a gun and then later gets mental health treatment there s no real way to find him and take the gun away. that s the possibility in this situation, he developed this problem mentally after he already owned the sgloon it s an issue that comes up so frequently with shootings that we cover, mental health, and that s one issue you hear from republicans as well, maybe they need to address the mental health issues as tied to gun violence. phil mudd, a lot of experience profiling bad actors tell us your view as we hear more information about the suspected shooter? i would step away from this and i think we will come up with the unavoidable conclusion we have another tragedy in america that s not preventable because we have someone that has mental health issues who didn t intend before he got on the plane on killing somebody. two quick things. did anybody know before he got on the plane that he had anger issues that might manifest themselves on the plane and did he talk about an incident of violence. my guess is no, but guess is not good enough here. there s a second bigger question. is there anything we can learn? we re talking about the issue of how do you think about someone who goes into mental health treatment who has access to a weapon. i think you to do an after action here but i m afraid we re going to step away and say in the america of 2017 this is just going to happen periodically. sadly, we come on the air with stories like this more often than we can coun. juliette kayyem, based on evan s information, the idea he arrived on ap earlier flight than we believed initially, and might have had some time to think about this before he acted? that s exactly right. what i m picking up on phil s point. what are we going to learn from this? obviously, you know, we have another major mass casualty shooting and there are debates, political debates, about guns and access to guns, but the other question i have, is if there was some sort of altercation or disturbance on an airplane, or around the airplane, what did officials at the airport, certainly plenty of them, whether it was at airline industry or tsa or local or state officials did they do anything or what did they do? i m curious about that only because we have to train these officials to be able to deescalate problems in a world in which we have too many lots of arms and unfortunately untreated mental health issues. and so that would be one of my takeaways from this as we started the hour, you know, i said this was a suspicion, that this was someone who got on a plane and didn t intend on doing this. and how can we deescalate these situations before they lead to a tragedy like this. just to reiterate some of that new information, learning now that shooter, one, had previous contact with the fbi, he was known to the federal bureau of investigation. two, that it is believed that he had mental health issues, possible mental health problems. in addition to that we learn as well there might have been altercation on this flight, an immediate perhaps triggering event. right. at this point we need to do the investigation. we need to find out what exactly happened. to the extent we can know it. we may never know what was inside his head that caused this to happen. and, you know, what his background is. so it s going to take more investigation to even have an idea of what happened here. tom fuentes, thank you. new information that being a photo of the shooting suspect here. i m going to go to our evan perez. that s right. this is a photo that we have of the suspect. you know, there was not a lot of we checked his criminal background. not a lot in his criminal background. very minor stuff that he that showed up in the records. and so this indicates that, aside from this recent visit to the fbi office in anchorage, alaska, there s really not much contact that police have had, law enforcement has had with him. we re told he has not shown up on any radar of anybody who is potentially extremist or radicalized. that s one of the first things unfortunately these days that law enforcement does when one of these cases happens, they check to see whether or not there s anything that comes up with regard to extremism. we haven t they haven t found any indication of that at this point. again, very few very minor criminal history is what we have in his background. and apart from just a couple months ago showing up at the fbi office in anchorage and exhibiting signs of mental illness that appears to be the extent of the law enforcement contact. significant law enforcement contact that this suspect had until today. jim? you re looking at the face there in that photograph of esteban santiago, the suspect in
this compromise bill. so as you mention the politics are fascinating. you have the president and vice president calling rank and file democrats asking them to vote in favor of the package. you had nancy pelosi and elizabeth warren on the other side saying stand up and fight. bottom line it got through. there were conservative defections because some of them wanted to vote to fight the immigration executive order. it now appears that that will happen in february when funding for homeland security is due to expire, sean. mike, thank you. joining us mow from the white house is fox s own ed henry. i guess we ve got a new world order in washington tonight, ed. we do. and why would john boehner not wait for the new congressional majority and just do a short-term cr? well, that s a good question. and i think john boehner s going to be facing that come january. everyone s going to run out of town now if in fact this gets through the senate. that s still a hurdle that has to be met. you ve got democrats like senator elizabeth warren saying she may hold all this up and do this. again, he keeps the government open. and that was a short-term priority. but medium and long-term the president gets his health care and immigration priorities moving forward. that s not what rank and file conservatives want. there are republican leaders tonight saying, look, what we did was set the stage for big battles ahead next year. we ll see. we ve heard that before. we re going to repeal obamacare. we re going to do this and then republican leaders don t follow through. we ll see whether their base is upset tonight or not, sean. ed, the speaker would have had more leverage with the majority of congress coming in in january here. as you pointed out health care is funded, obamacare s funded through october now of next year. immigration will come up, what, some time in february. february. there s no telling what they re going to do there either. the question is if every republican ran on the idea of repealing health care and replacing it, that s off the table now pretty much for the rest of the year, right? exactly. and, look, in fairness to john boehner, maybe he made the calculation tonight and we ll see the reporting in the hours and days ahead that as you re suggesting, look, he ll have a stronger majority in january and february and big deal he ll have mitch mcconnell majority leader, harry reid will be out as leader. so maybe john boehner is calculating we ll win the battles ahead on immigration and health care. but you can bet the president is calculating every time he wins one of these battles and gets funding for his health care law, funding for executive action on immigration, the president lives another day to keep moving the ball forward and delaying stoppages. so john boehner may be calculating he ll win down the road, the president is happy he didn t lose tonight. joining me from capitol hill our texas congressman louie gohmert. i want to start with this alliance because as they voted on the rule earlier today, there was a point they were down three votes. then you had a shift of a couple people in the final moments. but you had the president, jou had john boehner, rather, needing joe biden, needing the president, needing steny hoyer, throughout the day at any point were you consulted, were you brought in to the discussions? were you encouraged to vote for this? no. there was no encouragement to conservatives. the speaker and majority leader, these folks knew there s money for abortion, money for the epa to hurt states like texas, arizona. there s just all kinds of money in there for things we don t support. and, sean, you and i know some of us have gone to our leadership and said, look, we can do this very easily. let s do it together with conservatives. that s the bulk of our conference. don t make them take a wrong vote. let s fund everything for two months. let us have a vote on defunding obama s amnesty. and we ll even agree that the senate can take it out if they take the hard vote to do that and let it go from there to the president. we were willing to work with them to compromise. and not one word, as you know, the calls went to the white house when in a time that the speaker needed votes he turned to somebody that he really identifies with, the president and liberal democrats and got them to help him pass this vote. congressman, let me bring you in. the whip said tonight, we have set the stage for battle with the president of the united states. didn t they just give up a lot of leverage that they would have had with the new majority? do you agree with that statement? do you see any way now with the funding of obamacare through the fiscal year that there s any way it could be defunded at this point? not unless we put out a new spending bill. and i don t see that happening. also back to the question you asked louie, i went to leadership told them there is a bicameral, house is send it to the senate and stop folding before we even show our hand. i said if we would send it to the senate and then let it then work there will, we may be surprised. there may be a lot of democrats feeling pain and heat from the election that they ll do the right thing. but you never know. you never know if you always punt the ball. sometimes you ve got to run, sometimes you ve got to pass. but my frustration is i led the charge with the letter about a month and a half ago with 69 people saying we wanted to defund this. and we both voted against the rule. we did not switch our vote at the last minute. we believe the right thing to do was let the members have a vote on this amendment. but they didn t want it coming to the floor because they knew it would pass. if you would have passed a short-term resolution to fund the government, that you would have had the opportunity to maybe do some new bold and dynamic things. for example maybe deal with the issue of the budget deficit which wasn t addressed here, not fund obamacare. there s a new poll out today, 58% of the american people want it repealed that you could have addressed that issue. and john boehner, the speaker, you know, work with the president, vice president, harry reid to get this thing done. so one has to ask the question, did john boehner mean what he said when he talked about that they were going to defund obamacare, repeal and replace it? why is john boehner cutting deals with the president? he said he was going to fight it tooth and nail. and fighting it tooth and nail would have been to put our amendment on the floor. in three weeks we re going to all raise our right hand and swear to defend the constitution well, sean, what we did was only fund dhs for two months. so it appears the thing we want to take hostage is the department of homeland security. the border patrol. so the rule in taking hostages is never take a hostage the other side wants you to shoot. we go to the president, this is the way it plays out. this is the hand we re left with. we go to the president in two months and say, okay, either you stop your amnesty altogether, or we re not going to put border patrol on the border. last question. i m running out of time. do you think either one of you in any way, shape, matter or form that this impacts john boehner s running for re-election as speaker? is this going to come up in play now? i think he ought to be able to pick up some democratic votes for speaker this time. for capitol hill chad per gragr. you are in charge of updating all of us on comings and goings and you have been so detailed all day long. inside but very important to all of us here at fox. thank you for your great work. thank you. you started early this morning by talking about the rule vote and how the republicans almost didn t get that passed and a lot of drama. walk us through what happened. well, in the house of representatives on almost every piece of legislation that comes to the floor you first have to approve what s called the rule. this is just a procedural matter here. if you don t have a rule which governs the debate, you can t get to the actual bill. you have to do that first. this was very high drama in the house of representatives. at one point the democrats were actually beating this back by about three or four votes. then you had two members that came down into the well of the chamber, a republican who switched his vote from indiana, 200-213, that s a tie by rule and then a freshman who lost his primary, republican from michigan, he switched his vote and they passed it 214-212. that was really tough. and i talked to bentivolio later in the day and he said, look, there was this flash of political savvy that came about him and he was trying to be a little facetious, but he thought i thought maybe we could get a better deal if i voted to move this to advance that package there. so that was pretty high drama. otherwise this would have been dead in the water, toast, and they couldn t have gotten to this vote just about an hour ago in the house. interesting the speaker had to rely on the president and all the democrats. in this bill you ve got amnesty being funded to the tune of $2.5 billion, chad, when you break it all down in the varying departments. marsha blackburn says it funds king obama s amnesty. and then health care funded through the fiscal year october 1, correct? that s the interesting thing in this is all the fighting and all the skirmish over obamacare over the last five years on capitol hill, no new funding for obamacare. no new funding. so there was not really a fight over obamacare in this bill. that was the interesting thing. isn t that the leverage they gave up? that was the fight last fall. yeah. that s what some people think. and that was if you talked to conservatives like michele bachmann and steve king, they were very disappointed the night before last where this was not made an order their amendment to sort of shackle the department of homeland security, shackle the spending in some way the dhs would handle immigration services. and that amendment was not made an order. the problem of course then a democratic senate and harry reid probably wopt have thought too kindly of that and president obama would have veto that had and that would have invited a government shutdown. so this was the fine line that the republican leadership and specifically house speaker john boehner had to walk. to fight this next year on immigration. they certainly could have gone with a short-term cr otherwise the democrats would have been responsible for shutting down the government. chad, great job. obviously you helped all of us here at fox. joining us now fox news political analyst juan williams and from the weekly standard fox news contributor steve hayes. there s a reason in my mind, steve, that john boehner would need the president, the vice president, harry reid and steny hoyer in all of this. and i think it s pretty simple. i think the reason that obama would support him and biden and reid would support him is because they knew that the speaker would have more power and leverage if they did a cr into february. so the question is, why did john boehner do this? i understand why the president did, because i think this was a great deal for the president. yeah. there s no question, i was just talking to republican members of congress including conservatives who supported the deal. and they say in effect, look, that wouldn t have helped us much. we wouldn t have the kind of leverage that many people outside think we would have had. in any case what this shows is that democrats are divided or more divided than republicans. we ve seen this kind of infighting between republicans in the past. what we haven t seen is this open defiance of president obama from leaders of the left of the democratic party. i guess we could argue that the president s a lame duck and ed henry rightly so was making that argument all day, this would be a test of the president s power. the president did get enough votes to get what he wanted. he wanted this bill passed. and, juan williams, i ve got to believe this probably makes you happy because this is the best case scenario, the president gets $2.5 billion for illegal immigrants, he gets obamacare funded through october. you know, the whole different narrative going on here, sean, which is that you have the liberals up in arms over there because of the changes that are in this bill that allow, of course, more money to be spent in terms of blind money coming to campaign finance, but most of all rolls back some of the dodd frank financial stuff. so they re the ones that are angry at president obama. and i hear from, you know, steve king and you saying, oh, we re upset that boehner played along. let me tell you, it s the left here and the split with president obama that i think is the big story. but the president hang on, but president still got the votes he needed to want. he did. he wanted this bill passed. i understand all the people you re referring to, i read the adjustments to the dodd frank provision, but in the end the president got what he wanted. and i think he was astute enough. and, steve, i go back to my point he was astute enough to understand this was going to be the better deal because with the new majority in january, boehner would have had more power. and they constitutionally have the power of the purse. and i suspect the president feared that come february, right? well, that is precisely the argument david axelrod said on twitter. he basically said in 140 characters exactly what you just said. oh, great. i m done. you just ruined me, steve. you just ruined my life. what are you doing? i was telling the truth, sean. i report. you decide. you report, i decide, i m dead. look at how juan williams is smiling. he s giddy. i could go crazy but this is where we are in the politics of the moment. it s crazy. the senate just voted to say we re going to continue this for two more days so there won t be a shut down. and they re going to have a fight because elizabeth warren and left wing politics so angry at wall street is going to be on full display in terms of saying the citi double cash card. the only card that lets you earn cash back twice on every purchase with 1% when you buy and 1% as you pay . with two ways to earn, it makes a lot of other cards seem one-sided. is a really big deal.u with aches, fever and chills- there s no such thing as a little flu. so why treat it like it s a little cold? there s something that works differently than over-the-counter remedies. attack the flu virus at its source with prescription tamiflu. and call your doctor right away. tamiflu is fda approved to treat the flu in people 2 weeks and older whose flu symptoms started within the last two days. before taking tamiflu tell your doctor if you re pregnant, nursing, have serious health conditions, or take other medicines. if you develop an allergic reaction, a severe rash, or signs of unusual behavior, stop taking tamiflu and call your doctor immediately. children and adolescents in particular may be at an increased risk of seizures, confusion or abnormal behavior. the most common side effects are mild to moderate nausea and vomiting. ask your doctor about tamiflu and attack the flu virus at its source. this a fox news alert. a government shutdown has been avoided. a short time ago the house passed a $1.1 trillion spending bill that was reported by both speaker boehner, president obama, harry reid and vice president biden. and as you can imagine this measure did not sit well with a number of conservatives including me and including congressman jim bridenstein. he put out this tweet explaining why. i think it quotes it very well. he says, here are just the five of the main reasons i will be voting now on the omnibus bill that fully funds obamacare, over 1600 pages long, actually 1774, and spends $1.1 trillion filled with political favors. here with reaction minnesota congresswoman michele bachmann and iowa congressman steve king. i know you tried to persuade the speaker and leadership all day to go for a short-term cr. what is the possible explanation why they would not do something that was so smart that would have given them more leverage and power come the new year? well, i think the reason why they did it is because the political establishment made a decision months ago this they were going to get amnesty. and they were going to pay for amnesty. the executive amnesty is what they didn t like. president obama doing it alone. but they wanted amnesty. let s not mince words. both republican and democrats, the leadership, the establishment, wanted to have amnesty hold on. are you saying, congresswoman, that this deal was struck, we think back in september when they decided remember when they decided to move this deal to december i forget the exact month. but you re saying that you think john boehner sat in a room with barack obama and said we want to, a wink and a nod, and this is how we ll do it? you believe that happened? the political establishment wants full-on amnesty. they were going to get it one way or another. they wanted it all done before the new senate was sworn in. i think the main thing we need to know is this vote never, ever, ever, in any parallel universe would have happened the week before the election. it wouldn t have happened. people? did john boehner cut a back room deal on this? and is that why he did not accept the power of the new majority when he would have had more authority? do you believe that some type of back room deal was made, congresswoman? a deal was made. there s no question. a deal was made. they wanted to have amnesty. they were completely fine with amnesty they don t want to de-fund obamacare? they don t want to de-fund it and replace it? all i know is this afternoon the speaker gave a private meeting to steve king and i. we offered a positive alternative that would unify the gop and get this deal done. john boehner told us he was going to do the cromnibus did john boehner make a deal with president obama? yes. i think no good ideas outside of that deal were going to be considered unless we could have succeeded on taking the rule down. and at that point we would have had a new ball game. and i think we had a chance. but we failed by a vote to take the rule down. we were close. that s when we lost. all right, guys. thank you both. it s a sad day that john boehner doesn t realize there was an election, the people have spoken. and you re right, congresswoman, if this vote took place a week before the election, this never would have happened. never would have happened. that speaks volumes about politics in washington and how john boehner has disrespected the people that voted for all those republicans tonight. that s my take on it. thank you both. coming up, the architect, karl rove, he s here to weigh in on the cia s enhanced interrogation report. that and another live update as breaking news continues on capitol hill. we ll check in with rich lowry and scotty hue straight ahead. i don t care whether you have a ph.d. or an mba. everyone has questions about money. you know, i think about money kind of a lot. -money s freedom. -money s always on my mind. credit cards. -mortgage. -debt. it s complicated. it s not easy. i m not a good budgeter. unfortunately, i m a spender. i would love to learn more about finances. so there s questions about the world that all of us have, especially about money and finance. the goal of khan academy and better money habits and the partnership we re doing with bank of america is to give people the tools they need to empower themselves. now, among the many issues and concerns discussed brennan explained that there were times when cia officers exceeded policy. but despite much debate the techniques did in fact produce useful and valuable intelligence. in many respects the program was uncharted territory for the cia and we were not prepared. we had little experience housing detainees and precious few other officers were trained interrogators. but the president authorized the effort six days after 9/11 and it was our job to carry it out. there was useful intelligence, very useful valuable intelligence that was obtained from individuals who had been at some point subjected to eits. whether that could have been obtained without the use of those eits is something that again is unknowable. here with reaction fox news military analyst lieutenant general thomas mcinerney. general mcamericinerney, i apol to me this is outrageous because it s going to put people s lives in danger. but dianne feinstein write a report about enhanced interrogation and not a word about a drone program by obama killing thousands of innocence. do you see the irony. i do. dianne feinstein has normally been a very balanced senator running that committee. in this case it was a very partisan report. the points that you re making of the dichotomy of what i would call enhanced torture and the killing of enhanced torture or interrogation? excuse me. enhanced interrogation versus the drones killings, it is a sharp contrast. and the fact is this report is the most dangerous report, i believe, that has ever come out of the congress to our national security. yeah. it is very, very harmful to the people that it has presidential approval, it had d.o.j. approval, the leadership of the cia was watching it very closely as john brennan just talked about. and so what is going to happen in the future to our people today in the drone wars that they re going to say six years from now they re going to come and say i committed a murder by shooting insurgents and radical islamists? it is very, very dangerous. and i believe the blood will be on her hands for this report. very strong words. and i agree with those words. if something happens, blood will be on her hands. mike baker, i like to use this analogy. imagine any parent that s watching this program. two kidnappers take your kids out of their house, out of your house, you run after them. you tackle one of the captors. you have that captor. the other guy gets away with your kids. where will you stop in terms of getting information to identify where your kids have been taken? i can speak for myself. i will stop at nothing to get that information. is that a similar analogy after 3,000 americans died? well, i mean, it is. and a lot of people agree with you, feel the same way. we know because we ve spent years and years debating the interrogation rendition program. we know there are some folks you re never going to shift from their position. either talking to a detainee or everything else is torture. as director brennan pointed out as well as previous directors and managers, they did play a role. the problem is this report, and i run a company that does complex investigations all around the world. if anybody came to me and brought me a report based on investigation and i say who did you talk to, we didn t talk to anybody. and more so we had a finding and wrote a report around it rather than let the evidence guide you than deciding your findings, i would suspend those people and give the client their money back. that s kind of what we re dealing with here. very disappointing use of $40 million. i think it s important to have these conversations. of course it is. talk about policies and procedures. but you would like to think that, you know, we would come far enough in this whole discussion that this thing would have been objective, unbiased and they would have taken the time and done the hard work to find everybody involved from the administration, the agency, sit down. they didn t do it. and that s well said. 6,000 pages they never spoke to any of the key people involved in the interrogation program including cia directors tenant, michael hayden or jose rodriguez who was in the cia and oversaw this. general mcinerney, mike baker, appreciate it. meanwhile dick cheney blasted the cia the vice president also set the record straight about then-president george bush s knowledge of the cia s interrogation techniques. take a look. i think that he knew everything he needed to know and wanted to know about the program. did he know the details? i think he knew certainly the techniques. we did discuss the techniques. there was no effort on our part to keep him from that. he was just with the tariff surveillance program. he had to personally sign off on that every 30 to 45 days. so the notion that the committee s trying to peddle somehow the agency was operating on a rogue basis and we weren t being told or the president wasn t being told is just a flat out lie. here with reaction former senior adviser to president george w. bush, fox news contributor karl rove. we had jose rodriguez on the program the over night. heover saw the water boarding of khalid sheikh mohammed and other instances. he says without that technique we wouldn t have found the courier which led us to bin laden. if he was there and he saw and had the information and they don t interview him for this report, how do they possibly come to the conclusion that they did that this did not help find some of these terrorist sns. well, look, it clearly did. and there s plenty of evidence on the record, including president bush s own book in which he talks about on pages i believe it is 168 through 170 where he talks about the origination of this program. it begins with zubedah initially coughed up information and then he shut up. and he became uncooperative. the cia, there was a high level of chatter about follow-up attacks on the united states. the cia comes to the president and says we need to have additional authority to undertake some additional interrogation techniques, the enhances interrogation techniques. here are 13 of them. bush has them reviewed by the lawyers and approved. and he determines he s uncomfortable with two of them and authorizes use of the other 11. he gets broken. after waterboarded he literally says you have to do this for all the brothers. we ve been told not to talk. this frees me from my responsibility. you must save my other brothers by doing this. he coughed up information the recruiter for osama bin laden. this guy is the logistics master mind for 9/11 and the post-9/11 plotter. he s the guy in charge of figuring out what to do in follow on attacks. we get him. he initially is problematic. he s subjected to these techniques. he begins to cough up information. and the information from zubedah and lead us to khalid sheikh mohammed. remember he said i ll see you in new york with my lawyers. we remember how he sort of taunted america. once he broke though he led us to the efforts in southeast asia and gave up his brother in charge of the effort to attack the west coast of the united states. and we swept up 17 members of his cell. and they were in training probably to use aircraft to attack places on the west coast. the idea that somehow or another these techniques did not i mean, we knew about canary war, we knew about attacks on hethrow. karl, very well said. why do you think dianne feinstein did this then? look, i think she s being driven she reminds me of the red queen in alice in wonderland. conclude first and allegation second. left wing staffers spent $40 million and six years in a vendetta against george w. bush in order to attack the fundamentals of the cia, in order to attack the record of the previous administration and achieve a partisan political goal. i m sorry to see her do this. i think your previous guest was right. she s forever going to bear this as a stain on her record. last question about a top story tonight. why do you think john boehner went for an omnibus bill to fund the government for the entire year rather than a continuing resolution where they would have more power in the purse with the new majority both the increase majority in the house and obviously the majority in the senate? why would he do it that way? well, they ve got two tracks. they wanted to get most of the government funded through the balance of the fiscal year. it is stupid for us to be funding a $3.5, $3.7 trillion enterprise called the federal government. he wants to return to regular order and use the leverage of funding through the end of the year to get significant concessions from the democrats. they kept a short leash on homeland security so that we can have a battle next year from the position of strength with majorities in the house and a majority in the senate to help us but it fully funds obamacare. well, look, you think the united states senate is going to go along with an effort to de-fund obamacare? we can t get 60 votes in it next year now coming up, we re going to have more on tonight s breaking news out of washington. when we come backse, i m going explain why i think john boehner needs replaced as speaker and our question of the day. well, when you have copd, it can be hard to breathe. it can be hard to get air out, which can make it hard to get air in. so i talked to my doctor. she said.. doctor: symbicort could help you breathe better, starting within 5 minutes. symbicort doesn t replace a rescue inhaler for sudden symptoms. symbicort helps provide significant improvement of your lung function. symbicort is for copd, including chronic bronchitis and emphysema. it should not be taken more than twice a day. symbicort contains formoterol. medicines like formoterol increase the risk of death from asthma problems. symbicort may increase your risk of lung infections, osteoporosis, and some eye problems. you should tell your doctor if you have a heart condition or high blood pressure before taking it. grandfather: symbicort could mean a day with better breathing. watch out, piggies! child giggles doctor: symbicort. breathe better starting within 5 minutes. call or go online to learn more about a free prescription offer. if you can t afford your medication, astrazeneca may be able to help. we put all the apps you love inside a car designed to connect you to a world of possibilities. the connected car by volvo. innovating for you. give the gift of volvo this season and we ll give you your first month s payment on us. i believe the president continues to act on his own. when you play with matches, you take the risk of burning yourself. and he s going to burn himself if he continues to get on this path the american people made it clear election day. they want to get things done. and they don t want the president acting on a unilateral basis. john boehner talking tough on the issue of amnesty but unfortunately that is all it was. conservatives feel they have been burned with aligning them self was the president to pass a spending bill just a short time ago. joining us now, scotty hughes. john boehner bloomberg conservatives tonight and by that, i mean, conservative base in particular, and michelle bachman hit the nail on the head he never would have done this before the election. he has no inspiring vision and to me, he s a democratic party light. he doesn t have those bold difference that s reagan talked about. he should not be the speaker and should be replaced reaction? if on twitter now, the majority of the american as agree with you, sean. we ve got issues with boehner all along. over two years sh he should go. he was with pelosi with insider trading and visa bill. he s had issues all along. this is a great opportunity, i think. john boehner is full of it. what do you think? no one else wants the job so he s not going anywhere. one theme we ve heard is that congress shouldn t pass enormous bills without knowing what is in the bill. out of 1603 pages they added more pages nobody has read. and what bothers me about this, it funds $2.5 billion for illegal imgrants, funded then, we ve got obamacare funded through the year. he s not doing his job representing an alternative vision for the country. it seems he s cowardly and has a fear of being blamed for a shut down, no vision to inspire the country that he has an idea that is going to solve problems we face which are great at this moment in history. it s amazing how democrats are praising elizabeth warren in the senate. listen. go elizabeth. she called people that wanted to shut down the government. let me go back to the tweet. because this is how he summed it up. it funds obamacare. and is filled with political favorites. they could have defunded obamacare and offered an alternative. they could have taken the president on with his un-constitutional, unlawful action. and shown they re tough. has the party been desperate to push something through if they re going to gain power? they re afraid of the shut down and gave into appropriators that crafted these bills and wanted to be done with it. they could have had a vote you re getting senate democrats on record, for pushing back against the president s amnesty. now, you ve created this huge skepticism. i expect it s john boehner trying to sabotage the republican party and boehner now, i think he s a wolf in sheep s clothing. when we come back, our question of the day. straight ahead. depreciation they claim. how can my car depreciate before it s first oil change? you ask. maybe the better question is, why do you have that insurance company? with liberty mutual new car replacement, we ll replace the full value of your car. see car insurance in a whole new light. liberty mutual insurance. i m d-a-v-e and i have copd. i m k-a-t-e and i have copd, but i don t want my breathing problems to get in the way my volunteering. that s why i asked my doctor about b-r-e-o. once-daily breo ellipta helps increase airflow from the lungs for a full 24 hours. and breo helps reduce symptom flare-ups that last several days and require oral steroids, antibiotics, or hospital stay. breo is not for asthma. breo contains a type of medicine that increases risk of death in people with asthma. it is not known if this risk is increased in copd. breo won t replace rescue inhalers for sudden copd symptoms and should not be used more than once a day. breo may increase your risk of pneumonia, thrush, osteoporosis, and some eye problems. tell your doctor if you have a heart condition or high blood pressure before taking breo. ask your doctor about b-r-e-o for copd. first prescription free at mybreo.com you think it smells fine, but your passengers smell this. eliminate odors you ve gone noseblind to for up to 30 days with the febreze car vent clip. female passenger: wow. smells good in here. vo: so you and your passengers can breathe happy. time for the question of the day. did speaker boehner make a mistake by teeming up with reid? you know he never would have done this before the election. that is all you need to know. he sadly, i ve got to say that he represents everything that is wrong with washington.
robbie mook calling on the fbi to give donald trump the same treatment it gave to hillary clinton. all that we re asking, so that reporting can be fair, is that the information get released. release whatever information they have, and then if you re in the business of releasing information about investigations on presidential candidates, release everything you have on donald trump. release the information on his connections to the russians. maybe there are investigations now into his taxes. trump s taxes may not have been legal. reports of the maneuver trump used conferred enormous tax benefits on him losing vast amounts of other people s money by exploiting a loophole. today clinton sought to remind voters of trump s treatment of women. she appeared with alicia machado who trump shamed over two decades ago. even instructing his twitter celebrity, who wouldn t let you into one of his hotels unless you were cleaning the room, wouldn t let you on one of his golf courses unless you were mowing the fairway, come on. this guy is going to be your champion? i m joined now by congressman elijah cummings, the ranking member on the house oversight and government reform. congressman, it s been a remarkable few days since the comey announcement. we still basically don t know anything about what it was. there was a fairly strong consensus has emerged that it was probably the wrong judgment by director comey. are you worried about the integrity of the fbi right now as we have this sort of cascade of leaks emanating from the bureau unnamed sources pointing this way and that and we re collecting an election under these circumstances? i am worried about the integrity of the fbi. mr. comey, when he came director comey when he became before our committee, he made it clear back in july that he did not want to and would not subject hillary clinton to a double standard, and that s exactly what is happening here. as a lawyer, i can tell you the integrity of the fbi is very important. the american people basically want fairness, but here it appears clear that there is a double standard. on the one hand, chris, we have been informed through this very vague letter about the investigative steps being taken by the fbi with regard to hillary clinton but on the other hand when it comes to donald trump and his advisers and the russian government and their efforts to undermine our election system and our situation here in the united states, we don t get a word. and a number of us in congress have asked for months about information with regard to mr. trump, his advisers and the disaster and a nightmare because we will make it so if you elect hillary clinton. and that is not our way of the government in the united states of america. we re better than that. when you put out those kinds of statements, i think they re counterproductive, they re not patriotic and they go against every single thing our democracy stands for. and keep in mind, those kinds of words i think play right into the hands of mr. putin. no doubt about it. and so i think that the whole idea of telling people, like some of the senators have said, that they would not go along with appointing a supreme court justice for four years, those kinds of statements and then the whole announcements by trump talking about he doesn t believe in the elections and that they re going to be rigged unless he wins, all of those things is like a hijacking of our democracy. and i for one will not stand for it. i don t think the american people will stand for it. congressman elijah cummings. appreciate your time. joining me now senior spokesman for the obama campaign 2008. now here as a consultant. also middle reliever for the cubs, got left off the roster. you know democrats, you know liberals, they get panicking. let s start with the map. you got this situation where this is sort of a quadrennial tradition in which the republicans said they would campaign in blue states, there was a huge rally in pennsylvania. it didn t work out for him. you got something similar this time around. is this a head fake or is there real softness in a state like michigan that hillary clinton herself is going to on friday? listen, the president visited wisconsin in 2012, bill clinton was in pennsylvania the day before the election in 2012. it s smart for democrats to really solidify their base and get to 270. i don t see that as really any worry about michigan. what i do think is needed is rallying some enthusiasm, especially among african-american voters. that s what this trip is about. democrats are bed-wetters and not unlike cub fans and i can speak as both a democrat and a cub fan. we tend to worry. but the thing here is we have to go back and look at the fundamentals of this race. the fundamentals of this race really are exactly the same. the map is exactly the same. we start out with 242 electoral votes if we win every state that we ve won for the last six elections. that gets us past 270. the math in these swing states is very much in our favor and moving more and more so. finally our organizing advantage is tremendous over donald trump. so we know based on the work and investment that we put in the data and our field and our organizing efforts, we know the voters we need to reach, the ones that voted early, the ones that we need to turn out on election day. the structure that democrats have in place should give us great confidence just like the cubs starting staff did. well, right, to extend the metaphor, right, bad stuff can happen. so if that s the sort of structural advantage, right right. for instance, one of the things we ve seen is we have seen lower levels of african-american turnout in early voting in states of north carolina and florida. much of that can be ascribed to early voting was cut back in predominantly black areas shockingly by the republican government. this is the first time the democratic party is trying to preserve the coalition without the first black president. that s absolutely true. i do think there s some cause for concern around african-american turnout in enthusiasm, we re seeing that in the numbers. but at the same time especially in early vote numbers democrats have pumped up their registration numbers and turning out hispanic voters in rates. if you look at florida as of saturday or the equivalent saturday four years ago, we ve got 660,000 democratic votes. we have 1.4 million democratic votes already in the bank, right? same thing in nevada where turnout is up, in colorado where democratic turnout outpaces republican turnout in the early vote by 30,000 votes already. so yeah, we do need to look at african-american voters and ensure that we re able to drive out our base for the next seven days, but we ve also identified other groups that are moving forward and actually producing votes. hari sevugan who will be very happy after he checks his phone after this. the flow of outrageous behavior doesn t seem to have lasting impact on his polling. michael moore joins me to talk about that. niece. i don t use super poligrip for hold, because my dentures fit well. before those little pieces would get in between my dentures and my gum and it was uncomfortable. even well fitting dentures let in food particles. just a few dabs of super poligrip free is clinically proven to seal out more food particles so you re more comfortable and confident while you eat. so it s not about keeping my dentures in, it s about keeping the food particles out. try super poligrip free. i ve never liked marijuana. but i m voting yes on prop 64 to legalize marijuana for wbr id= wbr9577 /> adults 21 and over. /b> it has important safeguards for families, like strict product labeling and child-proof packaging of all marijuana products. and banning edibles that would appeal to a child. raising a teenager, that regulated system makes a lot more sense than what we have now. plus, 64 taxes marijuana to fund priorities like after-school programs. personally, marijuana s not for me. but my mind s made up. i m voting yes on 64. but my mind s made up. keeping the power lines clear,my job to protect public wbr-id= wbr9877 /> safety, while also protecting the environment. the natural world is a beautiful thing, the work that we do helps us protect it. public education is definitely a big part of our job, to teach our customers about the best type of trees to plant around the power lines. we want to keep the power on for our customers. we want to keep our community safe. this is our community, this is where we live. we need to make sure that we have a beautiful place for our children to live. together, we re building a better california. amid all the talk of tightening polls, this race has been remarkably consistent even if not particularly steady even if the news has been otherwise. every time the republican nominee has done or said something seemingly beyond the pale from attacking a judge over his family s heritage to mocking a former miss universe s weight even getting caught on tape bragging about sexual assault and having 12 women come forward and accuse him of sexual assault. every time donald trump has done or said something that would have ended any other candidate s chance chances. michael moore in trumpland is playing in select theaters and available on itunes. you ve got this line about him being a molotov cocktail. and i think it jives with things i ve heard from trump voters and even folks who are not hard core trump voters. people acknowledge his flaws. there s a certain hard core that have a personality cult, but a lot of them are like yeah, he says dumb stuff. you said he s like a molotov cocktail. then donald trump tweeted at you, i agree, michael. i am your voice. vote to drain the swamp. yeah. well, you know, there s one thing about him. he has no filters. and the fact that he would acknowledge what i m trying to point out to people, that he is intending to blow up the system. right. you re right. he tweets me, he s a self-acknowledged anarchist who plans to go in there and just blow things up. so i think this is something that we need to be very concerned about. the other part of this, though, too, is all those things you listed about every time something bad happens to him, he dips for a second, but then he just gets stronger. i can t remember the name of that science fiction film from the 50s, but the creature any time any negative energy comes at it it makes him stronger. although he returns to this kind of base of support. it s not like he gets well, that s true. and what happened with comey, you know, he had hasn t really picked up any new votes from that, she hasn t really lost any. i think the real danger of what the finn director did is that her and i hear this now i ve been out in the states in the last few days. her support, a small percentage of it has weakened in the sense that they re still going to vote for her the enthusiasm. it s the bummer. okay, yes, i m still voting for her. it strikes me as awesome for folks who lived through the 90s. a sort of reminder of the sort of like star chamber spanish inquisition kind of treatment of bill clinton. right. and this idea in the back of your head even if you re a partisan democrat or liberal or supporting him, oh, my god, this will be the next four even people who support her or vote for her will be, i can t believe she did like what? what did she do? what did she have to do with anthony weiner? she has nothing to do with him. why are we talking about this? why does he have anything to do with this? but i just think that, you know, i watched on morning joe this morning, they played this the way we were theme song under all these democrats who three months ago were praising comey and you re the greatest thing since sliced bread. if i could take you home and marry you, i would, comey, i love you. and then it s like, oh, oh. but that is part of the fundamental dynamic here and something you talk about in trumpland and something that you have an interesting perspective on because i think you i think you find the polarization, the partisan polarization in the country unnerving and upsetting even if you have very strong political views, right? i don t think you think of yourself as some centrist, but the degree to which partisan corners is upsetting. no, i think it s okay. i have strong feelings about the thing i believe in. right. and those who don t believe in what i believe in and feel strongly, but we ve lost our way in the sense that we can just have the great debate and then get on with it. the republican candidate has said if he loses the debate, if he loses the vote, he s essentially called for and inciting riots, which i think is still against the law. this was a law set up mainly against unions and black people and, you know, lefties. but the fbi director should be paying him a visit asking him what are you actually intending on november 9th should you lose? what are you telling the people? right. but we also don t want no, i don t want him arrested or anything. a candidate to be hemmed in by the fbi director. but if he s planning for riots, we need to plan for them ourselves. i don t think he s planning on riots. i think what has happened is a consistent undermining of the notion of the integrity of the process. that s been the common theme. if i m losing, then it s rigged, right? yeah. yes. well, listen, i think listen, here s my big concern right now, and especially with this abc poll out today where he s ahead by a point. just walking in here liberals on the streets of new york, mike, mike, what are we going to do? i said, man, come on, buck up a little bit here. you know, yes, treat it i ve been saying this for months, trump can win. i ve been one of the few on the left that s been saying this. now everybody gets it. right. nobody is sitting back watching us going the heck with all this. complacency. we re done with that. now let s get excited about the fact that we live in a very liberal country. you go down any of the issues, the majority of our fellow americans agree with us. climate change, paying women the same. plus six out of seven presidential elections with a democratic plurality majority. and two of those elections our felly americans voted for a guy whose middle name was hussein. who was a good segue who said something today that echoed something you ve been saying about how men feel about the first women president. i ll share that if you stick around. yes. from food alone. let s do more. add one a day women s gummies. complete with key nutrients we may need. .plus it supports bone health with calcium and vitamin d. one a day vitacraves gummies. you know what, guys? there s a lot of tree branches and dry brush over here. we should probably move the bonfire over there. [smokey whistling a tune] i m guessing smokey liked that idea. is voting to kind of look inside yourself, if you re having problems with this stuff, how much of it is that we re just not used to it? so you know, like, when i a guy s ambitious and out in the public arena and working hard, that s okay. but when a woman suddenly, why is she doing that? i m just being honest. i want you to think about it. because she is so much better qualified than the other guy. president obama in columbus, ohio, asking men to think about whether they are being sexist when it comes to scrutinizing hillary clinton. still with michael moore. i thought that was an amazing moment for the president, sort of saying to men out there, ask yourself if you re having some reaction to hillary clinton what that s about. yes, what is that about? well, i ll tell you what it s about. it s the muscle memory of 10,000 years that s in our dna when we ve run the show forever. and now in the most powerful country on earth, next tuesday possibly, hopefully, a woman is going to lead the most powerful country on the earth. in other words, the 10,000-year reign is over. and come on, give some of these guys a little bit of empathy here. it s a bit of an adjustment to have it be one way for 10,000 years although that s a look, i know this is sort of a slightly comedic conceit on your part, but that s an oversimplification. no, i don t think so. when you say oversimplification with men, you re being redundant, let s be honest with men of our own gender here. guys have got about a week to wrap their heads around the fact that hillary clinton is going to be president of the united states and this is going to be good for us. guys, seriously, guys, if you re watching, this is really good. let women run the show. it will be a lot less stress on us. they live three years longer than us. i feel like this is the sort of mars/venus shtick, where to me it s more about the fact that we re all independent-thinking citizens. yes. and we should be making judgments about who we think are the best we should, but we re still guys. there s no way around that. even though all of us guys have a little bit of estrogen in all of us. but this feels like i guess my point is there s a certain amount of male privilege, right? yeah. certain amount? like yeah. huge amount. yeah. and you can feel the palpable crisis of masculine authority happening in this election. yes. and they re going to have to get over it. they will get over it. i am old enough to remember signs that said whites only and colored only. i grew up in a time when the n-word was used as often as you would say the word kleenex. that s the era i grew up as a child. those people had to change. the future came in. everything moved forward. these men are not going to be able to stay this way. they ll get on board the train and thaey ll realize that actually having women who have a say in what s going on, makes the planet, makes your life actually better. the movie is michael moore in trumpland. as we close, cubs fan, chris hayes, has a 200-inch screen over there. yr you blowing up my spot, michael moore? he has like a look at this. look at this. we have no express written consent. thank you, thank you, thank you for snitching. michael moore. coming up vote for hillary. a judge just ruled the rnc must explain their ballot security plan. 3 kids, childcare they can trust and afford, equal pay for women, and jobs they can really live on. people ask me what will wbr-id= wbr18248 /> be different if i m president? well kids and families have been the passion of my life and they will be the heart of my presidency. i m hillary clinton and i approve this message. to send people to polls in order to intimidate people in order to suppress the vote among a particular group, which is precisely what the republican party was doing in new jersey in 1981 when it employed off-duty law enforcement officers to polling places in minority districts wearing arm bands called national balt security task force and in some cases, firearms. democrats sued and as part of a so-called consent decree still in place to this day, the rnc agreed to refrain from tactics that could be used to intimidate voters. but donald trump and his allies have been flirting with those types of tactics. telling supporters to monitor polls in largely black locationsp you can sign up to be an election observer and, quote, help me stop hillary from rigging this election. they plan to videotape voters and conduct fake exit polls. the group even allowed poll watchers to print out official looking badges although after questions from the huffington post, stone took down that function. why he plans to conduct the fake exit poll. the clintons fear this program because they would like to, you know, get away with the perfect crime. rigging the machines would be the perfect crime. and therefore, this really threatens them because it is the only tangible proof we may have of the hijack. there is, of course, no basis for that accusation whatsoever. democrats have now filed federal lawsuits against trump, stone and state parties over intimidating parties in four states. they re seeking, among other things, to block volunteer gop poll watchers from harassing or photographing people and prevent aggressive question of voters waiting to cast their ballot. in a separate case a judge ordering the republican national committee to detail any agreements it has with donald trump s campaign to engage in ballot security efforts. after they indicated they were working with the rnc to monitor poll violations in direct conflict with that same decree. the trump campaign and the republican national committee are working very, very closely with state governments and secretaries the of state all over the country to ensure ballot integrity. let s start with this. you ve got people can go to polling places to watch, right, campaigns, lawyers, different people can go there, a public place. what were the kinds of activities that were being engaged in that led to that consent decree that tipped something over from being an observer to essentially engaging in voter intimidation? in 1982 or in 1981, the election, what they were doing was they put law enforcement at these polling places, and they targeted black and latino polling places in new jersey and so just by force of those officers being there with badges and, you know, calling this program ballot security program when in fact, you know, their ballot security is what we would call intimidation. and they targeted voters of color. right. and then fast forward 2004 one of the things, the advancement project, my organization, we actually intervened in that case because the rnc and the state parties, including the state party in ohio, had started conspiring again to do another ballot security program. and what happens is because that court order is still in place the gop has to go to new jersey and get approval of that court before they engage in any kind of ballot security program. they hadn t done it in 2004 and i m sure they haven t done it this time. they have to go before a federal judge and say, hey, look, this is our plan, does this violate the consent decree? because they want to make sure they re not targeting voters of color again. this is a little tape that came from florida, an early voting site, these are trump supporters outside sort of engaging in hectoring, i guess you would call it. take a look. how many syrian refugees are you taking into your home? i want to of you hypocrites. you want somebody else to pay for it. you re hypocrites. because they re standing by the signs we know they re the legally prescribed distance from the polling place. that s first amendment protected. we re talking about people that are inside that cordon, inside polling places, right? right, right. so most states do have laws about how close to the polling place you can get, like a hundred foot rule in many states, 100 feet from the front door. they have to stand outside of that. of course, the first amendment does protect them. but if their actions do get to the level of intimidating people or threatening people, that is where they have violated the law. the other thing is that we have to be careful about people who are inside the polling place, right? so poll watchers, and in many states there are rules by which they have to sign up to be poll watchers. and then they can t be inside intimidating voters either. you can t have people sort of just walking up to voters and saying, hey, are you registered? you can t do that, right? just to be clear. no, we cannot have havoc and chaos in the polling place. and so those are the kinds of things that we ll be looking out for on election day as part of the election protection coalition because while we re protecting voters they are so-called protecting the ballot. we want to make sure that people don t get threattened and intimidated in the process. thank you for being with me tonight. thank you. they ll hold the open supreme court seat hostage for four years if clinton wins. more on that ahead. thing 1, thing 2 starts right after this break. [ sighs ] [ rumbling ] [police siren] jess: how many did you have? shawn: i should be fine. jess: you should be? officer: sir, go ahead and step out of the vehicle for me. shawn: yes, sir. bud: see ya, buddy. today, shawn s got a hearing, we ll see how it goes. good luck! so, it turns out buzzed driving and drunk driving, they re the same thing and it costs around $10,000. so not worth it. electorate. or when donald trump lashed out and disparaged alicia machado in the debate. and twitter has served as a public record after trump denied calling climate change a hoax in the first debate, fact checkers pointed to several times when trump in fact called global warming a hoax. but given the prominent role twitter has played in this election it s easy to forget how young the platform is. president obama his first tweet coming in may of 2016. six years in they re finally giving me my own account. what had become of @potus. no, i picked the wrong insurance company. with new car replacement™, we ll replace the full value of your car plus depreciation. liberty mutual insurance. his @potus handle will remain with the white house and be available to the incoming president. he ll move over to potus 44. bonus perk, the new president gets to keep the 11.1 million followers already amassed on that account. but all the existing tweets will be moved on inauguration day giving the incoming potus a field to fill as he or she pleases. (ee-e-e-oh-mum-oh-weh) (hush my darling.) (don t fear my darling.) (the lion sleeps tonight.) (hush my darling.) man snoring (don t fear my darling.) (the lion sleeps tonight.) woman snoring take the roar out of snore. yet another innovation only at a sleep number store. fixodent plus adhesives. there s a denture adhesive that holds strong until evening. just one application gives you superior hold even at the end of the day fixodent. strong more like natural teeth. even then his endorsement of trump was slow in coming. but now ryan, says this person who he cannot bring himself to name, should be the most powerful person in the world. i stand where i stood all fall and all summer. in fact, i already voted here in jamesville for our nominee last week in early voting. we need the support our entire republican ticket. you voted for donald trump and you re encouraging republicans and democrats and independents, anybody who will listen, to vote for donald trump to stop what you re talking about, the clinton corruption? i am supporting our entire republican ticket. i have been all along. he cannot bring himself to say the name of the man that he thinks should control the nuclear arsenal. republicans have also for nearly a year now been promoting a made-up rule that they needed to wait until after the election to consider a supreme court nominee. now that they re worried that clinton will win, they are forming a complete new untenable position. that s after the break. i love that my shop is part of the morning ritual around here. well, my answer to you into be it isn t going to happen. period. and if hillary clinton becomes president, i m going to do everything i can do to make sure that four years from now we still got an opening on the supreme court. burr is not alone in this. senator ted cruz said there is certainly long historical precedent for a supreme court with fewer justices. that s a debate we re going to have. and prior to that john mccain said that republicans would be united against any hillary clinton nominee before suggesting that hearings would be had. just how remarkable this is. justice antonin scalia died with 140 days left in the sitting term. it would take the president s staff of not granting the sitting president s nominee judge merrick garland a hearing because republicans had invented a new rule saying that in the final year of the president s term they could refuse to give a hearing to the president s nominee because the american people had to weigh in. the american people should be afforded the opportunity to weigh in. we think that the american people need a chance to weigh in on this issue. let s let the american people decide. put off till after the election. this should be a decision for the people, george. let the election decide it. okay. very clear. let the election decide. now as we approach the election, the possibility they will lose this election looms, some republicans are now changing their story and saying that even after they declared the election a referendum in the supreme court vacancy, they may ignore the result if it doesn t go their way and proceed to take a sledgehammer to constitutional traditions. joining me now sabrina, let me start with you. i ve been having this debate for months now. the republicans will block a hillary clinton nominee if in fact she wins. and people said, you re crazy. they re going to have to come around. you ve been doing some reporting on this. what are you hearing? well, i think there is a split that s emerging and in part because you have a faction of republicans who are creating this new litmus test that if you re a true conservative you re going to block any nominee the potential clinton presidency puts up. i talked to marco rubio about this topic. he said he won t predispose, is the word he uses, any nominee proposed by clinton to that kind of test, implying that they might get at least a hearing. then you have jeff blake who has actually said we should just confirm merrick garland in the lame duck because clinton will probably appoint a more liberal just. where do they want to go after this election and how do they want to resolve what we call trumpism if in fact hillary clinton wins and this is how they created trumpism by putting up promises they were never going to be able to keep. if you say we won t fulfill a supreme court vacancy for four years that s not a tenable position and that s what will cause the grassroots uprising that caused people to select donald trump. what do you think of that theory? obstructionism is almost inevitable. this is the new dividing line in the republican civil war. this is the litmus test for anybody in 2020. i try to imagine how american politics would be different if republicans would say we won t overturn row versus wade and democrats would say we won t overturn heller. but there s a reason why republicans are rallying around one of the most repellent human beings in the united states. one of the arguments i hear over and over again, we have to save the supreme court. this has become the red line. if hillary clinton limps into that office, you can expect this ugly campaign to be followed by years of obstructionism. the weaker she is, the more emboldened they will be to hold the line on this issue. i hear the same thing. there s two things i would say. one is it s remarkable that they ve sort of bootstrapped this. yes. they ve said we cannot we absolutely cannot confirm merrick garland who has been praised by hatch, is widely respected as a centrist jurist, et cetera. we have to keep the seat open. that becomes the reason to vote for what you just described, in your words, one of the most repellent human beings ever to run for office, is the supreme court. and now you have the escape hatch essentially being drilled into the back, which is yeah. sabrina, think about what burr is saying. i want people to be clear about this. they are suggesting essentially a dieoff on the supreme court. i want the be very clear. to say that we will keep that seat open is to say we hope the actuarial charts catch up with some of the democratic appointees and they die so things can even up. that s what s implicit in that promise. and chris, the last time you had a vacancy that was as prolonged as they re suggesting was actually for over two year, about two years and three months, that was in 1844. you have ted cruz saying there s a historical precedent for having less than nine justices. for 150 years the composition of the supreme court has been to have nine members on the bench. it is important to note that senate republican leadership is not voicing support for this plan. in fact, chuck grassley who chairs the senate judiciary committee he tried to take it down a notch and say, look, i ve said that the next president will be the one to appoint a nominee and i m sticking to that commitment that i made, otherwise i would be going back on my word. and that s notable. the pressure will be overwhelming. donald trump and steve bannon, they re creating this grievance movement. this will be their hot button. ted cruz needs to make himself relevant again. he needs an issue to set himself up. this will be his issue. the pressure will be overwhelming particularly because conservatives and republicans have convinced themselves think how many things they have embraced, think how many things they ve rationalized by telling themselves it s the court, it s the court. it won t go away after the election. ex post facto psychologically, you ve done all these things to get yourself to support this person. you can t just give it up. right. to charlie s point, i agree there s a split among the leadership and this may never come to pass because donald trump could be elected president and the senate will if it s a republican-controlled senate, probably confirmed as nominee. but this split i think is indicative of this sort of deeper thing which is just that the pressure of trumpism if trump doesn t win will move into that body very quickly. absolutely. that s why you see this jockeying, as charlie mentioned, where ted cruz wants to find an issue where he can elevate himself again. curry favor among those he may have lost while wavering on the endorsement of donald trump.