♪ ♪ >> martha: tonight is an important one on "the first 100 days" report card. the president's right now in nashville, about to give a live address that is expected to send some smoke signals on whether he and paul ryan are hand-in-hand, as the speaker says, on the repeal and replace belt. or as mr. trump starting to bend towards harder lime conservatives who don't seem to mind a whole lot of this bill goes down? remember this? >> replacing obamacare is part of my 100 day contract with the american voters. with the republican house and senate, we will immediately repeal and replace the disaster known as obamacare. >> martha: day 55, i'm martha maccallum. good evening, everybody. the president sold himself as a

great negotiator. it is at the white house does not want to own this bill but he is somewhat caught in the middle. some lower income trump voters may lose their health care. others may want to get out from underneath the obamacare on business. is this the president's bill that he will fight for? speaker ryan saying just hours ago the president's "all in." take a look at these. a brand-new box poll shows were peeling under placing obamacare finishes a distant fifth on the list of what americans want to do. see it down there? 7%. create jobs, 33%. what will the president think when he looks at those numbers? he will also talk about school choice, something that may be of great interest to you and your family. while debates on these issues that no doubt will actually impact your life, this was the breathless reporting heard last night for those who bought into msnbc host rachel maddow's so-called a scoop. >> a little bit of a hullabaloo around here this evening. i apologize for being flustered. we have some significant breaking news tonight.

donald trump's tax returns have surfaced. at least a portion of donald trump's past tax returns. has he received money from foreign sources? has he received loans from foreign sources? what is his relationship with deutsche bank? what is his relationship with foreign sources of income? what kind of income has trump towers is temple provided to president trump? through his business? is he not as rich as he says he is? is he not as charitable as he says he is? >> martha: so many questions. so many dots to connect. it was not until the big reveal that the hype quickly deflated. >> what i have here is a copy of donald trump's tax returns. we have its federal tax returns for one year, for 2005, these pages are straightforward. paid $38 million in taxes. if you add up the lines for income, he made more than $150 million in that year.

>> martha: model top, she says. in moments, reaction. first, ed henry joins us on the fallout. >> rachel maddow teasing her audience for over 20 minutes before finally getting to this group that led a series of liberal pundits to declare it was really a nothing burger. it started less than 90 minutes before her show when she started typing on twitter ""we have tax returns, 9:00 p.m. eastern." the first sign of turbulence came just 36 minutes before that broadcast. maddow clarified, what we have got is from 2005. the president's 1040 form. details to come tonight. just two pages from one tax return, singular, not not the plural tax returns she had teased, which may be why when maddow dragged it out, social media was aflame with comparisons to geraldo rivera's al capone vault. the ridicule most distinctly summed up by the white house

correspondent at "the daily caller," who tweeted, "i filed my tax returns while waiting." the most comical one was from brian fallon, before the show, he retreated to maddow assist group, with the gushing declaration, "the holy grail." then, he pivoted. "they should return focus to health care not get distracted by two pages from '05 tax returns. nothing to see here." the president paid 23.3%, far more than the 18.7% obama paid in 2015 and a 13.5% bernie sanders. in 2014. >> and senator sanders is such a good socialist, i think he would want to pay his fair share. i am expecting news any day that he will spend a couple hundred thousand into the irs we can pay his fair share. >> we should know to whom ever leaked the tax returns committed a felony. while there is also a law prohibiting the distribution of

such material, legal experts say that as long as rachel maddow did not steal the returns, it is unlikely she would face charges. tonight, maddow is saying the only thing she was focused on is getting the story right and she is "really psyched" she broke the story in the first place. martha. >> martha: thank you. joining me now with more, brit hume. good evening to you. ed ladled out beautifully. what he think about all of this? >> it is a journalistic fiasco. perhaps, a promotional coup, we are still talking about this. almost 24 hours later when, as a substantive matter, i didn't amount to very much. whatever extent it meant to anything, donald trump makes a lot of money and pays a lot of taxes, which is certainly not what a lot of people who were suspicious of him have been suggesting about them, which is that either he wasn't that rage or maybe he didn't pay any taxe taxes. neither turns out based on the sliver of evidence to be the

case. >> martha: in some ways, it was suggested during the report last night, it may donald trump looked pretty good. the reporter who broke the story, who somehow, these returns landed in his mailbox, i would love to know what you think about that theory, brit, suggested that this came from a trump camp, maybe they were glad to have them come out, may be a welcome distraction and buys them some breathing time while they are working on obamacare. but you make those theories? speak of those theories are too clever by half. >> martha: somebody put them in his mailbox. >> this happens, martha. when i was a reporter back in the day, one of the most explosive documents i ever seen came into the office through the mail. we never knew where it came from. it took a little work to verify that it was a legitimate document, which we succeeded in doing. that was at the famous itt scandal which, based on this memo that suggested all kinds of hanky-panky, it arrived in the mail.

we didn't go around telling people that at the time. [laughs] that's how we got it. this kind of thing does happen. if you are the kind of person that is into the leaking business, david johnston, might be the very person you would like it too. i find that possible. his comment that it is possible trump leaked it, the truth is, he doesn't know where it came from. >> martha: in terms of the broader potential scandal that was suggested in the conversation, really based on nothing, what we are not seeing here is the source of this income, the turkish hotel, all of these other ties that they talked about and breathless tones. they have nothing in terms of these documents to back up. >> they only have two pages of the tax return. obviously, if there is any turkish hotel income, it isn't reflected here. that is out -- conjecture. out and out speculation. out and out guesswork. that is perfectly permissible on an opinion show.

but at the same time, she is claiming a great scoop, talking about how proud she is having broken the story. she broke the story and one might argue that while she broke the story, she broke a lot of wind at the time. [laughter] >> martha: all right. in terms of the other stuff that is going on that we talked about at the top of the show, we are about to hear from president trump about 30 minutes from now we expect. he is under a bit of pressure on this health care deal. he's got -- she's being tucked in both directions. how do you think this will go, brit? >> we are nearer the beginning than the end of this process. my thought would be that we have a long way to go. the bill, if they can get this bill as it now is shaping up through the house, which is not at all clear they can come up they have some chance, it is not going to fly in the senate. the senate has to make adjustments. even if that happens, they will have to work out a compromise between the house and senate versions and then, send both, send that version, the final, compromised version, back to

both houses. i have seen in the past, back in the days when legislators were still legislating, back at me '70s and '80s, i saw this happen many, many times. i remember watching bills being amended on the house floor to where you thought that the members have got it where they wanted it, then, it goes down. they have to go back to the drawing board. we have a long way to go here. this is not a pretty process, legislating never is. you've heard the old cliche about you don't want to watch people make bills or sausage, the same reasons. they have a long way to go. this will be tough. there are budgetary reasons and policy reasons why they need to get this thing out of the way, despite the fact of the public doesn't consider it a priority because they a lot of other things hinge on it. the ability to do tax reform, the rest of it. there are reasons for this. it's tough. >> martha: brit, thank you. great to see you. president trump is responding to that msnbc report, telling

tucker carlson exclusively that publishing his tax returns violates the law. >> president trump: i have no idea where they got it. it's illegal. you are not supposed to have it. it is not supposed to be leaked. it is certainly not an embarrassing tax return at all. but it's an illegal thing, they have been doing it, they have done it before. i think it is a disgrace. >> martha: jonathan turley, professor at the george washington university school of law. good to see you tonight. is he right about that? >> he is right. it is illegal. a reporter can be charged with a crime of publishing a tax return. there is no exemption under the law. what they have is a first amendment defense. that defense has been successful in the past. they famous pentagon papers dealt with an alleged crime of the media having that information. courts tend to try to err on the side of a free press. i think that is the correct thing to do.

it is unlikely that msnbc would be charged with a crime unless they facilitated to the of the return or the steps of the return. >> martha: in terms of what is on the return, what strikes me, there has never been a suggestion that president trump cheated, didn't pay anything, there has never even been that hint of suggestion. there is all this judgment in their tone about the amount of money that he made, where it might have come from, is that enough, compared to how much he said he made. the bottom line with the irs, you don't cross that line. either it is legal or illegal. it appears that that is not part of the conversation. i am not sure what they are up in arms about. >> i was watching, like many people, it was a rather curious leak. you are left with this moment of knowledge bearing trump but praising him, in terms of payin. i don't think that is what the leaker wanted. it certainly wasn't what the buildup suggested. there is nothing in the tax

return that is particularly noteworthy. he paid a higher tax rate than some people might have guessed. he took what were accepted deductions at that time. he is allowed, obviously, to do that. there is nothing there that would support some of these allegations. that is what makes this whole thing rather curious of why someone would release the tax form that seems to support trump. three when we look at the comparisons of what president obama paid, for example, you have to wonder, if president trump looks at that and said, if i had a different tax attorney, i am doing something wrong. one last question, this hawaii judge, the numbers of people can see at home -- this hawaii judge, we are waiting for the second version of the extreme vetting legislation bill about the president wants to uphold, executive order, rather. the feeling is that this hawaii judge has now put in place something that will be nationwide in terms of banning this thing on the second round.

what do you make of it? what is it look like to you? >> the judge can oppose a national ban. no question about that. it is similar to what occurred in washington state. the word is that it seems to be based on the establishment clause dealing with religion, which i frankly just don't see how that could be sustained. it's not that it's not a good faith position or there is not good faith arguments. i just don't see the case law supporting that in the long run. we'll have to see. ultimately, that could go to a court with a brand-new justice on it named neil gorsuch. >> martha: could be. his process gets underway on monday. jonathan turley, thank you so much. good to see you tonight. tonight at 9:00, don't mess tucker carlson's interview with president trump, the exclusive one-on-one covers everything from health care to wiretapping allegations, much, much more. we look forward to seeing it for a 9:00 tonight. the president sits down with tucker carlson. we are just moments away from president trump such as hit domain take the stage in

tennessee. quite possibly the most important speech for the president since his joint address to congress. we'll take you there when he arrives and bring you that live. mr. trump speech comes as back in washington, big questions linger over the fbi's potential investigation involving russia and the campaign. senator lindsey graham joins us. he is demanding answers. he'll be here next. ♪ [waitress] more coffee? [student] yeah, thanks.

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>> martha: breaking tonight, as we wait for the president in nashville, tennessee, confusion and uncertainty continues to swirl around a number of potential fbi probes into russia and the trump campaign. fbi director james comey was on capitol hill today, he met with lawmakers on those issues. one senator said that the answers are not coming quickly enough for him. republican lindsey graham announced that if he doesn't get information from the fbi about mr. trump's wiretapping claims and a soon, he will subpoena to get it. senator graham joins us in moments. first, the chief intelligence correspondent, catherine herridge, takes us through the latest on these efforts to get to the bottom of this whole thing. >> like today, fox news confirmed at least two senior cemeteries, dianne feinstein and republican chuck grassley, whose

committee has direct oversight for the fbi met with director comey in a closed meeting. afterward, offered nothing to reporters. >> this was all on sensitive matters. highly classified. it is really not anything that we can answer any questions about. >> this comes as the house intelligence committee leadership says they have seen nothing that backs up the president's allegations. >> to date, i have seen no evidence that supports the claim that president trump made that his predecessor had wiretapped he and his associates at trump tower. that evidence still remains the same, we don't have any evidence that that took place. speak about tonight, the president suggested he would be vindicated in an interview with fox's tucker carlson. >> wiretapped covers a lot of different things. i think you will find some very interesting items coming to the forefront over the next two weeks. the coincidental collection comes when a foreign target, like the russian ambassador, is tracked and in the process, the

phone calls and text messages of an american citizen are picked up by that is how former national security advisor mike flynn's communications were captured and republican chairman wants to know if there are other americans. >> what i remain concerned about is whether or not there is additional incidental collection that we are not aware of. then, if any of that information was put into any types of intelligence reports. then, whether or not additional names were unmasked. >> democrats want more information about roger stone, a political advisor associated with the trump campaign, who confirmed, then, downplayed contact with julian assange, the head of wikileaks, as well as the hacking entity that stole damaging emails from the dnc, martha. >> martha: thank you very much. joining me now, the senator demanding answers from the fbi director comey. republican lindsey graham. senator, welcome. >> doesn't that give you a headache? >> martha: there's a lot going on there. i want to start with the

interesting comment by president trump in the interview that arcs tucker carlson dead, he said, you will see interestig information coming over the next couple of weeks and all of that. any idea what he's talking about? >> absolutely not. here's what i think we owe the country. was there a warrant issued by a judge anywhere in america allowing the obama administration or anyone else to do surveillance on the trump campaign? i have seen no evidence that a warrant was issued against the trump campaign. the director of national intelligence clapper said two weeks ago, he saw no evidence of collusion between the trump campaign and the russians. i don't want to hear it from a politician. i want the fbi director to answer very straightforward questions. did you seek a warrant? did you get a warrant? >> martha: it may be that there was no warrant and that the case exists, as devin nunes suggested, that these intercepts that pick up foreign entities,

who we have the right to survey all their phone conversations, and that is what is actually the meat of the matter. do you think that this is where this is headed? >> it could be. but don't you want to know if the obama administration had surveillance on the trump campaign? i do. president trump suggested that may have happened. the easy way to find that out is to do that legally. in america, you have to have a warrant, either a fisa warrant or a criminal warrant. if no warrant exists, you can say with confidence that there was no effort to surveillecampa. we want to hear what you are saying. but the indications and as you point out, we don't know yet. there is something underlying all of this that the president seems to be hinting at to some extent and rehear all of this about deep state, intelligence agencies who perhaps are holdovers from the obama administration, who wanted to make this candidate look bad

during the election. is that for this is headed? >> all i can tell you is that the russians interfered in the 2016 election. they hacked into the dnc and podesta's emails. they gave it to wikileaks to try to undermine our elections. i don't believe they change the outcome. president trump won fair and square, i want to punish the russians. here's what i want to find out. was there any effort by our government to surveilled the trump campaign? i don't know of any evidence. here's another question. is there an ongoing criminal investigation of the trump campaign in terms of any potential ties to russia? i haven't seen any evidence at all of collusion between the trump campaign and russia. there may be nothing there. i want to get to the bottom of it. >> martha: you on the rest of the american people want to know whether or not there is any they are there. deal with it or move on. that is pretty much where we are at right now. you spoke to the president a couple days ago, for 45 minutes? >> probably a half an hour.

a great conversation. >> martha: about what? >> we talked about health care. we talked about the way forward on health care. we talked about the budget. he has been great in the military. we talked about the military. he has been a godsend as far as i'm concerned for the men and women in uniform. he wants to rebuild the militar military. they are trying to pass a health care bill that is better than obamacare. >> martha: do you think that it's going to happen? >> i don't know. i said, mr. president, you are the president of everyone. if you think that the republican bill will not get us to where we need to go, say no, let obamacare collapse, and it will come a there were five providers in south carolina and 2014, we are down to one. that one is hanging by a thread. 27% increase in premiums. let it collapse under police it. fix their mass rather than having a republican bill that would replace it and not get us to where we want to go. >> martha: we are moments away from getting either a full throated backing of paul ryan's

g.o.p. version or saying we will start over. senator graham, always a pleasure to talk to you. thank you so much. we are watching that on the right side of your screen. here now with a take on all of us, marc thiessen, served as chief speechwriter to george w. bush. wow. julie roginsky. lindsey graham is getting impatient. he wants to know if there was a warrant. there was a suggestion that over the summer there was a request for some fisa surveillance that was shot down. what do you know about that? what he think we will find out? >> i don't know what we will find out. in your lead into that story about rachel maddow's big scoop, there was a reference to al capone's vault, when you open it up, there is nothing there. >> martha: poor geraldo, he had to relive that think the whole day. [laughter] >> keep in mind come with our two accusations. there was one, trump's

accusation that obama wiretapped trump tower. two, an accusation made by the democrats that trump colluded with russia. there may be nothing to either one of those. it may be something entirely different. the fbi is in charge of counterespionage. they are in charge of counterintelligence. it may be that there are some investigations going on that director called me does not want to reveal publicly or acknowledge publicly that have nothing to do with either of those charges but have to do with russians buying. it is entirely possible that russia was buying on the trump campaign. that some people had contact with the russians in that sense. we just don't know. but the reality is, if you look at the tenor of the senators coming out of that meeting, she was very serious. very serious stuff and we can't talk about it. let's see where it goes. >> martha: i would add to that, julie, that the white house doubled down on this twice. in the past day. sean spicer in the press briefing said that the president will be vindicated on his claim that there was wiretapping. he says that surveillance in the

broader sense. then, just now, in the interview with tucker carlson, which everyone will see the rest of later tonight, the president said, wait a couple weeks. you will learn some things about all of this that you don't know right now. >> nobody forced a president to send out that tweet. nobody held a gun to his head. he sent out that tweet, now, that he sent out a tweet, the onus is upon him and upon the white house to provide evidence. it is not on the justice department, as the president indicates. it is not on director of comey. the president made a very serious allegation, a crucially serious allegation. he accused his predecessor of breaking the law and wiretapping him. if that is the case, the onus is on him to provide the evidence. >> martha: the onus is not on him to do the investigation -- >> martha, the onus is on him. he clearly made the argument. having made that argument, having made the statement, he has to back it up. there is an investigation that is ongoing, why would he talk about it? to be when he's not trying to

make it go away. he didn't answer tucker carlson by saying, i didn't mean that or anything like that. he did double down. >> he did but also, sean spicer said he never asked the fbi whether it is true or not. he could have asked the fbi to tell them and they would have answered. it is also a very serious accusation, julie, to say that the president's campaign colluded with russia, also unsubstantiated, the dni said there is no evidence of that. really, where's the evidence of that? tons of stories going around on democrats adjusting that it happened with zero evidence. when you accuse someone of colluding with the kremlin, it is called mccarthyism. at least joe mccarthy was right. there were russian spies in the state department. there is no evidence whatsoever, yet, the charges are made willy-nilly. lives by the same words you are accusing. if you want to say this is on donald trump to prove this, it is on the democrats to prove that there was collusion. >> lindsey graham was right

about this. we need to find out from director comey exactly what is going on. this has been going on since the summer. it predates the election. we need to get to the bottom of what the fbi knows. you're right, they may be counterterrorism or counterespionage operations being run. he's not capable of talking about that. surely, so many questions have been asked. director comey has not been shy previously but answering questions that have not been asked. >> martha: he can come on ongoing investigations. julie, thank you. marc, thank you. good to see you both. still ahead, we are just moments away from president trump speaking in nashville, tennessee. so, where is he on the ryan plan to scrap under place obamacare? we are about to hear it from the president himself. two congressman standing by on this battle that is going on and playing out in washington tonight. plus, fox news political contributor karl rove joins us

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>> martha: breaking tonight, a live look at the nashville municipal auditorium or president trump is expected to speak and just moments. we are told he is in the building and we will take you there live as soon as it is time, the gatlin brothers on the stage. the senator from tennessee. 700 miles away on capitol hill, some republicans from the conservative wing, now changing their messaging on the health care bill, shifting blame from leadership in their own party to the democrats. watch this. >> the democrats have a stranglehold on the entire nation. that means, through reconciliation, we have to put this bill through the byrd rule. that neither allows a full repeal nor a fault replace. that is our challenge. that challenge has been driven by a senate rule rather than the best interests of the country. >> martha: california congressman, good to have you here tonight, sir. you heard from trent franks, we

also are hearing essentially, that there are some in the g.o.p. who believe that the best thing to do would be to back off, to let this thing fail, you have a lot of states, one provider at this point. put it around your neck, essentially. >> martha, what i care about and what i think what my colleagues care about, making sure that people have access to a doctor. that it is a portable end of the highest quality. obamacare certainly does not end if republicans want to work with us to improve it, i think we are ready to do that. >> martha: there are so many people who lost their doctor under this plan. i know many of them personally. i'm sure you do, too. >> i know a lot of people who were never able to get a doctor because they have breast cancer alzheimer's and had a doctor for the first time in their lives. it is not perfect. no bill has been. let them prove it, let's not grow to pro 24 million people n the street without health insurance. >> martha: what are you democrats going to do? what will you do if the president, we are going to hear,

listening very carefully to his tone. either he'll get up there and say, it is true, paul ryan and i are hand in hand, i want all republicans to get behind it. or he will suggest that perhaps it is time to back off and let you guys go with it. >> he should negotiate with the democrats. this is the president who put himself out there is a great negotiator, the first businessman president, and we are for a few days an end he hasn't negotiated anything. why don't you work in the democrats and have a bipartisan improvement to the affordable care act? speaker what are you willing to change? what can go? >> there are parts of the country where there is not enough competition. you are seeing premiums go up. putting them into place, house democrats had in the original version of the affordable care act, i think that would be more competition in. come talk to us, work with us, make sure that no one loses coverage. >> martha: it seems a bit of a long shot. chuck schumer did an interview with bret baier, infrastructure

is an area that they are willing to talk about. but this is too potent, perhaps. it is too tempting to hang this on the g.o.p. the numbers that you saw from the cbo, use those in an electoral environment and it november, is that an opportunity that the democrats will pass up? >> remember, the cbo is a congressional budget office, this is the republicans congressional budget office. if they don't like the numbers, they are responsible for the person may put in there. for us, we just want everyone to beat to be able to see a doctor. we don't want her to break the bank. who wanted to be of good quality. we cannot improve what we have now, come work with us, we are ready. >> martha: thank you very much. good to have you here tonight. some have speculated that republicans are fighting a losing battle and have been left to wonder if health care is a g.o.p. willing to sort of diet on this one. are they willing to go down with this ship, so to speak? here now, adam kinsinger. good to have you here tonight, congressman. we are waiting for the president to come at any moment, as we

understand. what side are you on? you support paul ryan's version of this. do you think that will survive? >> i think it will. they will be some tweaks and changes and i think we are always open to negotiating stuff like that. that is really important, when you try to figure out in an imperfect process like legislating, how do we get to the final product. listening to your prior gas, a friend of mine, talking about, we are willing to work with the president. when he created obamacare, you weren't willing to work with us in the first place. now, we need to fix it and bring competition, lower people's premiums, give them an option, half of the counties in my district, the 16th of illinois, only have one option for illinois. in many cases, it is like writing insurance on a piece of paper and handing it to somebody because they have to spend 30 grand before they see their first benefit from having it. we have to fix this and we will do our best to get there. >> martha: what do you say to your colleagues who are not on board to? they are saying, this is way too expensive, just another version of obamacare. it hurts senior citizens.

it gives money back to the rich. so, we are taxed to cover the poor in this country. that is going to go away. that will hurt poor people who were covered by this. i don't like this bill at all. >> reform is very difficult. this is a very tough thing to do. that is why it is hard to reform and it almost never happens. ultimately, someone will say somebody is losing something. we repealed $900 billion of taxes. that is on all the american people. it still shows almost a $400 billion savings to a deficit and date at that is absolutely out of control, while increasing competition. this is difficult. again, i have friends that say this is not just repealed. we need to trust repealed. the problem there is, you think the cbo score that came out as bad, have no replacement plan, that will be even worse. then, that some say come on let's come together, figure out how to make things better and sign something into law. that is an art out here and something we have to figure out. >> martha: good luck.

thank you very much, congressman kinzinger. nashville, tennessee. lots of excitement in the arena as they wait for president trump. after he does his speech, he was the town of tucker carlson at 9:00 tonight. the two big themes or health care and also, school choice, which is a huge issue across this country, as a lot of people want to provide that option for their kids. fox news contributor karl rove, former senior advisor and deputy chief of staff under president george w. bush. good to see you tonight. welcome. >> thanks, martha. >> martha: the president is in a tough spot. he is new at this political game and he certainly did well throughout the course of the primaries and the election. now, he's got to wrangle with his own party on this. what do you think he should do? >> i think he has been doing a pretty good job of it, which isd to be repealed and replaced. i am open to ideas that will make the bill better. then, he has put his secretary

of health and human services, tom price, out to take the lead. as he is the scout who is talking to a wide variety of people, finding out where the differences are, where the points of agreement might be, and keeping his boss informed about that, so, he can do a good job, a better job of stepping into say, let's narrow the differences come on let's find some places of agreement. >> martha: these priorities, karl, we showed what people care about created jobs, 33%. that number stays pretty steady through most of political history. that is the thing that matters the most to people. the fifth priority as obamacare. you have a lot of people who voted for president trump, some of them on the poor end of the spectrum is a come i don't take away this health care. then, you have those who are business owners, who say, you promised me you would repeal and replace. he is in a tough spot. >> i think he is. i think you are right that the main issue that drove the election, driving people's perceptions today, is the economy. i am not certain, though, that

he is facing the issue because a lot of his people are going to lose their health care. i don't think that is accurate. i think what is concerning people is if you take a look at the polls, the fox poll for example, 2 out of every three people who oppose the republican plan thinks it is taking too much away from people. >> martha: we can put that number up. 67% say that this proposal changes obamacare too much. and the other one has come a republican plan to replace obamacare, 64%, say that they oppose the plan to replace obamacare. karl. >> my point, though, is that while people feel that way, it doesn't really necessarily affect them. this is a country of 330 million people. there are 10 million people who have gotten coverage through medicaid. those are not a lot of chump voters. then, 10 million who've gotten coverage through the exchanges. i think people are more concerned about, well they're

somehow discombobulated my health care that i am getting for my employer, as opposed to, i am now getting it -- i am one of the 10000000 out of 10000000 out of 330 million that is getting additional medicare coverage or one of the 10000000 out of 330 million who is getting my coverage now through the exchanges. it is more that, this is so personal to people, they don't want people to mess with it. >> martha: people want their own doctor. they want their premiums to go down. they want their deductible to go down. they don't want to have to spend five to $7,000. that is not having coverage. most people never get to that point. completely all out of pocket. this is not what they bargained for. >> the bill reduce the amount of money you could save tax free come out of pocket medical expenses, reduce the number of things you can spend it on. >> martha: karl, thank you so much. stick around. we may come back to karl as we get ready. we are still waiting for the remarks from the president in tennessee. we will bring you those live as soon as he takes the stage.

in the meantime, breaking news on the ongoing legal fight over the president's revised travel ban. a judge in hawaii just moments ago placing a stay on that order. we have been here before, remember? is happening again. mercedes schlapp and jessica tarlov next. ♪

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♪ ♪ you're unbelievab♪e ♪ you're unbelievab♪e >> martha: breaking tonight, we are currently awaiting remarks from president donald trump, who is expected to take the stage of the nashville rally in a moment. it was supposed to start about 7:30 p.m., we expected to get underway in a moment. also, just hours before the revised travel ban was set to take effect, the federal judge in hawaii has put it on hold, following one of several hearings that across the countr country. life in honolulu, hawaii, with the details tonight. good evening. >> good evening, you have three judges from the easter george the middle of the pacific considering that travel ban. just about one hour ago, judge derek watson, a federal judge in hawaii, a and obama appointee,

and approved a restraining order, saying it would cause irreparable harm to the state. it argued that number one, it was discriminatory towards muslims and secondly, it would harm hawaii's tourism and finally, it would deny about the 5,000 muslims living there a right to see their relatives. i have to tell you, there were multiple legal arguments today but the one issue that was on trial was undoubtedly donald trump himself. the state even conceded, we probably wouldn't be here if another president had proposed identical policy. it was campaign rhetoric by donald trump the proposed muslim ban, the complete shutdown of muslims coming to the united states, that haunt to the courtroom and again. the judge said he was conflicted for you to i supposed to do? turn a blind eye to the statements. context matters. in fact, he said, the feds argued, the administration argued, stay with a metaphorical corners of the document, the

executive order himself. he said he could not. let me go to the quote. "because a reasonable, objective observer, enlightened by the specific historical context, contemporaneous with public statements made by donald trump and specific sequence of events, leading to its issuance, would conclude that the executive order was issued with a purpose to disfavor a particular religion, in spite of a stated religiously neutral purpose." the state attorney general argued that was their intent. >> that is the impression we were trying to convey, convince the court to do. obviously, the record is pretty full of a lot of statements. >> the next step is, the government could appeal this to the ninth circuit, which turned him down the last time. back to you. >> martha: william, thank you very much. here not to react all of this, mercedes schlapp, fox news contributor, and jessica tarlov, senior director for research. a democratic pollster.

welcome to both of you. good to have you here. let me start with you, jessica. not a huge surprise. we have had inklings that there would be pushed back to the second round. >> absolutely. we have another so-called judge as donald trump would say it, our president donald trump would say. there is no surprise here. we heard these arguments before underground one. though the administration did make changes and they removed one country from the list, it still doesn't quite cut mustard for some judges. i do think it is interesting that there was discussion of the fact that this was because it was donald trump, we know what his initial intent was. we heard rudy giuliani say, he called me and say, how do we make a muslim ban legal. i have a lot of difficulty with that myself. i understand there will be tremendous pushback. >> martha: legally, mercedes, you have to judge this based on the document. based on the executive order itself. people say a lot of stuff in campaigns. that may not have been,

certainly not politically correct, perhaps offensive, it is not what is in this order. >> the words obviously matter to this particular judge, who was an obama appointee. also, what is interesting, the ninth u.s. circuit court of appeals, while they didn't reinstate the travel ban, they never ruled on discrimination claims. it brings in an interesting legal point. that is one of the areas that this particular judge is also trying to focus on. i think that it goes back to the merits of it, the fact of the constitution grants broad authority in terms of immigration to the president. the president, under this u.s. code 1182, can decide who enters and does not enter the united states. when you think about this merits of the case, the fact that the constitution was to be supporting the present on this in terms of granting this broad authority, it does have a stronger ground in terms of its legal merits. obviously, the judge ruled differently.

>> the constitution also protects freedom of religion, which is part of this argument. >> there is no reference to religion and an executive order. >> the fact that they admitted, if it were a different president who put forward the same claim, the same executive order, they probably would have responded the same way. >> i have difficulty with that. i can't see anyone across the political spectrum not having difficulty with that. i think there is a larger discussion to be had. i totally understand of mercedes is saying. when we do know the intent behind this, we also know that he took the country that were on the obama list to investigate essentially. then, went that far. >> martha: thank you very much much. this live event. just ahead, president trump will take the stage for this major speech. where does he stand on health care? which side does he stand on? can he bring the g.o.p. together? kristin fisher inside the auditorium coming up.

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>> martha: we are still waiting for nashville to get underway. the president's speech is about to get started. he was running a little bit late, getting people inside, some issue with that for the presidential seal is now on the podium. that is assigned this will happen any moment. let's go to kristin fisher, who can give us an update from inside the arena at the nashville rally. hello. >> hey, martha. we have been told that president trump is inside the building and this event should get started any moment now. the reason for the delay, as you mentioned, there were so many people outside still trying to get into security. they wanted to make sure that they gave everyone a chance who wants to get in, to get in. that is the hold up. tonight, the big focus was supposed to be on health care. just how much president trump supports this republican health care plan. now, the news that the federal

judge in hawaii halted his revised travel ban, travel ban e effect just a few hours ago, a lot of people are wondering if president trump will bring it up if when he speaks tonight. we ask for a secretary sean spicer about her, he was in here, he said he didn't have anything to say because the news is breaking. he would check back and get back with us a little bit later. we expect president trump to spend the majority of his speech talking about health care, let about about a school choice, since nashville is a hotbed for charter schools, which president trump supports. school choice, health care, of course, possibly come of this travel ban, which the federal judge halted. that is the big news. >> martha: thank you, kristin. we will see what this is, is that a speech or a campaign rally. the president with a bit subdued in michigan, he has a lot on his mind with the health care bill. we will see what he brings to the table as he gets ready to come out. always nice to feel the crowd,

get the feedback. thanks for watching everybody. i am martha mcallen. o'reilly, back here at 7:00 tomorrow evening. stay tuned. live from nashville straight ahead. ♪ ♪ >> bill: hi, i am bill o'reilly. thanks for watching us tonight. we are looking at a live picture of president trump, supposed to be on about a half-hour ago. he's not on. so, i am here. when he comes, we'll go there. but first, we will do the "talking points," okay? everyone in agreement? weapon icing tax returns. that is the subject of this evening's "talking points" memo. the trump tax river and reveal, courtesy of nbc news last night. fascinating look at how the american media has now become a