campaign legal. that's hardball for now. thanks for being with us. "politics nation" with al sharpton is next. it's a race to the bottom in iowa. tonight, rick santorum says he doesn't want to give black people somebody else's money. an ugly line from a season of campaigning. the year of the court. the elections on the front page but the real political story of 2012 may well be the supreme court's huge rulings on everything from health care to immigration. and win one for the tax hiker. republicans just can't seem to accept the truth about their hero. ronald reagan. >> your idol, as i've red, any way, was ronald reagan, and he

compromised? >> he never compromised his principles. >> he he raised taxes and it was one of his principles to never cut taxes. >> happy new year. i'm al sharpton. tonight's playing ugly in iowa. a day from the first voting of 2012 and the candidates appeals just getting uglier. rick santorum, the gop's newest flavor of the month is surging but his words on government and african-americans are offensive to watch. >> what president obama wants to do, his economic plan is to make more people dependent on the government. to grow the government, make sure we have more food stamps and more ssi and more medicaid. four and ten children are on government-provided health care. they just keep expanding. they are pushing harder and harder to get more and more of

you dependent upon them so that they can get your vote. that's what the bottom line is. i don't want to make people's lives better by giving them somebody else's money. i want to give them the opportunity to go out and earn the money and provide for themselves and their families. >> the opportunity to earn their own money? wow. what a concept. are black people the only ones to receive federal aid, mr. santorum? there's so many things wrong with what mr. santorum said. starting with the facts. most americans on food stamps, 34%, are white. 22% of food stamp recipients are black. and 17% are hispanic. ron paul is also getting into the hateful act. the libertarian said that he would not have voted for the civil rights act of 1964, which outlawed discrimination against women and blacks.

including segregation. paul says it didn't help fight racism. it destroyed the principles of private property and private choices. >> it's the government that causes so much of the racial tensions when you look at anything from slavery on down to segregation in the military. you don't ever want to undermine the process. >> let me get this straight. government causes segregation but if they do something that and then there's the face of the war on the gingrich. here he is in des moines last

month. >> really poor children in really poor neighborhoods have no habits of working and have nobody around them who works. so they literally have no habit of showing up on monday. they have no habit of staying all day. they have no habit of i do this and you give me cash unless it's illegal. >> this is just the beginning and make be no mistake. everything america has fought for, a century of progress and civil rights is up for grabs with these candidates do we need laws? we needed laws, mr. paul. we needed laws, mr. santorum. we needed laws, candidates, because there were laws in place that discriminated. these civil rights have answered the laws in the books on segregation in certain states. the laws against women in certain states, the reason why

government became necessary to correct situations is government had laws on a state level that cause the situations. you want to return to the days when there's no protection. maybe because you never needed any. joining me now is the dana milbank, political columnist for the washington post. and, in washington, joe madison, host of xm radio. thank you for joining me today. >> thank you. >> let me start with you, david. you are there. you've covered iowa for 34 years.

who are these candidates playing to? do they feel that the republican candidate, the republican voters, let me put it this way, are caucus attenders, are so right that they are anti-civil rights? who are they appealing to with these outrageous statements coming employees to the caucus, then? >> the likely caucusgoers are pretty conservative. the rhetoric gets hot and over the top. one of the concern is that there's a general election campaign that comes and the course of winning this nomination, the republican party alienates people, minorities, women, it's going to lose in battle ground states in november. so after the hard core conservative vote, you know, if there's a danger, they will blow it in november if they keep it up. >> dana, it is not only the

candidates we quoted, willard, romney the front-runner, said that he voted for ron paul. he didn't say he made any decisions, denounce the newsletters, couldn't vote for him on those letters or would vote for him despite that. what is this saying about how these candidates are playing to the far right and those that are divisive in this country to try to win this caucus tomorrow night? >> there are many surprising things, many beyond what you have been mentioning tonight, reverend al. i was out with rick santorum today and he was talking about obama care and he said, i'm just not going to enforce that law. the one that we favor not to enforce the ones that we -- >> say that again, dana. i want to make sure we got it. he said what? this is rick santorum. >> he just said, i will not

enforce that law. >> is this santorum or rick perry he? is this rick perry? >> that is santorum. but it's all a kiss of sort of mixing and matching, on matters of race, look, the first two, the caucus state here in iowa, and the primary state in new hampshire is much wider than the rest of the nation. it's not surprising, particularly in a republican primary, which has very few african-american voters to begin with that that's what they would be do doing. the problem is when you get out into a general election, these sort of exotic stands that they are taking right now are going to hold up about as well as a water lilly in the iowa winter. >> joe madison, when you talk about the civil rights act, yes, you're talking about blacks and you're talking about women. you're also talking about the disabilities act that came out of there. you're talking about the disabled. you're talking about latinos and they are going to those states. this is not just race.

this is gender. this is disabled. this is all americans that needed protection of their civil rights which, by law, was being in many ways interrupted. >> well, you no longer have to use the n word, whistle dixie or salute the confederate flag to be a racist. and the new racism is those who claim that racism doesn't exist. you know what's ironic, i don't know how the republicans think that they can have it both ways. they've got a presidential candidate who said he wouldn't have voted for the civil rights bill but yet when you talk to any black republican or any white republican, what's the one thing they always brag about? try to remind democrats, that they were the ones that supported the civil rights bill.

so now here we are 2012 and we've got a candidate for the republican party who said, i wouldn't support the bill that i -- my party claims that they were responsible. they are -- you know, this is the party who obviously would drive lincoln out of office. >> well, they claim to be the party of lincoln but, dana, let me show you what willard mitt romney said over the weekend about the dream act. >> if i were elected and congress were to pass the dream act, would i veto it? the answer is yes. for those who have come here ideally, other benefits contrary to the idea of the nations of laws. >> so dana, let me get this right. if you were president, willard says he would veto the dream act, the runner up, because we're in a tight race there. ron paul says that we must respect private property in terms of segregation laws and if

he with respect it and government did not protect us from private property, private ownership, rosa parks would still be in the back of the bus. i mean, this is the republican party of 2012? >> right. and they may not live to be the party of 2012. this is not going to hurt mitt romney or anybody else or in the iowa caucus generally, in fact. it's perhaps a necessary position for him to take if he wants to stay in the mix. but in the general election and going forward, you know, latino voters are not very important in a republican caucus in iowa. these guys have done a good job of alienating that. >> go ahead. >> if i could add to that, this is going to have -- what dana just described is going to have implications long into the future. the republican party in the

course of the last few years is driving latino americans into the democratic party and those attitudes and views will last for generations. i mean, republican party managed to drive our americans and history is repeating itself. americans of latino ancestry for years to come. >> let me ask you this, david, let's look at the polling. right as we are a day away now, 20%, michele bachmann 20%, ron paul, 20%, perry 13, mitt romney, 10. this is who is best relating to the ordinary iowans.

santorum and paul are saying the most offensive stuff are the ones that are considered the best ones relating as far as the average iowan is concerned. you're on the ground and you've covered this longer and at a better perch than most. how are you sensing it? is this willard's to lose as unbelievable as that might have seem three or four months ago? >> no, i think it's very much up in the air. it's very fluid and republican caucus-goers have not decided what they want to do here. they will wait until they go into the caucus site and have a chance to talk to their neighbors before they make up their decision. activists are different than ordinary voters in both parties. they pay attention to the issues and weigh it and it illustrates that. >> joe, tomorrow night one of these will come out of here and, again, this is a caucus, there

will be activists working and moving and pushing. when they come out of iowa and head to new hampshire, what message have they sent in this first of the voting in this whole season? what have they sent to the states and to the nation that comes behind iowa? >> it depends on who comes out ahead. now, if romney comes out ahead, i think the message that they are sending is, we're glad we're first. we think we have a winner, as was mentioned the activists really haven't had -- particularly among the republicans, they really haven't had a winner. and when you start spending, as i mentioned earlier, $10 million or more in a state and you can't even get a person nominated in your party, then the next cycle of people start wondering, should we even bother with iowa as opposed to new hampshire or

south carolina. but, you know, you got to remember, the republican party is the place in our lifetime where the dixiecrats found refuge and that's who they are appealing to. it's just another name. that's all it is. >> and what is the appeal is the question. joe madison, dana, thank you for joining us tonight. ahead, they blocked him every step of the way. now president obama has a plan to hit back against republicans in congress. and they are worried. plus, eric cantored epic fail on national tv. why his press secretary tried to save him but only made it worse. and 2012 is a defining year

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just one day before the voting in iowa, one thing that is about the presidential candidates that are running is that they want to have the power to nominate justices for the supreme court. the men and women who make decisions affecting literally every american. just check out what rick perry said on msnbc earlier today. >> i'm going to put people on the supreme court until we can pass a constitutional amendment that protects life in this country. >> strict constructionists. women rights, civil rights,

immigrant rights, they are all threatened by republicans and their allies on the supreme court and this year, this year, the president will vote on the president's health care law, despite troubling conflicts of interests on justice because he faired to disclose that his wife had a financial interest in the issue, earning money for groups opposing the health care law. just check out what she said. >> washington is broken. it's addicted to spending. it's addicted to power. america's at risk and i didn't know how far left president obama and the leadership were going to take us. you guys were the political first responders and i love the tea party movement. >> the clear focus is to stop the obama agenda is what thomas

and his wife talk about at the dinner table? now chief justice roberts is defending the decision not to recuse himself from the case. in his year in report on the court roberts said, i have complete confidence in the capability of my colleagues to determine when recuse sal is warranted. they are jurists of exceptional integrity and experience. well, this is what is at stake. who may be in position to appoint supreme court judges. joining me now, congressman keith ellison, democrat from minnesota, who wrote a letter to justice thomas demanding that he recuse himself from the health care case. congressman, thanks for being here tonight. >> you bet, rev. how are you? >> i'm fine. now, you wrote a letter to

justice thomas and you've heard what justice roberts said coming to the defense of his colleagues. now, there are those that raised questions on the side of miss kagan but there's no financial conflict there. we're not talking policy here. we're talking about a failure to disclose a financial interest with clarence thomas which is not alleged with anyone else on the court. am i correct? >> you're right about that. and it's a deeply disturbing connection. the fact is, clarence thomas has a financial steakake in an issu that is coming before the supreme court. it's a violation of his duty and he has refused to do so. this is something that all americans need to know more about. i think americans should raise their voices and we have ways to do that. you can go to keithellison.org but the fact is that people need to raise this thing and we need to get more public attention on

how difficult this is for all americans. >> especially on the eve of the iowa caucus when in the republican debates many of the candidates named thomas as among the jurists that they add mire and they don't seem to have a problem and their word and anthony ska lea and john roberts. >> across the board, thomas is an example of the top that they respect and admire and would appoint on the eve of the first voting i think americans need to know this. >> well, i think you're right. in this particular supreme

court, it's clearly on the side of free market fundamentalism. this is the court that brought us citizens united. they believe that corporations are people, too in fact, i think mitt romney said that. citizens united is one of the greatest threats to the body politic in a generation because we're going to see a flood of money from undisclosed sources coming into our tv stations and all over throughout our lives because this supreme court believes that there should be no or very minimal restrictions in terms of regulating corporate activity. so this is a big deal and it's reminiscent of 100 years ago. we had something called the lawsuit ner era and it really took a generation after this, a set of policy to run us into economic ruin and great depression for us to emerge from t they are setting the stage for another problem just like that. >> congressman, this march, this

court will hear this argument on the affordable care act and it deals with 24 million people got free physical screenings. 24 million people got free physicals or screenings. 2.65 million seniors saved 1.5 billion on prescriptions. so we're looking at a possible reversal of that which gets federal government out of being able to get health care out of citizens. we're looking later in the year of immigration rights. we're looking about the reditioning in texas. it's much more than a horse race. it's about whether we're going to roll back 100 years of progress in this country. >> reverend, anyone who sits back and says elections don't

matter, there's no difference between the candidates, they could not be more wrong, particularly when it comes to the supreme court. as a matter of fact, what if this supreme court would have been on the bench when the 1964 civil rights act came up for constitutional review? you would have some people on that court saying, well, this violates private property rights. the fact is, we need a supreme court who is going to balance the equities on constitutional principles and trying to make sure that all americans can live under equal protection and due process. it's a free market mund mentalist as they've already demonstrated that and i'm very worried about what they are going to do to the affordable care act. 32 million people looking for health care have their health care in the balance. >> thank you for your time tonight. we're going to be there outside the court where they argue this and i hope people in the iowa will consider this in their caucus.

>> i'll be with you there. >> coming up, eric cantor and his miniuons try to pretend that ronald reagan didn't raise taxes. sorry, congressman, the facts are inconvenient but they are facts. and it's getting so bad for newt gingrich, guess who he's talking about on the campaign trail? that's next. [ male announcer ] to the 5:00 a.m. scholar.

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how desperate is newt gingrich? you'll never guess who he's talking about now on the campaign trail today. >> i did something last year that i think several people thought was very daring and some of my opponents would say was zany. but i went with the reverend al sharpton and we went around talking about charter schools. the biggest several rights issue is every childs right to be in a room that is safe learning from a teacher that is competent with their parents involved and we have to solve this. >> that is right, newt. we did tour together. you forgot to say that president obama, who now you call the food stamp president, is the one who sent us out there. but you had some good ideas then. now you want to break the child labor laws and put the kids that we saw to work. we can agree on one thing. if you're using me to make political points with

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well come back to "politics nation." when president obama comes back to washington tonight, he will walk straight into the battle of 2012. with just 311 days until the election, republicans already have their plan of attack. >> when he was just new elected president, he was on the "today" show and he said, if i can't get this economy turned around in three years, i'll be looking at a one-term election. i'm here to collect. >> romney seems to be taking his line of attack written by a former 28--year-old and the president's plan to hit back by

running against republicans and congress. a congress that managed to pass just six jobs bills last year, but passed ten laws naming newt post offices. a congress with an approval rating and all-time lows. joining me now is ed rendell and former advisor to george w. bush and john mccain. let me stard with you, governor. what do you make about the intention to run? >> i think harry truman with tremendous success and his numbers were far worse than what the presidents was and he just pounded the congress and pounded the congress. he promised to turn the economy around and i think he made a case that he did.

we've had over a year of a gain and it's not where we want to be and not where he wants to be. but in turning the economy around, sure. did he turn the financial services industry around? sure he did by taking gutsy stands and doing the right thing. if the republicans and congress would let him, let him provide for this nation's infrastructure and create well paying jobs, we could turn it around at a faster rate. >> and who do you trust to protect the middle class and 50% republicans, only 38%. so if mr. romney's plan is to run against promises not kept, it seems that the president has fought for the middle class, they have trusted more, and many

of the things that the governor just said seem to resonate. if you were running mr. romney's campaign and mr. mccain, would you use this prove mississippis not kept campaign? >> well, you pointed out the important number there, which is who cares about the middle class and who cares about me, average americans out there and we've seen a significant shift in that towards this last year. six months ago i might have said that the wins were not so bad, john mccain could have won a perfect campaign. i thought that's what it might have been like last year. it could very much well be a jump ball for a number of reasons. one, president obama has effectively focused on a middle class squeeze message, which i

think is very effective right now. it's focused more on who cares about you than on the issues of jobs and trying to get jobs for people like that but it's really focusing on who is being hurt and why and then i think the republicans did away with republicans are and they are going to have to figure out a way to get those back. ultimately, mitt romney is going to have to do something to make sure that americans think that they care about the broad mill of america and that is where this election may be won or lost. >> hearing what mark just said, if you're a voter in iowa tonight, new hampshire or south carolina getting ready to vote, do you go in with, in mind, who can battle the president for the trust of the american voter and the middle class or do you go in by saying who's the most far

right guy that believes in some of the more extreme views that i may emotionally have? what do you think the voters are going to do and why? >> well, we'll know in about 26, 27 hours, al. i think the answer is that most iowans by now have concluded that mitt romney is a safe enough choice. he's not quite as conservative in his lineage as others but he's close enough and he has a chance to win. that's the reason he's going to win the iowa caucuses. but, remember, he's going to win with 27, 28% tops, that means seven out of every ten republican voters voted against him. but then he goes on to new hampshire which is his base and scores a big victory and then there's one or two conservatives standing to fight in south carolina and then the fight goes on. but nobody has the resource that he has and nobody has his trump

card. almost all of the other republican candidates in one way or the other, something about them scares the voters so they could vote not for president obama but against the republicans. mitt romney is a perfect candidate to take all of the anti-government votes. people think he's going to be a whacko or do anything strange. >> mark, what confuses me and i'm probably confused about most republican politics, but you were involved with mccain. wasn't santorum and a lot of the conservatives at that time supporting willard because they said he was the conservative against mccain? now they are saying he's not conservative. i mean, or has the party moved so far to the extreme that yesterday's conservative is today's moderate because santorum supported willard in the 2008 primaries against mccain saying that willard was

the real conservative. >> yeah, it has shifted, reverend. and that's part of the reason why it's getting lonelier alonelyier for progressive republicans. >> progressive republicans? that's almost a an oxymoron. >> we'll take you and the republican any time you want to come over. >> yes, you asked about santorum and that's a reflection of how the party has shifted. i wouldn't be surprised to see santorum finish first in the caucus. it's really about passion and who is moving at the last minute. he can pull a real surprise, i think, given what we're seeing. the romney campaign i hear the actual head quarters are lonely at night. don't be surprised to see a santorum finish. >> what happens if santorum upsets everyone tonight, governor. >> the question then is can rick

raise enough money to compete quickly in south carolina. the reason he may win -- and mark's right. he may win in iowa because he did 370 town meetings. he's got a week in new hampshire and three weeks in south carolina and that means he's got to raise a ton of money quickly. if he's got to bounce, maybe he can compete. mayb 's santorum but i'm not sure that he can raise the money. >> thank you both for your time tonight. happy new year. >> happy new year to you, al. ahead, the gop fight to suppress the vote. a top republican has the nerve to claim that democrats are the ones trying to steal the elections. and eric cantor's in denial about how his idol, ronald reagan, raised taxes. stay with us. whee wheeeeeeeeeeeee! wheeeeeeeeeeee! whee whee wheeeeeeeeeeee-he-he-heeeeee!

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and kansas, joined georgia and indiana with radical i.d. laws taking effect. and next month wisconsin joins the pact. which means that 42 million americans have to produce volter i.d. in order to exercise their constitutional right to vote. but we vow to fight back. we vow to march. we vow to repress, to reverse the wall of suppression and now republicans are responding. rnc chairman is out with the title, voter i.d. laws are commonsense. he's complaining that there's, quote, at least one documented case of fraud in each of 46 states over the last decade. that's true, but the same data which comes directly from republicans also shows a total

of 311 cases. that's 311 cases out of 593 million votes cast. it's a fraud rate of 0.0005 per vote. and newt gingrich took it even further in iowa over the weekend. >> why is attorney general holder so determined to determine whether people are illegal to vote. why is it that they are desperate to retain the ability to steal elections. i think it's going to become a bigger issue, frankly, because you find cases where the level of fraud is so great that it clearly changes the election outcome and you have people who are elected fraudulently. >> they are scared. they are nowhere fighting back and we won't stop. joining me now is john paton, president and counselor of the naacpt. an effort to protect the

voter as voter across the country. thank you for being here tonight. >> thank you for having me. >> when we hear newt gingrich says that there's so much fraud. we hear the previous rnc chairman say that there's one in every state. they are really trying to spread 311 cases over 500 million votes since '97. i mean, there's really -- you're talking about a fraud, it's the most ridiculous attempt to distort facts that i've seen. >> it's a very, very small number of cases that they are pointing to. you know, we've won elections in this country about 200 years without any, any real concern about what they call in-person voter i.d. fraud. if we've had it for 200 years, that fraud, we would have seen these things come about a long time ago. what caused this was the election in 2008 when we saw a dramatic increase in participation across racial and ethnic lines, and it seems to

have caused some other people to be afraid of what happens when democracy really works. there's no real instance of in-person voter fraud that is undermining our democracy in any way. the concern we ought to have is to make sure that everyone who is eligible gets to vote and these efforts are going to deny people who are eligible, who have voted for year after year after year from being able to vote in an election for their representatives, for their congressman, for their president. >> now, the puch center says 5 million voters will be affected by this. but, john, let me say this. people think you and i -- and we've been out front on this issue -- are wrong, if they are so afraid of fraud, why don't they have it at the caucus? why isn't gingrich and all of them concerned about voter i.d. in their own caucus tomorrow night? >> or in new hampshire where

there's a new ee electric coming up and there's not going to be voter i.d. as well. >> oh, i get it. do as i say and don't do as i do? >> this is just a false issue. there hasn't been -- when the report said that there's been at least one instance of voter fraud in each 46 states over the last ten years, that's just nothing. the thing is to make sure that everyone who is entight tet telled to vote can vote and people who can vote. the change in the rules affects people disproportionately. when you say you have an i.d. and didn't have to have an i.d. the last time you had to vote, that's a new requirement for you and you now have to comply with it and it's not as easy to get the required i.d. it costs money. you have to get records. you may have to get a birth certificate. >> seniors --

>> and in some states there may not have been a birth certificate. these are impediment that keep people who are eligible, registered voters, from voting in their democracy. >> let me tell you how ridiculous it is. if you look at how much voter fraud is so unusual, it is easier for americans to be struck with lightning. there's more cases of that in the last decade than voter fraud for each american to win an academy award. you are more likely than voter fraud, given birth to quinn tip lets. it's crazy. >> it's a false issue. reverend, last show i was on, hu a man come on and talk about voter fraud in florida. they not only want voter i.d.s, they reduce the early voting period, and the sunday before the tuesday election as part of the early voting period. that's when african-americans

take advantage of early voting. there is no claim whatsoever that there was fraud on the sunday before the tuesday that's election day. >> john, thanks for your time tonight and we're going to stay on this. we'll be right back. ♪ [ male announcer ] talking a big game about your engine is one thing. having a proven history that can back it all up is a whole other story. unsurpassed torque. incredible towing. legendary cummins engines.

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it's a new year but it's the same old baloney from the republican leadership. >> you know, your idol, as i've read, any way, was ronald reagan and he compromised. >> he never compromised his principles. >> well, he raised taxes and it was one of his principles not to raise taxes. >> well, he also cut taxes. >> but he did compromise. >> well, that's true. >> and at that point cantor's press sect yelled and said what i was saying wasn't true. >> but what she was saying is

true. ronald reagan raised taxes. in fact, he raised taxes several times. >> we're going to close the loopholes in theory, some of the loopholes were understandable but in practice they sometimes made it possible for millionaires to pay it nothing but a bus driver is paying 10% of their salary and that's crazy. do you think the millionaire ought to pay more from his pay or less? >> cantor also wouldn't admit the power of compromise. someone else would, though. >> make no mistake about it, this whole package is a compromise. >> these guys claim to love what ronald reagan stands