national budget. if they do all of that this week and they say they're going to do it all, that might be more than they have done the whole rest of the year combined. this is the time of year that is called cramming. this is supposedly the world's greatest deliberating body. right now they are just cramming. watch this space. that does it for us tonight. we'll see you again tomorrow. now it's time for "the last word" with lawrence o'donnell. >> guess who is saying the worst things that have ever been said about john boehner? that's right, republicans. >> we saw two possible government shut downs in 2014. >> bad for the economy, bad for the middle class. >> as for that whole strategy of taking the country to the brink over the raising of the nation's debt ceiling? >> we don't want nothing out of the debt limit. >> some kind of concessions. >> we don't want nothing. >> i don't see a real soul searching going on.

>> we almost defaulted on our debt. >> that's what got us out of the government shut down. >> this time it's john bainer that is bucking the outside group. >> they have lost all credibility. >> i think john got his irish up. >> i was frustrated, too. >> it's all good. >> i would prefer to keep those conversations within the family. >> paul ryan carries a lot of weight. we don't want nothing out of this debt limit. >> they want to sell what they have in the best possible way. >> ryan said we have got to move to common ground. >> they're expecting us to find common ground. >> there is no fundamental policy shift. >> stay tuned for some republican demands on that. >> congressman paul ryan continued his tea party appeasement tour today, trying to keep the bipartisan budget

deal alive before the senate takes its first vote on the deal tomorrow. so far only six republican senators have said they support the deal which passed the house last week with most republicans voting for it. some tea party republicans are still furious that house speaker john boehner attacked them and some right wing groups before the house vote last week. >> i think they are pushing our members in places where they don't want to be and frankly i just think that they have lost all the day before the government reopened. one of these groups stood up and said we never really thought it would work. are you kidding me? it just comes to a point when some people step over the line.

when you criticize something. >> on sunday morning paul ryan had a message for america and the tea party ability john boehner's display of anger. >> i think john got his irish up. he was frustrated that the oppositions came up. i think these are very important elements within the conservative family. i would prefer to keep it within the family. i think the groups are valuable. they're part of our conservative family. i would prefer to keep the frustration within the family. i see the tea party as indispinsable. >> and again, paul ryan distanced himself from john boehner. >> i think john, his emotions got ahead of him a little bit.

i credit the tea party with getting our mojo back. >> joining me now, steve smich and the washington post. steve, this just sounds like good cop bad cop. boehner said what he had to say. he's not taking that back. paul ryan gets out there and tries to talk in a way that some of the people who might be bothered with what boehner said will start to feel better. >> i think that john boehner had a message that is fundamentally directed to the profit crowd of the republican party. people who sit atop the profit wing of the republican party. those who were available the

last decade when it comes to keeping careful watch on the nation's pursestrings and a republican congress. paul ryan, of course, does have future national ambitions. i think john boehner is trying to run the house and he has had great difficulty doing that. >> this budget deal in the senate, it feels odd to me at this point that it doesn't have more public republican support. >> this is peculiar. paul ryan, it's almost easy to forget. the keeper of fiscal conservati conservatism. i think what you are seeing is this budget deal already is both sides giving up on the fundamental requirement of

compromi compromise. the fundamental insight of the deal. is it the democrats didn't do anything on entitlements? and so now this side actually gave up anything that hurt. there is an argument out there. they don't enjoy or want or support legislating. they don't want to have anything to do with the actual political process itself. that perspective has cowered a lot of republican leaders to pull back from anything that actually has any hint at washington legislating around it and i think that's is what you oar seeing here. >> is this thing going to pass in the senate. >> i think so. they need to get 60 votes in order to beat a republican fill

bester. they have already got in pretty close to there. look, we have seen things like this even if there is not a lot of highly public support, mitch mcconnel is typically able to deliver people when he wants to deliver people. not many folks want to deliver a humiliating defeat. i don't think people are too worried about it but it is is a whole lot less than a resounding show of support for ryan himself or for the idea that house republicans after the shut down are going to pivot back to doing some kind of more business as usual legislating. >> talking about the politics for profit crowd, which is is a good label, i like that. the senate conservatives fund has sent out the most extraordinary fund raising letter i have ever read in this kind of area. this is the senate conservative's fund.

you would think in the business of trying to elect republicans to the united states senate. and this, they are attacking john boehner. they attack mitch mcconnel in here. here is what they say. it's hard to believe that you're reading something that is supposed to raids money for republicans. what these leaders are doing to conservatives is no different from what the irs got caught doing to them this summer. they are using their power to discriminate against people they see as a political threat. increases spending, raising taxes and funds obama care. while mitch mcconnel previously called us stupid traders who should be locked in a bar and punched in the nose. a top con tervetive aid in the house was fired last week for opposing john boehner's budget and mitch mcconnel has

blacklisted political firms that work for conservativconservativ. that apparently is how you raise money from republicans to elect republicans? >> look, i think one of the great television shows on the air right now is the americans. it's the story of these deep cover kgb agents in 1980s washington, blended into american society. you can extrapolate that plot. if this was a deep cover operation, it couldn't be more successful. the second is done more to elect democrats than the dscc has done with the nomination of these loony candidates in the name of freak show conservatism. and this is one of the effects of campaign finance reform. we have pulled the money away from the political parties which have always been stabilizing and

moderating forces in politics and we have diffused it to these outside groups that are idealogical, so any time there is a deal, they have the ability with over the top rhetoric to go out and fleece grandma five dollars at a time you're going to see them do it. it's about putting money in their pocket. it has nothing to do with conservatives. it has nothing to do with electing conservatives, republicans, or battling policies. it has everything to do with lining the pockets to pay fees on these groups. and the american people are getting paid for suckers on there. good hearted conservative people out there who are getting played over and over and over again by these groups and it's just too bad. >> ezrah, these groups do have an effect on inhibited votes and positions taken by republicans in the senate as we're obviously

seeing this week. >> that early monologue from john boehner is an extraordinary political document. he's greting his irish up, he's frustrating. but there is a passivity. john bain ser the speaker of the house. these republicans, they are elected. they have until the next election to do a good job. they speak to a larger election audience than the tea party. and the fact that there is nothing that the groups have that should be forcing them over any lines. so far, over the last initiatives, a group of about 20 to 40 have managed to set the tempo for the entire republican house. and it doesn't help all that much that paul ryan gets on tv and basically backs off of boehner's comments and talks up the very groups that are trying to undermine his deal.

>> i don't want to leave this segment without taking exception to the phrase paul ryan was using to explain paul ryan's temper. i don't think the irish had anything to do with it and there is no one under 60 who knows what that phrase actually means. i will leave it to google to explain to anyone who actually cares. coming up, inside the national rifle association, and a judge appointed by president george w. bush rules that the nsa's collection of mass phone records is unconstitutional. that's coming up. mine was earned orbiting the moon in 1971. afghanistan in 2009. on the u.s.s. saratoga in 1982. [ male announcer ] once it's earned, usaa auto insurance is often handed down from generation to generation because it offers a superior level of protection

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fund, many of you were moved to contribute to kids in need of desks. this partnership that builds desks and delivers them to schools that have no desks. posted alabama and ma lou wee shows us how to do right. let's do it. help each other, making my contribution asap. monica tweeted was finally able to watch the rewrite from last night. so amazing and uplifting. so glad to be a contributor to kind. i just completely spur of the moment donated to buy a school desk and pay for one year's tuition. on facebook, shelly posted i absolutely love giving these gifts. thank you for the opportunity. and i just purchased a desk to honor the memory and the work of

the late, great president nelson mandela of south africa. coming up, i will have a bit more to say about the kind fund and some of the latest numbers including the total amount raised so far, which is just amazing. life's an adventure when you're with her. and it always has been. but your erectile dysfunction - it could be a question of blood flow. cialis tadalafil for daily use helps you be ready anytime the moment's right. you can be more confident in your ability to be ready. and the same cialis is the only daily ed tablet approved to treat ed and symptoms of bph, like needing to go frequently or urgently. tell your doctor about all your medical conditions and medications, and ask if your heart is healthy enough for sexual activity.

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saturday. during which he mentioned the anniversary of the sandy hook massacre that claimed the lives of 20 children and six educators. in sunday's "new york times" magazine, there was an article entitled -- can influence. as the establishment organization. farther to the right that would seem to be what occurred in the mansion bill. this was once again a scene. 12 students and one educator were killed and 27 were injured. and at a movie theater where 12 people were killed and 70 others

were injured. colorado enacted new gun control laws and now many of colorado's elected sheriffs are refusing to enforce those new laws. joining me now, robert draper and former colorado state senate who was recalled for his support for stricter gun laws in that state. robert draper, one of the things i think is easy to forget and relatively new development on this front is that there are other gun rights groups out there that are far more radical than the nra. or i should say more radical. you can calibrate what the differences are between them. tell us how they influence and pressure the nra. >> the nra being a much larger organization, about four to five memories as best as we can tell, seeks to be the adults in the room.

they actually despite the reputation as the bullies on the block are often involved in how legislation is crafted. the smaller groups have maybe one tenth the membership, maybe less than that, one lobbyist on the payroll but they're the lab guys. they can force the nra to quit compromising. that's the word they use over and over again. here's the nra going in the back room. trying to take away your gun rights. and it spooks the nra and that's what happened here. >> john, you cast a vote in favor to support it anyway you can, the new legislation in colorado. and that cost you your seat. i want you to listen to what sheriff john cook had to say. he's one of the sheriffs you're

counting on in colorado to enforce the new laws. >> this one was purchased before july 1, when the law went into effect so it was perfectly legal. this magazine might have been purchased in another state. the free state of wyoming and smuggled across the border after july 1, maybe. and senator morris? are you here? i would like to ask you a question. senator morris. i guess i don't see him. law enforcement has to enforce these laws and i'm going to do a little game here. when you mix them up? keep your eye on the pea. let me make it a little tougher. which one's the illegal one? >> john morris, there is a sheriff playing games with the law that you passed. what's your reaction to that? >> well, the sheriffs are

clearly elected officials. they are politicians and he is playing to his base. i get that. i think limiting the number of rounds that someone has access to, we know that saves lives. we know that in tucson, a 63-year-old woman was able to keep the shooter from reloading a final time, and bring an end to that shooting. when you have got 100 round magazine like you did in aurora, you can shoot 100 rounds before anybody gets a chance to do anything. when you reload it appears when that shooter had to reload, that's when children were able to escape. that's when there was a chance to actually take him down. you know, i mean, obviously, i'm mortified that folks that are elected directly to concern themselveses with public safety like sheriffs are making a mockery of children dying at the hands of gunmen, but i

understand that politics, that's sort of sometimes how it's played. it is how its played sometimes. >> you talk about the possible declining influence of the nra and say time does not seem to be on the nra's side. between 1977 and 2012, the percentage of american households possessing one or more guns declined. to what do we attribute that decline? >> a couple of things. one is that fewer people hunt. the other is that there is less -- america was very, very violent in 1968 and gun ownership was on the rise but over the last 36 years it has declined 36%. the main two reasons that people would want to own a firearm are becoming less and less of a big

deal. a good story about this. i thought the sheriff were saying there are ambiguities of the law, but then it becomes clear that he is mocking it. there is is a smirky tone to it and it's unbecoming for an officer to say i'm not going to enforce these laws because i don't like them. >> the enforceability of the law is key but the idea of a law enforcement official coming out there and literally making fun of the law and encouraging people to disrespect it, that i think is something that we don't have a lot of video on in this country. >> absolutely. but in this particular case, we have term limits in colorado. you get two terms in most jurisdictions. there are some that have changed it to three but that means you only have eight to 12 years to serve.

generally these are republican types of folks and sheriff cook is very republican and anti-gun safety. he would repeal the you got to have background checks at gun shows. that law passed with over 70% approval and he wants to repeal it. he's got to appeal to his base if he wants a new job. he is running for the senate senate so he's on. >> robert draper and john morris, thank you both for joining me tonight. >> certainly. >> my pleasure. >> coming up, republicans can't quite find the right words for attacking the affordable care act. and later, the nsa's collection of meta data was ruled unconstitutional, at least one form of it by a judge. that's coming up.

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>> there are legitimate questions to be asked about the affordable care act and republicans could do that or they could talk about nazis. >> a north carolina lawmaker comparing obama care to the nazis in a tweet. >> now they're going with nazis. >> this gem, justice roberts and

obama ca obamacare has done more damage to the usa than -- >> obamacare plus success equals a right wing freak out. >> and there's more coming here. >> if we have a system where the government is going to be the provider, principle provider of health care for the country, we're done. >> here we go. rick santorum. >> once you have people getti t free health care from the government you can't take it away from them. the reason is that most people don't get sick. it's free until you get sick. if you get sick and you don't get health care you die and so you don't vote. it's actually a pretty clever system. take care of the people who can vote. and get rid of the ones who can vote against you. that's how it works.

>> joining me now senator editor for the new republican. can you translate what rick santorum just said? somewhere -- >> my short answer is no, i can't. my longer answer is this is what you would get if you had the single payer system. this idea that the government is in charge of everything and in a conservative view, that's somehow bad. the problem is we have this moderate compromise plan which layers into the health care markets. about a third do get it from some sort of government program. then you have the individual marketplace. this president did exactly what the conservatives said they wanted which is to work with the private sector system. >> and so here we have this guy in north carolina who says that justice robert's pen, i like that he includes justice roberts

here, and obamacare has done more to damage the usa than swords of the nazis and terrorists combined. the nazis didn't use swords very much. but just in north carolina, there were thousands, maybe 4,000 killed. but, to this guy, he finds no problem in completing dishonoring that sacrifice and saying what's happening in north carolina now is worse thanks to a republican supreme court chief justice and president obama. >> you know, it's sort of amazing. we throw around the phrase a lot in politics. this party has gone insane, these people have gone insane. i think usually what we mean is they want absurd things. they're asking too much. they don't have a sense of political reality.

we have a party that is actually losing its grip on reality. these claims are just fan tast call and absurd. and the thing is look, you can always find somebody saying something crazy in politics if you go to the extreme wing but what's amazing about this is it's really not that far removed from what we hear from all over the republican party. we are seeing in georgia, in michigan, some candidate can say i don't like obama care but since it's the law of the land, maybe we should try to fix some parts of it. if you just say that you get shouted down by the right wing. you can't even make that claim. i think we have a party that a has just lost grip of reality. >> the head of the republican party in north carolina tried to cool things off about that tweet. the guy who did that tweet should apologize and he then also said this. i still fully believe -- this is

the guy who wants the fweeter to apologize. i still believe fully that the negative impact on the finances of north carolina exit and itse is going to be significantly impacted even in comparison to those wars that occurred. the guy says i should apologize and now i should say that thing in a stupider way. >> he's like the debate guy who says he will rescue your analogy. it is insulting. it also goes to, i believe, and i know not everyone will agree with me. but i believe there is an increasing panic as we get to december 23, as we get to the individual mandate kicking in next year in january. because the bottom line is this is the law. and it is working and it will become harder for the more

responsible wing and members of congress to continue to flout the law. they have an obligation. but november, the tread line was way up. if you continue the public and the private programs, the programs were up over 1.2 million more people who have been covered through this law. that is a good thing for these people and a good thing for the insurance marketplace and the president should be proud of that. >> we had a correction from the control room. the guy who asked him to apologize did not then say this. that was our crazy guy's response to the demand that he apologize. he just took it further. do not take it further. thank you both for joining me

tonight. >> thanks lawrence. >> coming up we will have more information on the kind fund and in a shocking decision today, a federal judge appointed by george w. bush agrees with edward snowden. y with new fedex one rate you can fill that box and pay one flat rate. i didn't know the coal thing was real. it's very real... david rivera. rivera, david. [ male announcer ] fedex one rate. simple, flat rate shipping with the reliability of fedex. when you don't have the time, there's new crest 3d white 1 hour express whitestrips. removes years of stains in just 1 hour. whitening without the wait. now get the best 3d white deal of the year

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for a body in motion. >> time for tonight's life lesson. sometimes the worst thing that can happen to you is actually the best thing that can happen to you. peter o'tool was fired from his job as a reporter for the yorkshire evening post. his editor told him to try something else, saying be an actor, do anything. and so with nothing to lose he became an actor and went on to deliver some of the most mesmerizing and memorable performances in the regacorded history of acting. he was nominated for an oscar eight times and lost every time. in 1972 he lost to brando. o'tool had brando to thank for turning down a role ten years

earlier that got o'tool his first oscar nomination and remains his best known performance, lawrence of arabia. in 1982, peter o'tool was nominated for his economic per fornans in my favorite year. >> i feel surprisingly well. so well that i'm going to make a prediction. i usually take two or three takes but tonight i predict i will get it on the first take. >> we always get it on the first take. we have to. >> you do? >> sure. this is live television. >> live? live. what does live mean? >> it means that exact moment you're leaping around that stage, 20 million people are seeing it. >> wait a minute. wait a minute. >> what? >> you mean that it all goes into the camera lens and just

spills out into people's houses? >> yeah. >> why didn't anybody have the goodness to explain this to me. >> our audience is great. >> audience? >> what did you think the seats were for? >> i haven't performed in front of an audience for 28 years. i had one line! i played a butler. i forgot it. >> don't worry. this is going to be easy. >> for you, maybe. not for me. i'm not an actor. i'm a movie star. >> in 2003, the academy awarded the actor and movie star peter o'tool an honorary oscar. >> always a bridesmaid, never a bride, my foot. i have my very own oscar now to be with me until death us do part. >> peter died saturday night in a london hospital after a long illness.

he was 81 years old.

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♪ and if was a tree growing tall and green ♪ ♪ all i'd want is you to shade me and be my leaves ♪ grown in america. picked & packed at the peak of ripeness. the same essential nutrients as fresh. del monte. bursting with life™. >> at nelson mandela's funeral sunday morning, the president of maloui told the story of when she was allowed to visit mandela at his home in johannesburg. she was, to put it mildly, in awe of nelson mandela. >> i walked into that house and

mamma was standing facing me and i thought she was taking me to a room where then after that he would go. i walked into the room not knowing that he was already sitting there. and when i turned and saw him, my first reaction was to run out. it is mamma pulling me back to him. >> i did not know that i was to become president a few months down the line. >> vice president joyce became president when the president died in office. and even though the law clearly

provided for the vice president to become president in such a situation, the transition was difficult and at times unpredictable and there were moved to block her from becoming president by any means necessary. her guide through that rough transitional period was the advice of nelson mandela. >> at the moment i became president, i had been isolated, humiliated, called names and an assassination attempt on my life. i found myself in a situation where i had to work with people that had prevented me from becoming president of my country. i had to forgive but i had to forgive without any effort because my madiba had prepared me. [ applause ] .

>> joyce is the -- was the first woman vice president of malawi and she is now the first woman president of malawi. she is the first woman president in all of southern africa. education is the key to theed a va advancement for women in malawi. only 7% of girls complete high school while 15% of boys get high school degrees. there are many roadblocks for girls trying to get through high school, including tuition. high school in malawi is not free. in a poverty stricken country with a per capita annual income of $858, most families can't possibly pay the fees for all of the children or any of their children to go to high school. they are more likely when they do pay such fees to pay for a boy's education than a girl's. that's why we have established a girl's tuition program.

we have raised an additional $50,906 for girls tuition in malawi. the full cost for a year of school for each girl is $177 which includes room and board for the girls who need it. the full cost of each of our desks that are made in malawi has increased to $65 each, reflecting a fuel spike in malawi. that has increased many prices involved in getting the desks built. the price of steel, the price of the wood that the workers use in malawi to make those desks. but any amount you can contribute is helpful. if you contribute $10 to desks or tuition, someone else will contribute $10 and someone else will contribute $10 so a girl will go to high school who otherwise would not have had a chance to go to high school and she will see a desk for the

first time in her life at that school and she will treasure that desk in ways that we who take such things for granted find hard to imagine. and it will be the only furniture that she has at home or at the school where the girls in their dorm torys sleep on the floor. and cook their meals in a kitchen which is nothing more than a walled in area with an open fire on the floor. since i last spoke to you about this last week we have raised an addition additional $138,070 for desks. in our last report we were just $530 below the $6 million mark and as of today we have raised a total of $6,188,446 for the kind fund.

>> my guess was that we would maybe raise about $50,000 in that first year and here we are, $6 million later with many of you repeat contributors every year. i can never thank you enough for your generosity and kindness and i know that the kids of malawi thank you, too. ♪ ♪ [ male announcer ] imagine this cute blob is metamucil.

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and go. you can even take a full-size or above, and still pay the mid-size price. (natalie) ooooh, i like your style. (vo) so do we, business pro. so do we. go national. go like a pro. >> a federal court judge ruled today that the national security agencies mass collection of phone data is likely unconstitutional, violating the fourth amendment. in his ruling, the judge writes i cannot imagine a more arbitrary invasion than this systematic and high-tech collection and retention of personal data on every single person with the purpose of analyzing it without approval. surely that infringes on that degree of privacy that the founders enshrined in the fourth amendment. i have little doubt that the

authors of our constitution who cautioned us to beware of abridgment of freedom of the people by gradual and silence. he then put on hold pending an appeal shortly after the ruling edward snowden published this statement. i acted on the belief that the mass surveillance programs would not with stand a constitutionalal challenge and that the american public deserved a chance. today a secret program authorized by a secret court was then exposed to the light of day found to violate american's rights and it is the first of many. joining me now former chief council for the house judiciary committee. julian, what is your read? >> you have to keep in mind the primary purpose of the program was to find out what phone

numbers terrorists outside the united states are calling inside the united states and who in the united states are calling suspected terrorists outside of the united states. while this is a slap down of the nsa program for sure, i think the critics are popping champagne bottles too quickly. most of the cases going back to 1979 but even a couple of cases floating through the courts have held that this is perfectly constitutional even without a court order or a warrant. remember in this case you had authorization of the actual collection of this meta data. but secondly what the court seems to be saying here is not so much that the collection per say is unconstitutional, it's the way in which the nsa was carrying out the programs. in other words, the nsa is keeping telephone records, that is the numbers of outgoing and incoming phone calls on most americans for up to five years.

this information is regularly updated. and again, it catches most americans who use cell phones or land lines. what the court is saying since 1979 when meta data was first held constitutional, the world has changed and this amount of information allows the government to create a virtual identity of american citizens that use any kind of telephone and so that is invasive of the fourth amendment. i think again, it's somewhat lichlted finding for the following reason. if they were to find ways of limiting the invasion or the collection of data for u.s. citizens for which there is no suspicion whatsoever and if it were to demonstrate that the program was effective in stopping terrorism, then even judge leon says that this

program would be well within the bounds of the constitution. so i think while sit a slap down at the nsa program, the obama administration could appeal this case. if it does it stands a 50/50 chance of winning. because as i say all of the previous cases are on the side of the nsa here. all of them say because the collection of this information is limited to incoming and outgoing phone numbers, no content is listened to, that it is not a violation of the fourth ammendment privacy protections. so the obama administration could clearly appeal this case. if they do i think they stand a pretty good chance of winning. if they want to take a look at what judge leon says in the decision, i think the obama administration could figure out how to limit this program. remember, president obama is not an idea log, he is a pragmatist.

he could limit the program so there is as minimal as possible invasion into our privacy rights. if they could make the case that this is make it the case, of course we'll find this well within the fourth amendment boundaries. >> that's tonight's last word. >> thank you, lawrence. >> chris hayes is up next. good evening from new york. i'm chris hayes. and even as the latest polling finds new jersey governor chris christie leading not only the republican presidential field but also a theoretical matchup against hillary clinton, christie finds himself right in the middle of the biggest political scandal of his career. just wait until the voters of iowa hear about this one. >> tonight i stand here as your