segment." >> i feel like things might be getting a little out of control over there. thank you very much. i look forward to the next installment of "ask a brother." washington is going back to work after the new year. will republicans help americans get back to work? >> hi, everybody. happy new year. >> democrats kick off a winter agenda focused on income and equality. >> if we can get four more republicans, gee whiz. >> you do a disservice to these workers, causing them to become part of this unemployed group. >> i wish i could go back and turn back the clock, but history is in the past. >> are you kidding me?

>> i'm optimistic for the year that lies ahead. an arctic freeze has half the nation hunkered down. for congress, it is time to break the ice on a brand new year. the senate is expected to confirm president obama's pick for the fed. then the vote for extending unemployment benefits. president obama is dialing up the pressure on republicans previewing a speech he'll give tomorrow. this must be the number one priority on lawmakers to-do lists. >> denying families that security is just plain cruel. when congress comes back to work this week, their first order of business should be making this right. >> the three-month suspension is

sponsored by a republican and a democrat. >> i think it is a little insulting, a bit insulting to american workers, when rand paul says unemployment insurance is a disservice to people. >> i think it's wrong to borrow money from china. >> that is a bit of a softening of his position. according to the current tally, only one republican is a full yes on this bill and that's heller who cosponsored it. we're going to get into the politics of all that in a moment, but first let's get a report from luke russert in washington. >> basically you're seeing where the democratic party is trying to start an offense on day one of the second session of the 113th congress. the name of the game for them

this year will be income inequality. the president is going to push that in the state of the union address. a lot of democrats would like to see this pass. i've spoken to them privately. they said, if it goes down, that gives us more ammunition to go after the gop for being so heartless. republicans see this as an issue of debt and deficit. interestingly, what is lost is a lot of the money that goes to in a minute insurance it is not stored. it goes to things like milk, gas, groceries. it's pumped back into the economy. that's not been talked about as much. >> even if this were to get the 60 votes in the senate, it faces an uphill battle in the house. the republican congress says they do not support a clean

extension. it would have to be paid for. the outside conservative interest groups, club for growth, heritage action,they said they would score this vote in the senate. what comes out of the senate would definitely be changed. democrats will not get this cleanly if it is moved. they would definitely have to give something up and feel some pain, for lack of better words. >> we're going to bring in our panel now. welcome to you both. angela, let's pick up right on the point that luke just made which is there has to be some kind of horse trading here. that's the politics of it. and yet democrats do feel like if this is a clean party line vote and republicans start the year rejecting these benefits,

it is bad for them. >> well, it absolutely is bad for them. how do you go from being the party of no to hell no? finding something productive to do for the american people that trust you. we know, for example, that republicans are urging pay for. some of the trade associations are saying if you want to take this vote and you want to continue unemployment benefits for people who are still not working, you need something in the budget to pay for that. they can pay for everything. they don't have any income challenges. they are collecting a steady check regardless of whether or not they're actually working. >> i hear you on that. it goes to the economic issues here. joe, when we look at this kind of situation, we talk about the political pressures, but we all know they're not equal when it comes to the economic issues.

take a look at this. voters are significantly more conservative than nonvoters on redistributive issues and have been in every election since 1972. it is on these issues that the voters offer a biassed voice. it is not actually a surprise. the people who vote have more money and don't care about unemployment benefits. >> on these issues, the american public is strongly in the democratic camp compared to where the republicans are or where the tea party is. on minimum wage and tax the rich, most americans are in the camp that the democrats are in now. the effort to mobilize a lower

income electorate has an a frustration for them. >> yes, the public opinion and approval is there. a lot of people think it is just heartless. what is the deal? this is a couple hundred bucks a month. you hear a lot of that. yet, when it comes to the energy, we know on the sequester when it came to waiting in lines in airports, there was pressure there. where is the actual pressure? >> the problem, ari, is everyone in congressional districts, you would see a big impact on the unemployed from the votes the republicans are going to cast on this. they feel immune from it. you would think one thing that democrats, labor, others on the progressive side might want to do is organize the unemployed,

which is what was done in the depression. that maybe what needs to be done now in order to push this forward during this midterm year. >> what do you think about that, angela? a movement of people who want to work and support each other so they have themselvess in the position to go out and get jobs? >> first, on this point, we've talked about this a little bit before. unemployment insurance should not be a partisan issue because there are unemployed republicans and democrats. there are unemployed whites and blacks. so at some point, again, you really have to figure out what's best to make the economy move forward, what is the best for america at large. you talked about who is actually voting and how this impacts people who don't vote at all. it's too important not to vote.

>> right. >> again, from this research, you can see the damage that suppressive measures that voter id take. it is way too important to exercise your vote. >> thank you very much for your time. we're going to get a live update from the white house. gene sperling join us to talk about what he calls an essential lifeline. that's up next. ♪ ♪ did you run into traffic? no, just had to stop by the house to grab a few things. you stopped by the house? uh-huh. yea. alright, whenever you get your stuff, run upstairs, get cleaned up for dinner. you leave the house in good shape?

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the key players are back to work in washington and already an important vote in the senate to extend the emergency

employment compensation program is scheduled to take place this evening. jay carney started by handing over the microphone to gene sperling. thank you for being here. just briefly, sir, i want to get your position on this press secretary's new beard. >> well, you know, we're definitely hoping for more economic growth than there is growth on jay's face. as a detroit tiger fan, i thought he was trying to rub it in. i didn't really appreciate it. >> i did not talk to you about this joke before we went on air. i would like to go with the c catskills with you some time. i want to get to the serious stuff and the politics here which you've been fighting on for months. we're past the time that people are losing benefits.

the last time there was a big vote on this, you did pick up some senate republicans. what are you and your colleagues at the white house doing here to try to pick up the votes you need? we >> well, you know, we've been talking about when the benefits were cut off. i think people might want to know, when does somebody actually feel it? when do they feel that check being cut off? that is today. today is the day 1.3 million americans would get that check. today or either tomorrow. people are going to be scrambling. it is an urgent, urgent issue. we're trying to say, let's pass this bill right now. it is a three-month extension. let's do it with no strings attached. that'll give more time for millions of people or 1.3 million people to come back and discuss how best to go further in 2014. what we do know it is a

bipartisan bill. it is interesting the senator who supports it is senator heller from nevada. he sees the people. they're hurting. they desperately wants jobs. we're hopeful that other republicans who are home and talking to their constituents will feel that way, especially in states deal with over 8% unemployment. >> we were playing rand paul earlier in the show over the months here. he started with a position saying, i don't want people to get addicted to this thing. what you saw there yesterday on the sunday's shows is he said, no, it's not that i'm against it. i need it paid for.

the white house did offer to pay for it by cutting some farm subsidies. am i being too optimistic into seeing some shift there? >> there is no question that representative shifted. kentucky is still dealing with serious long-term unemployment. that means you've got maybe three or four people looking for a job for every job that's open. i think you go home -- i think the press did a very good job of talking about real people who are people who have worked hard for years and are struggling to find a job. people see the stories of 23,000 people lining up for 800 jobs at walmart. it's not that these people aren't trying. it is just that this recovery, while stronger, still has scars from the great recession. that scar hurts most those who

are long-term unemployed. what gives me hope that something will happen is when people are at home and they're talking to real-life people, it becomes less of an ideological issue. even >> i hear you. that's where the numbers meet the challenge. if unemployment is very low, you can start to have a conversation over whether people aren't looking hard enough for jobs. we know it has nothing to do with the individuals, but it is coming out of this great recession. i know you've been campaigning. thank you for your time today. >> thank you for having me. coming up, what 2014 has in

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i took medicine but i still have symptoms. [ sneeze ] [ male announcer ] truth is not all flu products treat all your symptoms. what? [ male announcer ] alka-seltzer plus severe cold and flu speeds relief to these eight symptoms. [ breath of relief ] thanks. [ male announcer ] you're welcome. ready? go. we cannot have a country that's paralyzed because of a group of people, the group of people who are they, tea party driven individuals in congress. >> many are looking of course towards the november midterms. of the 12 republicans, seven could lose their jobs before november. they're facing the tea party primaries from the right. mitch mcconnell faces one in may. john cornyn faces a challenge.

if they lose some of those races, think about this. it would be the third consecutive election cycle where the tea party is changing the composition of the republican party. is the tea party driving us towards what could be a natural realignment? he argues there are some historical precedents for a realignment. we're also joined by the director of the university of virginia center for politics. >> thank you. >> you've argued that christie said 2014 can be a realigning

election for republicans. you've compared to his potential to realignment figures like mckinley and fdr. how would he be like those presidents? >> it is very simple. in 30 years, america will be a majority nonwhite nation. in 2011 when we had our first nonwhite president in the oval office, the majority of babies born in the united states were nonwhite. christie is the only republican who has done this. if he's able in 2016 to do what he did in new jersey nationally and win blue states, you would be talking about a historical national realignment. >> jay, let me build that over to larry.

part of the question is whether the tea party energy can be harnessed or expanded. people who had serious energy among their base but then actually brought in new voters. >> look, in american history, you've had five and maybe six realignments. the last two, i think, are interesting because they haven't occurred all at once the way they did with andrew jackson in 1828 or mckinley in 1896 or fdr in 1932. the first rolling realignment was from nixon to reagan. the 1968 to 1980. i think you could make a good argument that's been another rolling realignment. democrats have won five of the last six popular votes for president since clinton. you may have had two rolling

realignments in modern times. how does the tea party fit into this? they're making it tougher for republicans to come back. this is an interesting split in the republican party. there's no way democrats will either accept the tea party or the tea party people will want to move into the democratic party. so this is an internal split where there are only two outcomes. it either continues and intensifies or they become disillusioned and tune out and drop out or maybe have a third party for a brief period of time, which would damage the republican base. >> i think that's well put. we were talking about christie as a uniter.

the other alternative is you have a different kind of tea party republican that actually takes charge at the national level. mcconnell goes out and say rand paul comes in. does he look like a gold water figure? does that set up a race against "duck dynasty" america and "modern family america"? >> i'm very skeptical of that. if you look at the occupy wall street movement, young people are socially libertarian, but they're not economically libertarian. i just do not see how rand paul and his particular brand of conservativism can build out into the future. if you look at barry goldwater it came at a period when there was tremendous skepticism about

government action. when you look at young people today, you see a clamoring for more government and government to solve problems. >> what do you make of that? while pure and clearly eye-catching, it is not built for a national electorate or today's young electorate. >> it would take a major cataclysm to elect a goldwater candidate. meaning a deep depression or a scandal. people often say to me, wait a minute, you're talking about goldwater being a divisive figure. here's the difference between the 60s and today. in 1968, you had 17 state primaries. the establishment still controlled the nominating

process. they seized it back from the goldwater supporters. today you have more than 40 primaries. there's no way for the establishment to seize back control of a party who was taken over by people outside the mainstream. >> you're hitting on something so important. jay and i did meet when we first worked on the kerry campaign together. there was initially the idea you would open the party to more people. as larry is saying, initially that was handed out to the people. in states where there's caucuses, yes, it is not just elites. that could be a good thing, but ask them in utah how they worked out and whether they were getting a sample of the whole electorate. >> the establishment and the tea party are fighting right now. they're fighting over a

shrinking pot. we worked together on a campaign that was ten years ago. it might as well have been 10,000 years ago. if you looked at the numbers george bush posed under latin latinos -- it is impossible to imagine the republican party reversing course and going back to that model today. basically what they had in '04 was a model that spoke to the nation's demographics. now they have the opposite of that. >> people say, sometimes i don't know if ronald ray-reagan could a republican primary today. thanks for joining us today. >> thank you. >> thanks a lot. coming up with a pair of back to work votes scheduled in the senate, we're going to talk to a member of the upper

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♪ whoa, who-o-o-a ♪ one, two, three, four! ♪ ohh, oh-oh-oh-oh ♪ ohh, oh-oh-oh-ohhh ♪ go, let's go ♪ hit me like a supernova ♪ let it flow ♪ over like an ocean ♪ when the sound explodes ♪ everybody's feeling all right ♪

♪ everybody's feeling all right ♪ ♪ ohh, oh-oh-oh-oh welcome back. the senate is back working hard. the first piece of legislation they are considering will be a three-month extension of those long-term unemployment benefits. a test vote is due in the next hour or two. this would be impacting over 1.3 million americas who are facing their first official day without those checks. the white house is doing its part to get reluctant republicans on board for offsets. >> there's a bill in the senate that will be voted on soon that treats this as the emergency it is, would extend benefits for just three months and we ought to act on that. what is distinct from the latter

times unemployment insurance was extends, the deficit is going down instead of up. >> jared has a longer title, but less power. senator, i'm going to start with you. what is the state of play? we have talked about the substance today. we heard from gene sperling at the white house about the economic focus here. what are the politics in the senate? >> we're going to vote later this afternoon to break the filibuster on the motion to proceed to the bill. if we then get on to the bill, we may have to face another filibuster after that on the bill itself. in the meantime, it is not yet clear that we have the republican votes to break either filibuster, so we're hoping that there's some hearts that have been warmed in the new year and

some people have heard from their constituents that these are, you know, real, regular people. i'm hearing from people like chris in rhode island. he's 45 years old. he's been working all his life. never been unemployed before and in the economy in rhode island, we're at 9% unemployment. there are just not the jobs for these folks. >> i hear you on that. senator, i was just looking at the record here from the last big vote. republicans in your chamber that you did get, cochran, graham, wi wickard. are you reaching out to them? >> jack reed is leading the charge and is doing the best to round up the votes that he can. at present, he's not saying that

we thinks we have the votes, but that it's in play. >> that it's possible. >> a lot of people are saying, i may, i may not. a lot of people want to see who else is voting, talk to their colleagues. i think it is kind of up in the air right now. this is going to be a vote that will work itself out on the flo floor. >> jared, what's your take? >> jack reed and sheldon didn't get in this business for the last week. for a long time, they've been supportive of these types of measures. i think the confusion right now besides the political dynamics is that the economy is improving. the job market is improving, but it is far from healed. if you look at the share of long-term unemployed, that's 2.6% of the labor force, historically when congress has

allowed extended benefits to expire, the share has been half that size, 1.3% of the labor force. meaning many fewer long-term unemployed depended on benefits. that's why this extension is so essential. >> that makes sense to me. the other piece of this that we talk about, any titime you look these types of programs, like age or a condition, when you have been in the labor force previously, you have paid in for these type of benefits. that strikes me, senator, as the more conservative piece of this. it is not something that's coming out of the ether. these are people who have paid in and now is the very time in the hangover of the recession where they need help. >> yeah. back to jared's point as well, this is how you get the economy

back going again. so the republicans say they want to get the economy going again. fine. don't damage it by knocking this hole in it. let the people continue to spend the money they do. it recycles. it has a huge multiplier effect. it is the best multiplier of anything we can do to compel the economy forward, and the republicans are still blocking it. >> yes, it is the second highest multiplier after food stamps. here's the analysis that i think is really relevant. the congressional budget office estimates if we allow this extension to expire, it will shave two tenths off of gdp next

year. in fact, that's more than the cost of the program. let's be real here. we're actually hurting ourselves, hurting our economy, hurting the people who depend on the program. >> senator, what's your response there? >> i think what we've seen out of the republicans for a long time whether it is blocking infrastructure bills or trying to do cuts or methods that have been proven to fail in the european experiments is that ideology trumps everything every time. it is this extremist group that is taking these steps and driving the economy off the rails and fighting economic progress. it doesn't make any sense, but that's where their ideology

takes them. >> i think those are strong words, but it is fair in this situation. this is not just an insurance bill. it is in very real terms a growth bill. thank you both for your time on this big vote day. >> thank you. coming up, we're going to talk about the path forward for edward snowden. a new year bringing new controversies. we're going to talk about that and more in today's top lines. open to ambition. open to bold ideas. that's why new york has a new plan -- dozens of tax free zones all across the state. move here, expand here, or start a new business here and pay no taxes for ten years... we're new york. if there's something that creates more jobs, and grows more businesses... we're open to it. start a tax-free business at startup-ny.com.

much of the country is still recovering from this weekend's winter storm. the snow may be over, but it is extremely and frankly in some places dangerously cold. the wind chills has dragged temperatures down to negative 37 in minneapolis and chicago. that is heading east. stay warm, everybody.

we're going to turn to a security debate. as the courts begin to smackdown the nsa, does edward snowden look more like a whistle-blower than a fugitive? "the new york times," says yes. one republican is saying the intelligence chief should face jail time. that is all in our top line s segment next. for cnbc, s&p extended 2014 losses into a third session. investors are in a more cautious move. the dow falling 45 points. nasdaq slipped 18 points. i'm josh lipton for cnbc.

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from pinning down paul to sanctuary for snowden, is it okay to leak secrets? >> i don't think edward snowden deserves the death penalty or life in prison. >> rand paul doesn't know what he's talking about. he doesn't deserve to be in the united states senate. >> i don't think that's okay either. he probably would come home for some penalty of a few years in prison. >> rand paul is putting american lives at risk. >> is clemency off the table as far as you're concerned? >> i would not put clemency on the table at all. >> history is going to judge that he revealed great abuses of our government and great abuses of our intelligence community.

>> mr. snowden decided to go off on his own and he exacted quite a bit of damage in my judgment. >> privacy is what allows us to determine who we are and who we want to be. >> you said it might be a good idea for edward snowden and james clapper, the head of national intelligence, to share a prison cell. >> i'm saying the director of national intelligence in march did directly lie to congress. >> does the nsa collect any type of data at all on hundreds of millions of americans? >> he said they were not collecting any data on american citizens. >> no, sir, it does not. >> not wittingly. >> james clapper did break the law and there is a prison sentence for that. >> i responded in the most truthful. >> so did edward snowden.

maybe if they serveed in a prison cell today, maybe we could be further enlightened on what we should and couldn't do as a country. >> he said it would be a good idea for snowden to share a cell with james clapper. others say snowden deserves clemency or a pardon. joining us now is a harvard law professor who called back in november for snowden to be given amnesty. joining us also goldie taylor. professor, i want to start with you on two pieces of that. one, the relevance and importance of mr. clapper's testimony and whether that is a crime or should be pursued as such. and two, whether the fact that at least one federal court has now suggested that the revelations that edward snowden

provided us show illegal government conduct. does that change the way we should look at snowden? >> i think both of these things are really important. the first, clapper's testimony. there's no question it was an untrue statement. he even admitted it later on. it teaches how imperfect our limited the post watergate system of congressional oversight is. in order to preserve the secrets of national security, what we have is an incredibly weak oversight system. for years, it allowed the nsa to build a program as we look at it now seems excessive, intuiti unconstitution unconstitutional, and illegal. it is one instance that teaches us how weak congressional oversight was and therefore how critical allowing

whistle-blowers to blow the whistle is. >> to bring that out to goldie, that's the issue here. he took an oath and violated it and then ran away. they are angry at home. they feel he did something wrong. how does that get reconciled with the professor's point right here, which is on the heart of this issue,the only other checks were being perverted by what we now know to be a lie to congress? >> i have to agree with the professor that post watergate and post 9/11 we did a lot of things in our federal government to sort of globalize this war on terror in a way i think infringes upon our personal human rights. at the time of this enactment, there were sharp questions that needed to be asked. they weren't asked then. we find ourselves in a quagmire

now of trying to resolve this. we should have asked those questions then. will snowden have a price to ultimately pay for it? of course, he will. he took it upon himself. he knew what the law was when he took it. >> professor, i want to give you a chance to respond to some of the criticisms. snowden also didn't just disclose the domestic spying program, information about cia recruitment efforts, gave information on intelligence gathering in iran. do you feel as a legal matter or a practical matter the size of his disclosure should affect whether we think of him being a

whistle-blower or something that was too broad? >> the size of the disclosure and the danger it creates is part of the consideration. it is not enough to overwhelm the power of his relatiovelatio. the government has systematically breached our constitutional lights, circumvented law, undermined the court. those are huge revelations. they woke us up to something that is a fundamental problem. he may not be imperfect. that's not the question. do we want the system that only martyrs will be the only ones to come out and say what's going on? we don't want that system. >> we know from the public materials that the nsa has

become a private detective in search of a client. we have learned the scale of the surveillance and spying on merkel and other individuals. the president said, he didn't even know it was going on. if we take him at his word and we know president obama is announcing to make some changes on this policy, what do we take from this where modern presidents don't get to find out what is being done purportedly for national security in their name? >> we're going to have a scenario where the people we're going to hold publicly accountable, they'll not always know what's happening in the back kitchen.

in in cathis case, some of thos things happening in the kitchen wasn't stuff we approved of. >> we are running out of time. professor, on the oversight question. absent some punishment, what does oversight even mean? >> it has to mean that congress is politically accountable. for that to be the case, we have to have transparency. you can't have transparency without somewhere with a human being with a conscious being willing to say, no, all these systems are wrong. here's the truth and the american public needs to know it. we have to respect that. >> i think that's well put. i think the issue here is we know from history and other leakers how in the moment and with the passion, some of which come from an understandable place, we tend to focus too much

on the leaker and not the revelatio revelations. thank you both for your time and we will be right back. mayo? corn dogs? you are so outta here! aah! 'cause i'm re-workin' the menu, keeping her healthy and you on your toes. [ female announcer ] the complete balanced nutrition of great-tasting ensure. 24 vitamins and minerals, antioxidants, and 9 grams of protein. i see you, cupcake! uh-oh! [ bottle ] the number one doctor recommended brand. ensure®. nutrition in charge™.

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[ male announcer ] you're welcome. ready? go. thank you for sticking with us. the senate is holding that unemployment vote and "the ed show" as you covered. good evening, americans. welcome to "the ed show" live from new york. let's get to work. >> the ultimate answer is not unemployment insurance. >> the longer you have it, it does provide some disincentive to work. >> they want to work. i think it is a little insulting to american workers. >> we keep the faith with them until they start that new job. >> people who have had jobs for 25 years lost them and they've been knocking on doors every week. >> these giveaway programs -- >> this is typical for republican members of congress.