>> you've never done anything wrong. >> you make this up. >> i know you're trying to calm me down, but just say something that's true. >> it's made your life a strugg struggle. is your behavior erratic? >> he was, indeed, a master and he will be missed. that does it for the "cycle." it's time for alex wagner. the snow keeps on coming and so does scandal. it is monday, february 3rd, and this is "now." >> the next storm. >> new revelations call into question what christie knew and when he knew it. >> hopefully, we want have a lot of stopped vehicles. >> the question is, is he alive? >> the setup for a real week of misery. >> if this man's character was

so horrific going back to high school, why would you appoint him? >> the first human instinct is to hunker down and punch back. >> this is a drip, drip, drip that's going to continue to wear him down. >> the general feeling of the people i speak to in my district, they feel he knew. >> christie continues to deny he knew about the lane closures as they were happening. >> it's going to get harder and heavier. >> call it the legion of boom part two. it could serve as the working title of the unfolding chris christie saga. we are one hour for the top christie aides to reply to the

subpoenas in the bridgegate scandal. two have invoked the fifth. one more resigned over the weekend to pursue an opportunity in the private sector. if you think peyton manning had a bad weekend, consider the host of the big game. he handed off the next super bowl to the state of arizona. >> good afternoon, everybody. you've already heard enough speeches. >> fnew allegations from david wildstein. wildstein's lawyer claimed that evidence exists showing the governor knew about the closings as they were happening. team christie's response, a deeply personal hit list assailing wildstein's character, something that could have come out of the mean girls burn book.

he had a controversial tenure as mayor of livingston. it's a far cry from chris christie's position this past december. at this time when wildstein tendered his resignation, the governor through a spokesman called wildstein a tireless advocate for the state's interests. we are grateful for wildstein's dedication with the work of the port authority. if christie is now digging into wildstein's high school career for evidence of questionable character, "the washington post," is digging into his high school career for christie's

character. christie, ever the sportsman, was worried the lawsuit might force his team to forfeit the entire season. we await future reports of other episodes displaying christie's lack of vindictiveness. joining me now is the host of "up" and mark halprin. steve, i wanted to start with you. the character assassination thing seems to be distinctly a part of the christie playbook at this point. doesn't it bring out the

battering ram on david wildstein's high school career? >> i think the reaction i've heard from people, even people who are supportive of chris christie, the reaction to this statement that came out on saturday is one of shock of how amateur this is. you look at the bullet points in here. he had a controversial tenure as the mayor of livingston. that's the full bullet point. you talk about controversial tenure in office. one of the bullet points is he was anonymous blogger known as wally edge. chris christie was a reader of that site. he would e-mail me with a writer

for this shady site. the christie administration was fully aware of this when they sent him to the port authority. every one of those bullet point items they knew about when they put him there in the first place. you look at this and you say this reeks almost of desperation. a governor who is in the position -- he's in the crisis mode right now -- does this tell you about his circle now? >> mark as our regular folks at msnbc point out, when you're bringing up things that somebody did in high school, you're losing. is doing and spreading personal oppo against private citizens a proper function of state

government funded by taxpayers? that would seem to be a relevant question in the chris christie saga. >> not all the work on that incredibly amateurish document was necessarily done in the governor's office. the governor's office is thinking a lot about this scandal and some of the dissemination was done by government employees. there's the personal. there's the political. and then there's also -- what's the third "p"? >> the personal, the political -- >> some other people. let's go with the "l," the legal. >> let's spend more time on it, mark. >> the fact is we all can agree the thing that came out was inexplicable. the question is why. the other is, they clearly want to send a signal to people don't

make accusationaccusations, whes a good government signal, i don't know. i do know as they go forward they need more allies and not fewer. juliany is more skeptical. the statement itself will go down in the history of this as something that was oort ineithe inexplicable or understandable. >> one of the weird things about the letter from david wildstein's lawyer is the phrasing that "evidence exists." how do you interpret that?

does that mean david wildstein doesn't have the evidence and somebody else may and this is perhaps an effort to elicit that from that other person? >> i don't know. clearly the chief goal is to get an immunity deal. is this letter designed to get that purpose or to try to get the port authority to pay for his legal bills. he's still fighting that battle. this may be the ultimate bluff in phrasing it this way. on our show this weekend, i was talking to another former employee of david wildstein. he said something that describes him pretty well. he's not the kind of person in a game of musical chairs is going to be left without a chair when the music stops. maybe it is the ultimate bluff

here he's trying to pull. he's a strategic thinker. he prepares for contingencies. be cautious with this. i don't know. he is the kind of guy, who i think is prepared for situations like this. >> steve is talking about the complexity of the characters on stage here, mark. another twist is the notion -- not the notion, the statement in governor christie's release, they talk about the real motives behind david wildstein's scheme to close lanes on the george washington bridge, which seems to be a clear indication that the governor's office is putting this on david wildstein. it sounds like it is at this point a literally a game of he say, he say. >> the third thing is he was

professional. they say in the document that it was his scheme. there's one other person who seems to have been involved. the suspicion is that some others were involved. there's not a lot of transparency here. they're trying to send a signal to people and buy time. when you have people with subpoena power, both criminal and legislative power, winning the short term news cycle is not a victory. >> do you think it is winning the news cycle to point out someone was a rowdy 16-year-old? >> it's winning in the following sense, when they don't respond. when they're attacked if they don't fight back, the vacuum is filled by more accusations. let me bring up another factor

here which is jermaine with wildstein and a lot of other people. we're dealing with a lot of people who aren't independently wealthy. part of the danger for christ christie's operation, if they can't get someone else to pay for their legal bills, that may be talking and telling things they know. >> the letter that was written by wildstein's lawyer was part of a broader plan to get the port authority to pay his legal fees. how much of the resignation of the employee this weekend -- how do you interpret that in the scale of alarms? >> the timing looks bad. there's a perception problem there.

the other significant development today that i think the christie administration maybe a little bit worried about here is the letter out on friday. one of the things eluded to in the letter was being part of briefings for the port authority and bill baroni before he gave what now looks to be not the most straight-forward testimony to the assembly on transportation. when he gave that testimony, he was not under oath. the port authority's counsel, who was a deputy in chris christie office, he prepped baroni for that testimony that's been undermined for four or five hours and david wildstein was

there for that testimony as well apparently. >> fascinating. the saga continues. also, we learned what the three "ps." personal, political, professional. >> and ben and jerry's upcoming flavor, bridgegate swirl. >> thank you both, gentlemen. coming up, just moments ago the dow closed the day down more than 300 points. we'll get the latest on today's market. that is ahead. first, president obama sits down for an interview with bill o'reilly featuring the greatest hits, health care, the irs, and benghazi. that's ahead. [ woman #1 ] why do i cook?

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coming up, the death of academy award-winning actor philip seymour hoffman raises serious questions in rising heroin use on america's war on drugs. first, hillary clinton steals the show with a cheeky super bowl tweet. we'll discuss that next. let's say you pay your guy around 2 percent to manage your money. that's not much, you think except it's 2 percent every year. go to e*trade and find out how much our advice and guidance costs. spoiler alert. it's low. it's guidance on your terms not ours. e*trade. less for us, more for you.

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a record 111.5 million americans tuned into to watch the seattle seahawks obliterate the denver broncos. president obama sat down with bill o'reilly. back then, the talk focused on egypt, health care, and the president's football fluency. >> are you actually going to watch the game? >> of course i watch the game. >> you know football and blitzes and coverage and all that? >> i know football. >> in yesterday's interview, o'reilly addressed three of the topics that most fascinate him. >> was it the biggest mistake of your presidency to tell the nation over and over if you like your insurance, you can keep your insurance? >> bill, you have a long list of my mistakes. >> what some people are saying was the irs was used.

we still don't know what happened there. >> that's not what happened. folks have had multiple hearings on this. i mean, these kinds of things keep on surfacing in part because you and your tv station will promote them. >> your detractors do not believe you did not tell the world -- because your campaign didn't want that found out. >> they believe that because that's what your folks tell people. >> there was nothing on the economy or on immigration or on foreign policy or the war or any of the jobs numbers. juan williams noted the republican fixation on benghazi has less to do with the facts because it is their only hope to derail hillary clinton's chances for the white house. hillary clinton summed up the

state of play in both politics and in football. it is so much more fun to watch fox when it is someone else being blitzed and sacked. joining me now are my guests. sam stein, the president said in that very interview there was not a smidgen of corruption. the republican party does not need a smoking gun and congressional republicans are trying to rekindle the irs tea party targeting controversy. is it we can look forward to this forever? this scandal, nonscandal, scandal. >> it certainly feels that way. don't begrudge bill o'reilly for asking the questions he did.

i do find it odd that he didn't have the full facts in front of him. people have looked into this a lot. they've come to the conclusion that it was a bureaucratic bumbling. people did things that were wrong, but there wasn't a plot by the white house here. that has been discussed a lot. if bill o'reilly is going to go in guns ablazing, he should probably have the full facts. that's where i thought the interview went off the rails. >> that's also the question.

whether o'reilly was listening to the president's answers or has accepted any of the facts that have been reported by the irs. when the president sat down with david remnick -- the issue has been the inability of my message to penetrate the republican base so they feel persuaded that i'm not the character that you see on fox news and rush limbaugh. as long as there's those perceptions, it's hard for folks like john boehner to move in my direction. i wonder whether he can and will ever penetrate part of that base. >> no, he'll never penetrate the base, the republican party base,

with visions of who he really is. he even said as much to bill o'reilly. the reason benghazi, irs, problems with the healthcare.gov site, is because bill o'reilly and fox news keeps talking about it. it's something that works with bill o'reilly's audience that also works with the republican party base. they're fixated and obsessed with these three issues, but especially benghazi. when i went down to north carolina to talk about the implementation of the affordable care act, i ran into david jackson what talked about every conspiracy theory related to president under the sun. >> one wonders what the white house could do if not to

neutralize the issue, if not for this presidency, than for 2016. a lot of people think this is really -- what we saw last night was the republican talking points for the 2016 race. i know you tweeted about this before. there is a doj investigation on this stuff. i think it is important to have some sort of branch of government to take this on if the reporting isn't enough. you pointed out there is an obama donor involved. an attorney is going to be investigating some of this irs stuff. one wonders why the administration and justice department would do this given that opens up the investigation to cries for manipulation. >> you don't want to pick people to investigate stuff based on their political affiliations. it's a slippery slope. you have to give someone the benefit of the doubt they will

act independently. it does lend to republican criticisms with the doj investigating this. to the broader question of what the administration can do, think back to when obama took office. one of the first things he did was he held a meeting with conservative columnists. it was a part of charm offensive. that quickly blew up in their face. the white house launched a campaign against fox news for what they thought was unfair coverage. i think they're exhausted in terms of how to deal with it and have surrendered to the idea that they have a faction in this country formed predominantly by republican media --

>> she positions herself on g getting blitzed and sacked. this interview told me that fox has already basically forgotten about obama and sweating bullets over the possible clinton campaign in 2016. >> it appears that the republican party base is now fighting a two-front war. ever since benghazi exploded on the scene, they've been gunning not only for the president, but also then secretary of state hillary clinton for that very reason, to muddy her up in anticipation for a presidential run. if you're hillary clinton who's now out of politics and sitting at home and giving speeches and helping to run your family's

foundation, why not send a little tweet by a twitter. >> some zingers. >> why not? it doesn't hurt her in any respect. >> i thank you, my friends. coming up, bob dillon, he stars in a super bowl ad calling on americas to let asia to assemble your phone. that's next. fifteen minutes could save you fifteen percent or more on car insurance. everybody knows that parker. well, did you know auctioneers make bad grocery store clerks? that'll be $23.50. now .75, 23.75, hold 'em. hey now do i hear 23.75? 24! hey 24 dollar, 24 and a quarter, quarter,

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one ad by bob dillon stood out. >> so let germany brew you a beer. let switzerland make your watch. let asia assemble your phone. we will build your car. >> a few points, germany and switzerland are both countries. asia is the largest continent in the world. it has 44 countries and 4.1 billion people. germany makes far more than beer and switzerland is the sixth richest country in the world. the continent of asia does a lot more than assemble phones. china, the world's most populous country, is expected to overtake

the u.s. as the world's largest economy. the chinese own $1.3 trillion of american debt. india, planet earth's second largest country, is a nuclear power. it is a critical regional ally of the united states. there's a lot of other relevant facts, but the list was probably too long for bob dillon to plug into the sound bytes. there was one promotion that did celebrate america's diversity, a coca-cola spot featuring "america the beautiful" sung in different languages. ♪

>> responding to that ad, here is what former congressman allen west had to say. if we cannot be proud enough as a country to sing "america the beautiful" in english, dog gone, we're on the road to perdition. we are certainly on the road to perdition if we can't be proud that our patriots sing anthems in different languages. difference doesn't make us less american. it makes us distinctly american. rising heroin use was already a very serious problem in america. we'll look at the country's new

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yesterday morning in manhattan, actor philip seymour hoffman was found dead in his apartment with a hypodermic needle in his arm. yesterday, investigators found about 50 bags of what is believed to be heroin in his apartment as well as more than

20 used syringes. according to a 2012 survey, from 2007 to 2012 the number of heroin users nearly doubled in the u.s. from 373,000 to 669,000 in 2012. the supply of heroin on the streets is also on the rise. the amount of heroin seized at the southwest border has increased to 232% since 2008. a bad batch of heroin tainted with a narcotic up to 100 times stronger than morphine has been responsible for the deaths of more than 100 people across the mid atlantic and the northeast. it's taken the lives of 22 in pennsylvania since january 19th.

we are currently in year 43 in the war on drugs. is it finally time to try a new strategy? joining me now is ari melber. i want to talk first about the war on drugs. in 2010, there were 38,329 drug overdose deaths. are we finally at a time -- do you think we're finally at a time where we're going through a rethink about the quote/unquote, war on drugs? >> that's exactly what's happening here.

t people are asking the harder questions which is have we pursued this with such a strategy prison above all else, so that we have a cycle of recidivism instead of rehabilitation. someone like him grinding through the normal process would end up in jail own and end up i cycle of recidivism and not get the treatment they need. >> i want to get your thoughts on the recent supreme court decision last week. the court ruled a heroin dealer could not be held liable for his client's death. this would seem to be -- the

confluence of the far right civil liberties, libertarian strain, and the progressive movement that seeks reform in our criminal justice system, i wonder if you think we are moving -- i mean, this is the future. at the state and the federal level, we'll have more leniency in regard to drug crimes. >> to your point of are we moving? yes. of course heroin is bad. of course dealing it is bad. but the attempt by prosecutors to throw multiple decades at people was too far. what you saw the supreme court there say in a case that's gone through years of litigation, this is too far. yes, you can punish this, but you shouldn't be punishing drug

use or dealing worse than we punish rape or manslaughter. what they see is not a left, right issue. it's one of where a lot of people have come together. that's what congress did last week by passing a bill of rolling back the mandatory minimum of sentences of drug offenses. >> if there were 50 bags of heroin, addiction was clearly a problem. the punishment side is a work in progress. the addiction side we continue to focus less on as a nation. that provides limited immunity from arrest or prosecution when

someone calls emergency services to report an overdose. studies show many times, fewer than half of overdose witnesses, call 911 because they're afraid of legal reprecussions. >> that's understandable. if you think you're going to get a five year or ten year mandatory minimum if it is your friend, you're being asked to make a terrible choice. we make exceptions for police in exigent circumstances. we need to think about mandatory

rehab. what's a way to to take someone who has gotten caught and get them in -- with the threat of jail, you have to go to rehab and you have to complete certain steps, but we are behind most of industrialized nations in terms of solutions. >> you interview the attorney general a few weeks ago. what sense did you get from him as to how they're going to aggressively make this an issue? you want to be progressive and forward thinking. being progressive and forward thinking to some degree requires a tacit acceptance that drugs are here to stay. they are users and dealers and this is part of the fabric of american society. >> he says he cares a great deal about this, which is why they're

taking a different approach. the supreme court case you mentioned was this justice department losing trying to defend its historic prosecutions very aggressively of these drug laws under mandatory minimums. he cares, but he knows his people say they have to do more of this. the deputy attorney general rolled out a program last week. >> always good to see you. after the break, the dominos delivery guys stand up and get their due. we'll introduce you to our latest choice in a series we like to call "champs."

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something rare and inspiring, a real-life david versus goliath story just happened in new york city. two bicycle delivery men filed a lawsuit against the dominos franchise. they weren't upset about working long hard hours. they weren't even complaining about the grumpy and sometimes dangerous customers. these two employees just wanted to be paid for their work. an immigrant from mexico says he typically works 65 hours a week for a domino's location, but he was only paid for 45 hours. when he told his manager he was

being underpaid, he was fired on the spot. if you don't like it here, the door is open to go elsewhere. another dominos delivery man, an immigrant of west african descent said he didn't speak up for four years because he couldn't afford to lose his job. i had no choice but to stay because i had a family to support. one manager told me you will work more than 50 hours a week but we'll pay you 40. that helps the managers increase their bonus. in 2010, they fought back with the help of a nonprofit, the legal aide society, they filed a lawsuit. dozens of other dominos delivery workers joined them. in addition to claiming th

the suit claimed that dominos would pay workers the minimum tip wage, $5.65, even when they did higher paid minimum wage work like kitchen prep work. on friday, the domino's delivery workers won. the settlement was $1.3 million. it will be divided among the 61 workers who were part of the lawsuit. david melton responded. we made some mistakes in our business. what he calls mistakes seem to be a common practice in the fast food business. more than four in five workers, 84% of them reported being victims of wage theft. more than a fourth report having to work off the clock.

the day they're settlement was annoyance ea announced, the lawyer said, hopefully it will be inspire others to come forward. for demanding justice, you are our champs. i'll see you back here tomorrow at 4:00 p.m. eastern. "the ed show" is up next. good evening, americans and welcome to "the ed show live" from detroit. let's get to work. >> let me clear something up about my childhood friend david wildstein. >> the appointee is david wildstein. >> we didn't travel the same circles in high school.