welcome to "rf daily", ahead on today's show, the supreme court is hearing an important argument on a very controversial question, can corporations claim religious freedom? plus there were warnings before the washington landslide and we look at whether officials should have paid more attention. also, an unexpected and important conversation with my colleague andrea mitchell and she joins today's call to action. first a little thing we like to call our headlines. >> can a business claim it has freedom of religion? >> that is the question before the u.s. supreme court as it takes on a couple of cases challenges the country's health care law. >> vladimir putin has his grievances. >> the decision to kick russia out of the g-8. >> it's the end of the post cold war order. >> the massive mud slide in

washington as the death toll climbs. >> people have answering to do why they let so many people live in harm's way. >> the tragedy of malaysia air flight 370, the search is suspended. >> ships and planes from six different countries are planning to head back to the southern indian ocean tomorrow. >> the u.s. is setting an unmanned mini suband pinger locating to listen for the black boxes. >> the russian government announced it will impose sanctions against canada in retaliation for canada's response to the situation in crimea. said one canadian official, all right, that seems fair. >> welcome, everybody, here's a question for you. can corporations believe in god. today the supreme court heard arguments about that very question and its outcome could fundamentally alter our society.

the issue is a provision obamacares that requires companies with more than 50 employees to cover preventative care services which includes contraceptives like morning after bills and iuds. are businesses who don't believe in contraception obl galted to follow the law? several, including the craft store hobby lobby say they aren't. of the implications could reach far beyond contraception. what if the company's religious beliefs prevented from covering vaccinations and mental health care? for the latest i'll turn to pete williams, chief justice correspondent live with us now from the supreme court where arguments just concluded. you've been reporting on this all morning. we appreciate you taking the time to stay with us on this story. >> reporter: pmy pleasure. it didn't seem likely to me that the court will do what i think hobby lobby and conestoga wood

hoped and people that backed them hoped the court would do, go whole hog on the idea that a for profit corporation has religious freedom. that was the goal here. if the court goes in that direction, it may strike a middle ground. it seemed there was some interest and the chief justice asked about this, saying, well, if you're a closely held company like lobby hobby or conestoga wood or christian bookstore chain and owned by a family with a majority religious view, maybe then you can get the exception. but i don't think that the court will say all for profit corporations, exxon, comcast, for that matter could raise religious objections and decline to follow a federal law. >> the ruling may be more nuanced than a black and while all corporations, no corporations. i did want to ask before you leave us about justice kennedy. so often the swing vote in cases like this and may instrumental here. did he say anything revealing? >> reporter: yes, i should point

out the most aggressive questioners of the companies were the court's three women and women's groups are saying that something like 98% of women use contraceptives at some point in their lives. bumt justice kennedy, if he's likely to be the swing vote, he seemed to be saying things supportive of both sides. he said, for example, he's ke g concerned about the balance, you have the religious interest of the company on the one hand but also have the interest of women, the employees who have a legally guaranteed right of access to these contraceptives. how do you balance that out? toward the end of the argument he said to the government's lawyer, if your position prevails and no private corporation can get the religious freedom right, in theory the government could require these companies to pay for abortions. and the chief justice said, well that's what these companies think this law does right now because they equate four contraceptives with four all intents and purposes abortion. >> pete williams, thank you so much, it will be interesting to

see how it plays out. all right, to look at why this case matters so deeply to the future of this country, i'm joined by the one and only, ro berta caplin who successfully overturned the defense of marriage act before the supreme court. thank you for being here. >> pleasure as always. >> to start out we heard about the potential for the court to draw a distinction between big businesses and small businesses. when you look at the overall trend of corporations being considered and afforded the rights of people more and more, do you think there's a chance big corporations like a comcast, namaste to our bosses, could be exempted from following laws like this? >> that's certainly the argument that's made by hobby lobby in this case, that's the argument and what they want court to say. it sounds from what i heard pete williams just to be saying that the court is looking and chief

justice was looking for middle ground. the suggestion i heard is distinguishing between publicly held corporations, corporations where you go and buy their stock on the new york stock exchange or nasdaq or something like that and corporations that are privately held where you can buy their stock but it's not publicly for sale. i have to tell you i'm not sure as a lawyer who does a lot of corporate work in my spare time that that distinction makes a whole lot of sense. dell computers is a private corporation. heinz kech ketchup and uber is a closely held corporation, they have tons of investors and people who own it, it's just the shares aren't for sale. >> so they may be looking at the wrong metric. pulling back to this question of what happens if in this case for this type of business they are afforded the protections of this

religious freedom legislation, what do you think the outcome of that is? where do you think that it stops? actually, i think we have audio of barbara boxer earlier in the day talking about her posing the question of where does it stop if we can roll that. >> and then where do you stop? what's the next objection? do they then object to vaccinations? where do you take it from here? >> obviously a lot of people, including you heard people outside of the court posing this question, people on the hill. what do you think? would they be entitled to then other types of health care? >> lawyers calling this the slippery slope and people often downplay those arguments. as you heard senator boxer, they are serious argument and i think the struggling with them. there have been past cases brought before the supreme court where businesses didn't want to pay social security. they didn't want to honor minimum wage laws or even honor

child labor laws, all on grounds of their religious beliefs. the supreme court time and time again has said, no, corporations are open for business and are making a profit have to follow the generally applicable laws of this country. the implications would be profound if holly lobby got what it wants here. >> hobby lobby sued under the religious freedom restoration act and the language of that act only covers people but we are seeing this general trend in the wake of citizens united, this controversial ruling of corporations being afforded more and more people specific rights like religious freedom. can you describe the significance to this case? >> you're exactly right. the statute says that a person, a statutory language has certain religious rights to freely practice their religion. it was pass after a case involving native americans who wanted to smoke pay oatty and said the laws shouldn't apply to them and the court said they

did. so the question is what did congress have in mind? did they mean individual people who want to practice their religion, which is what we think of in terms of religion or mean corporations? the reason citizens united is so important, until citizens united, i don't think anyone would have taken the argument seriously that a person for purposes of statute is a corporation. but in citizens united they said that was exactly the case in connection with political spending and that corporations have a right to spend as much as they want the same way that people do. >> are you worried about this trend? >> i think it's -- i do think it's potentially damaging. i mean, corporations get a lot of benefits in our society for being corporations. if someone were to get killed while shopping at hobby lobby, the owners cannot be sued for -- by that person, only hobby lobby, sued. by virtue of getting privileges and protections there are other

things we assume are true, which is they had to follow generally applicable law. to start pick and choosing what corporations should do and shouldn't do would be a dangerous precedent. >> interesting to look at this general trend and citizens ulted is having echos far beyond campaigns. thank you. >> pleasure. >> the next story is the video of our day today. three dare devils jumped from freedom tower in september and this video captured by a helmet cam, oh, wow vertigo setting in, just released after the skydivers surrendered to authorities. those b.a.s.e. jumpers, it's an akron nim are facing criminal charges. this comes after a 16-year-old was arrested for climbing to the top of freedom tower. all of this is calling into question, security or lackthere of, the one that replaced the

two powers brought do you know on 9/11. what do you think the world trade center jumpers are? heroes or zeros? we'll have our segment with our choices today but we wanted to go to you on this particular matter. weigh in with two hash tags, rfd hero or rfd zero. we'll reveal your response at the end of the show when we pick our own heroes and zeros. moments ago on a different front, during the speech at the hague, president obama addressed ukraine as well as his standoff with vladimir putin. take take listen. >> i will just ask all americans to send their thoughts and prayers to washington state and the community of oso and the family and friends of those who continue to be missing. >> of course, also weighing in on a pressing story about that landslide, which we will carry

later in the day. rescuers are racing against time as we continue to look at that story and we're going to actually look at whether there were warning signs first. plus, the president's trip abroad, all of this coming up. chinese citizens as well, one more story before we go, marching on the malaysian consulate outraged and demanding answers on the search for flight 370. a lot to cover. stay with us. we're just not su. (agent) i understand. (dad) we've never sold a house before. (agent) i'll walk you guys through every step. (dad) so if we sell, do you think we can swing it? (agent) i have the numbers right here and based on the comps that i've found, the timing is perfect. ...there's a lot of buyers for a house like yours. (dad) that's good to know. (mom) i'm so excited. she loves a lot of it's what you love about her. but your erectile dysfunction - that could be a question of blood flow.

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the realization is that we have responded as well as we can and we'll continue to do that but that we are turning that very delicate corner into the recovery operation. >> today we have more gut-wrenching news of that devastating landslide in washington state. it's now killed 14 souls and

counting. at least 176 people are still unaccounted for. rescue crews have begun the fourth day of searching for any remaining survivors. officials in washington state are saying this was unforeseeable that there was nothing they could have done to stop it. coming up in a few minutes, we're going to hear a shocking story about the history of this hill and the u.s. government's efforts to track warning signs and those signs were present and there's a lot of evidence they were ignored. first of all i want an overview for the latest from the scene of the disaster. for that i turn to jennifer bjorklund, where this slide happened. thank you for joining us. >> reporter: ronan, today the search is intensifying even as the rain is falling, volunteers are coming in and homeowners from the area who have been wanting to climb through the mud and look for survivors of this disaster. they've been kept away but now instead of trying to keep them

out of the zone, they are organizing them with some trained specialists. 96 individuals from all over the country, urban search and rescue are coordinating the search effort today. federal help is also on the way. president obama says he has been keeping a very close watch over this. he's been in contact with local authorities and will do whatever it takes with this rescue and recovery project. again, 176 reported missing. they hope that number will go down as they begin to look at the list and pair people off of it that have been accounted for. again, hope is dim that they'll find any survivors alive. back to you. >> a bleak report there. thank you jennifer bjorklund. county officials have insisted there was no warning to this. john pennington with the county of emergency management called the slide completely unforeseen but new evidence is emerges that

it was anything but unforeseen. as far back as the 1950s, this has been the subject of dismal geological reports and known by locals as slide hill. in the decades since, slide after slide has happened, including one as reept as 2006. in 1999, a report was submitted to the u.s. army corps of engineers warning of a potential of a large catastrophic failure. a report he says went ignored as government officials grant the permits to build homes on this dangerous ground. jim mcdermott of washington state has been following the anguish of people in the home state and joins us from the hill. congressman, thank you so much for taking the time. i am want your reaction to a seattle times report that officials were warned about this large scale potential for disaster and still people were allowed to live in the area and permits granted to build homes. we see this time and time again from katrina to tornado alley to

hurricane sandy and it raises this question, how does this happen? why were people allowed to build here? >> i think, ronan, what you have is in the northwest, we live all the time in denial of the fact that we live in a dangerous place. we live in an earthquake zone. so we know that at any time it could happen here. it could happen there. so people tend not to think about those kinds of things. they try to put them out of their minds and i think sometimes it's easy to understand how something like this occurs in retrospect. you can look back and find everything that everybody did wrong. if you would try to tell people that they couldn't build a house there, it would have been very difficult to do that in the past. so it's unfortunate that it makes you in awe of mother nature. but got to remember that she can strike quick and she can strike hard. >> i hear you, congressman. in that very article we're

talking about, they quote numerous families saying if we had known and including families that were devastated by the 2006 slide, if someone told us we never thought there would be a slide. i did want to push back on your point you can't tell people no to build homes. if you tell them of the risk, you can absolutely say no. >> i think what with knee at this point, ronan is a very careful examination of the process by which the permits were given. there may be evidence that the people weren't told. it may be evidence they were and ignored it. i can't make a judgment about that. it's important for us to learn from this to make enforcement much tougher in the future when government officials have evidence that something like this is a potentiality, they've had evidence. we've had a lot of slides there, not first one. they need to have the understanding that they have to make it stick with people that they can't build there. >> all right, thank you so much,

congressman jim mcdermott. appreciate your time giving us an update on this. all right, well, right now on nbc news.com, interest in this landslide is apparently overtaking interest in any other story, including missing malaysian airlines flight. we want to know what other stories you are interested in. please tell us which underreported story you want us to cover next. many of you have been sending your nominations through the hash tag rfd under. we compiled your top three choices, go to ronan daily.ms c daily.msnbc.com and the topics were the rise of e cigarettes, that new discovery about the big bang theory and controversy swirling around extended unemployment benefits. we will cover your top pick this week. but first coming up on "ronan farrow daily," president obama made his first public comments

since g7 leaders voted to give vladimir putin the boot. plus, details on his new plan to overhaul the nsa's collection of phone records. we have that all coming up. don't go away. if i can impart one lesson to a new business owner, it would be one thing i've learned is my philosophy is real simple american express open forum is an on-line community, that helps our members connect and share ideas to make smart business decisions. if you mess up, fess up. be your partners best partner. we built it for our members, but it's open for everyone.

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uh-oh. geico. fifteen minutes could save you fifteen percent or more on car insurance. now to the volatile international stage. yesterday they suspended russian president vladimir putin from the group of 8 and warned they would strengthen sanctions if putin expands his military intervention into mainland ukraine. president obama is at the hague for a long planned nuclear summit but discussions were overshadowed by the western world standoff with russia over this crisis in ukraine. as the president made clear this morning, take a listen to him. >> america has got a whole lot of challenges. russia is a regional power that

is threatening some of its immediate neighbors, not out strength, but out of weakness. >> all right, to give us a sense of the changing geo politics, is richard haass at the state department and currently president of the council on foreign affairs. >> thanks ronan. >> i want to look at the geopolitics he's dealing with here. the nato allies as you say spendsed putin from the g-8. is that a move of consequence and if not what could they have done that would have teeth? >> it's largely symbolic. the g8 is not a particularly significant international body, it's one of the reasons the g-20 was introduced a few years back. the other steps the united states and others are doing are more significant. the economic sanctions, both

what have been put into place and what have been threatened, the very steps to strengthen some of the countries on the periphery of russia, those that are members of nato. i think those are -- those are more significant. also the promise of economic support for ukraine to bolster its economy. >> it seems like evidence that president obama is having to redouble his efforts with these european allies that he's spending this time in europe and focusing on his remarks so much. how does that jive with the shift towards the far east that the administration was suppose to be championing, do you think he can rely on these old ally snz. >> there's nothing new about differences between united states and its european allies how to deal with in the old days the soviet union now russia because the europeans are physically closer and feel slightly more threatened and

because economically, they are much more closely aligned with russia in the sense that you have russian investment saying british banks or sales to russia of arms are critical for france or energy supplies from russia are important for any number of countries, including germany. the challenge geopolitically is for the administration to get the europeans to work with it and stand up to what the russians have done and more important even to try to discourage or deter the russians from doing anything more. still at the same time, not losing sight of other parts of the world. this is still only one square on the chess board. as you say, the united states has to keep an awful lot of its attention on the asia pacific region where china and japan -- it was interesting in the clip you played from the president, he gave a slight dig at putin, described russia not as a global power but as a regional power. that's not simply a putdown, but it's also a message that the

united states needs to have a strong response but can't lose sight of the rest of the world. >> let's talk about the long-term implications, the topic, nuclear disarmament, it's interesting of course that ukraine was something of a poster child for nuclear disarmament and agreed to surrender its arsenal in a promise for protection, the u.s. and uk and russia were supposed to protect its territorial sovereignty. do you think the recent events and inability of the international community to live up to the promise, put a damper on it in light of what's happened in ukraine? >> you raise a really good point. years ago mr. gadhafi gave up nuclear materials and the world moves to oust him. years before, saddam hussein cooperated with various weapon inspectors and in 2003 the united states invaded. now in this case, you've had

after the budapest agreement of the early '90s where several countries essentially said they would respect ukraine's security and sovereignty, if it were to give up its nuclear weapons, which it did, now russia has violated those understanding. the message i would take from this, is that if you give up your nuclear weapons, you're slightly more vulnerable. it's interesting, north korea has its nuclear weapons and it is not been invaded. so i think people have noticed that and might be one reason iran seems to be fair and impartially intent on moving in that direction. and as you point out, it's a great irony. here are the world's leaders gathering to try to discourage the spread of nuclear weapons and inadvertently this context has said maybe in some circumstances they have a value. >> one big wrench thrown into the relationship with european allies over the last years was of course nsa surveillance and angela merkel really railed against that.

the president addressed it on this trip. listen to what he said just today. >> i want to emphasize once again that some of the dangers that people high poj size when it came to bulk data, there were clear safeguards against bupt i recognize the people were concerned about what might happen in the future with the bulk data. this proposal that's been presented to me would eliminate that concern. >> how do you rate the president's proposal and do you think it will satisfy the european allies still galled by the data collection processes? >> not quite. that's damage limitation. before this crisis over ukraine, this was the dominant issue in europe and dominant issue in u.s./european relations, particularly with germany. what the president is trying to do, sand paper off the edges there. my hunch is it won't be enough for the europeans but that said he probably can't go too much

further because the importance of collecting information in this age still of terrorism is obviously still out there. >> thank you so much. always a pleasure to get your insights on this. a helpful overview of this trip. that was richard haass, former senior state department official and current president of the council on foreign relations. don't go away. up ahead, we'll have much more on the search for the missing malaysian plane and awful weather is adding to the agony of those families waiting for news on their loved ones remains. what will it take to get the wreckage of flight 370 believed to be at the bottom of the indian ocean, we go to an expert on under water searches. stay with us.

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navy shipped a black box locater to listen for the airplane's pings. and also ab unmanned mini sub to assist in the search for the pings. the navy posted this picture of the search and rescue equipment on its way. it's expected to arrive in perth tomorrow morning local time. six countries are planning to resume this search, suspended today due to bad weather of an area more than 26,000 square miles off the coast of australia and in water up to 23,000 feet deep. and that space, deep under the ocean is where the next challenge lies for this search effort. under water search efforts of this type are highly specific and technically complex, to get a sense of what the challenges are in underwater searches, i'll turn to someone with experience, richard burgess, also the editor of sea power magazine.

thank you for joining us. >> thank you. >> how will the underwater hardware be used to retrieve the black box? >> i'll describe each one separately. the box that's designed to listen for the flight data recorder's ping will be towed behind a ship at the very deep depth with a cable connected back to the ship where they can listen for the ping and then once they detect that, they'll be able to mark that position and conduct a more detailed search from there. the other system is the blue fin 21, that is an autonomous under water vehicle it can search broad swaths of the ocean floor and has an echo sounder two, which can get a more detailed look at an object of interest. there's a lot of junk at the bottom of the ocean. sunken ships and containers and

debris cast off by men over the ages. there's a lot of things down there that could appear to be what they are looking for and actually not be what they are looking for. it's quite a challenge and especially the size of the area makes it an extreme challenge. >> you mentioned junk and coordinated underwater missions like this before. we've seen how challenging the weather is above the water for the planes like the once you've experienced piloting in the search efforts. what are the conditions like below? what are they up against? is the visibility low? >> you have the problem of darkness, of course. but the blue fin uses sound energy so it's not affected by the visibility at all under the ocean. you don't have the same kind of turbulence you would have near the surface from the wave action. there are undersea currents, deep undersea currents but generally speaking it's a relatively bee nine object for such an object although it's very deep. and of course the vehicle is designed to go down to maximum

depth and beyond that it could be crushed. the blue fin 21 can go down to 14,700 feet. >> well, this is no small undertaking and we're going to be looking closely at how it all plays out. no word yet on whether they find the black box but as you can see a lot of complex components to try to do just that. thank you so much, richard burgess. >> thank you. >> up next, we switch gears to another very serious topic, a disease that kills 40,000 people each and every year in the united states. we need your help to report out this crisis. it's our call to action right of the break.

welcome back to the program, everybody, there are just days left before the deadline to sign up for obama care and so we're using this week's call to action to take an in depth look at the

cost of health care around this country. here's what we want to you do. please send us a photo with a sign telling us how much your total medical costs of any type are each month. i did it right here on the air and responses have been pouring in through e-mail, and of course through facebook where you guys are all so active. every day, we're going to bring you a different facet of the story as you report on its costs. and today, a very personal story. we're going to look at the struggle confronted by so many women across this country. breast cancer. while survival rates are increasing, they are still terrifying. an american woman's chance of dying from breast cancer is 1 in 36. are those odds you want to brave? conversation about how to prevent breast cancer is also in a new found state of controversy. in december a study published in the british journal of medicine stunned the breast cancer

community and found that one in five diagnoses made as a result of mammograms were overdiagnoses and many undergo aggressive treatment but others still say early detection through mammograms is essential. it was early detection that made all of the difference for my msnbc colleague andrea mitchell and she powerful told the country on air. >> for women, screening matters, do it. this disease can be completely curable if you find it at the right time. >> andrea mitchell, chief foreign affairs correspondent and host of "andrea mitchell reports" right before this hour joins us right now from washington, d.c. to share her personal story. >> my pleasure. >> why is it you decided to come forward with this very personal

story? >> i felt that i had been off the air for a week or few days more and that i owed it to our viewers to dispel any issues that might have arisen. i didn't want it to be released by rumors. i wanted to explain what had happened. i felt it was a matter of public education. in the model along the lines of what betty ford and nancy reagan had done so bravely back in the day when it was simply not discussed. i thought i wanted to just put it out there and let people know what had happened to me because it might be helpful to other women. >> many of us have loved ones or gone through it themselves and know it's hard to come forward for families let alone the nation. i have a lot of respect for that. i wanted to drill down in the controversy what exactly to do on the prevention front. there is this new study, however, you really maintain that prescreening and mammograms specifically helped a lot. you talked to doctors who backed

that up. you're not a medical doctor and made no claims to be a medical doctor but are a very informed advocate. tell us where you land on that. >> well, i am not a doctor. have no medical experience. i'm a patient. and so i went out of concern to night my own doctors and this is what i was told at memorial sloan kettering where i was treated. they were very concerned about the reporting on the study. they say the canadian study on which the british paper was based was flawed from several regards, that the technologyists were of poor quality and the raidology was not done well and imaging was not a good technique and the randomized groupings were not properly done in the two groups in the randomized study. so they say it was flawed data back then which then if you look

at the long-term conclusions that were recently reported, were based on a flawed original sample, number one and flawed imaging. if you didn't have the right numbers of how many cases there were back then, you're not going to have good conclusions now. their conclusion is that mamography does work and it should be available and the concern is this is very confusing. when you hear the different conclusions from different studies, people don't know what to do. women who are not -- don't have means, for instance and making daily judgments about what to spend money on and what to do about their kids and other needs, may decide not to be screened. the fact is there is overdiagnosis but women deserve the right to make that choice themselves and say to their doctors, this could be a false positive, what are my options? they should have that basic information and that early screening does save lives.

>> and you talked about access. one of the obstacles is cost, mammogram without insurance can cost up to $300. they are covered, that's mandated under obamacare, do you see the advent of obama care changing the rate of prevention in this country? >> well, i think that and other insurance decisions being made, but what we don't want i and other patient advocates don't want is for insurers to seize on one or another study which could be an outlier and say we don't need to cover this. that will prevent women who do not have private resources from getting the kind of screening. i go back to all of the data going back decades, back to betty ford who very shortly after her husband became president was not only dying notioned with breast cancer but did a photo opportunity. go online, there was a photo opportunity that she did in the hospital wearing a bathrobe. this is the first lady, only

weeks after they had been sworn into office, with the president of the united states sitting at her bedside giving her a hug and saying to the nation, this is the face of breast cancer. this is what you need to do. you need to be checked. that was not even discussed in that age. that was back in 1974. >> another costly part of this that daunts so many women is coverage for reconstruction following surgery, women have to pay for everything from surgeons fees to anesthesia, to post surgery garments and that can add up a lot. in your opinion should insurance companies be covering this as part of the treatment? >> oh, absolutely. in many cases now with the latest developments in surgical techniques reconstruction can be done in some cases at the same time as the mastectomy, it is all part of the same surgery, if it is not done that day, it is generally done several weeks or months later. and reconstruction is a completely medically

necessary -- this is not just cosmetics, in many cases this is medically necessary as part of the procedure. so i can't even imagine an insurance company having the standing to say this should not be covered. >> all right. thank you so much, andrea. it means a lot to have you here on this subject. >> and with the caveat that i'm speaking as a patient, and as someone who has spent a lot of time on this, out of necessity, but i do not have a medical degree and do not play one on television. >> i think what we are capturing with this conversation and with what people have been submitting from around the country is just how many people this affects and how important it is to be talking about it. and to also look at the costs. so thank you very much for doing exactly that. >> thank you for raising it. >> you can catch andrea's show right before this one at 12:00 p.m. eastern time. and keep participating in this week's call to action. this is an important conversation and we've already received a lot of submissions, including this one from erin.

she pays $1,500 a month. molly sent us this one. her family of five, including this girl on your screen, pays $2,100. again, share your monthly medical costs with us on a sign, take a picture, and tweet it, facebook it, or e-mail our way. you can share other details of your story with msnbc viewers, using #myhealthcare or at myhealthcare.msnbc.com. and up next, which one of these lawmakers decided to buck his party in a rare show of bravery on the beltway? you'll find out after the break. don't go away. ♪ [ girl ] my mom, she makes underwater fans that are powered by the moon. ♪

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all right. welcome back, folks. it is time now for today's heros and zeros.

so you may have noticed, there's not a lot of functionality going on in congress. the most recent congress is actually on track to pass fewer laws than any before. but they do seem really good at yelling at each other. >> if you will sit down and allow me to ask questions, i am a member of the congress of the united states of america! i am tired of this! >> i mean, i grew up with literally every minority and cultural background under one roof and it never got that bad. anyway, this is why we at rfd claim weeping tears of joy to those rare magical moments of congressional harmony. and we actually spotted one yesterday. republican senator mark kirk of illinois, this guy behind me, announced that he will not campaign for the republican nominee who's running against kirk's fellow illinois senator. that's democrat dick durbin. he's doing this so as not to undermine their shared efforts to governor. here's what senator kirk explained his decision to reporters. >> i am going to be protecting

my relationship with dick and not launching into a partisan jihad that hurts our partnership to both pull together for illinois. >> for the increasingly novel approach of putting substance over politics, senator mark kirk is our hero today. all right, we turn now to a decidedly more insidious partnership. yesterday, a federal jury found five former employees of bernie madoff guilty of 31 counts of helping the disgraced financier lie, cheat, steal, bankrupt families and destroy lyes. this last week, madoff interviewed from the prison where he is serving a 150-year sentence defended his former aides, saying they weren't aware of what they were doing. really? about a scheme dating back to the '70s. if there's one person i trust, it's bernie madoff. but the jury disagreed with his assessment and sent them

packing. we would add the newly minted felonies to our zero list. and let's check back in on today's battle of the day before we part ways. we asked, are the freedom tower b.a.s.e. jumpers, those adventurous impresarios heroes or zeros? we want to clarify that onscreen earlier, we did not specify that we meant b.a.s.e. jumpers, that is the technique they were using. here is what we found so far. 57% chose rfd zeros. a lot of mixed feelings about that. on our own team, a lot of adventurers who respected it and some people who thought, too much of a breach of security. we'll keep the conversation going about that. but for now, we're going to wrap things up for today's edition of rfd. thank you all for joining me and it is time for the reid report with my colleague, joy reid. oh, joy, batter my heart, good to see you. >> great to see you too. i don't know about jumping from up that high. >> it's a lot. let's not do that after the show. >> i think we'll just skip that. okay, great show. coming up next on "the reid

report," a mile-wide mud slide obliterates an entire neighborhood in washington state. we're live on the scene with the latest. and the controversial supreme court case that could be a game changer for everything from health care to gay rights. all that plus the latest on the malaysian plane mystery. "the reid report" starts minutes now.  it doesn't operate out of basements or back alleys.

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