>> he pretty much told them -- the president told marquis that he would post him up and he needs to grow a little bit more before they play. >> i say, give an a to marquis jackson, actually a-plus for courage. more than those democrats showed this week. thanks to all of our students today, pass, fail, or somewhere in between. revereverend al's report card i ready to make the grade. thanks for watching. i'm al sharpton. have a great weekend. "hardball" starts right now. >> just lunch? let's play "hardball." ♪ ♪ good evening, i'm chris math news in washington. so they had their big lunch together.

president obama and the republicans who just beat him on tuesday. so are they into each other? will they get together? or is this a beer summit? talk of sharing kentucky bourbon with mitch mcconnell. bottom line, this lunch today, did it get anything going? is divided government going to work or not? deal or no deal? u.s. congressman, democratic whip was at the meeting and joins us now. congressman hoyer, what got done? >> as usual, it's not as black and white as we would hope, and as you just projected. i think what got done was an expression by both sides that the american people are pretty fed up with the dysfunction in the congress of the united states and the inability of their board of directors to act effectively and work together. i think that was agreed upon. were there differences? there were. but there are many things on which we can agree. the president talked about addressing the ebola crisis in

africa and the united states. and i think there's agreement on wanting to do that. i think there's agreement on moving ahead with an omnibus and trying to get that done before december 11th. i think there's agreement that we need to cooperate. the differences of opinion, there are differences of opinion. as you know, immigration is still a sticking point. the senate passed an overwhelmingly bipartisan bill through the united states senate almost 18 months ago. and notwithstanding the fact that everybody agrees the system is broken, the immigration system is broken, the house has not acted and we haven't even considered legislation, whether it was republican legislation, or the senate bill, or democratic legislation. >> so nothing got done on immigration, in terms of the president's threat to act by the end of the year by executive order and the republicans saying this will poison the well, there will wave a red flag in front of the bull. nothing got stopped in that stand-off at all? >> no, chris, i think two

positions were articulated. i don't think they were resolved. i think the president believes he needs to act as he said he would, to stop what he believes is the wrenching apart of families leaving children without parent, or parents. and a system that, as i said, everybody agrees is broken. what the president said is, and what the president said publicly is that, look, whatever action i take, i would much prefer to have a bill passed by the congress of the united states. the speaker made it very clear, as he has publicly in the past, that he is for immigration reform, and the president pointed out that if you pass a bill, your bill will supercede whatever i do. my urging, chris, to the speaker and to mcconnell and to our republican and democratic colleagues, that we not allow a disagreement on one area to

preclude cooperation on areas where we have agreement. that would be bad for the country. and it would be compounding the frustration and the anger that the american people feel about the congress of the united states. >> it's great to have you on. thank you so much for your time. joining me right now is our roundtable nbc senior political reporter perry bacon, michelle bernard, president of the bernard center for women. and phil mattingly. you're the new kid on the block here. what we heard, it's not surprising, but hoyer's hope that this isn't going to be the poisoning of the well seems fruitless. the first thing out of this election is a gunfight where one side will shoot at the other one and they're going to notice it. >> i think the big issue the

white house is trying to say, we can disagree on this. but there's so many issues, there's a couple issues we can get together on. let's focus on those, not immigration. the problem with republican leadership, you go with immigration, and you give them the motivation to make this a big issue. the white house isn't budging, nor are republicans. it's a big problem. >> if the president pulls the trigger by the end of the year, he's so clear on this, perry. i'm going to do this by the end of the year if they don't act. there's 15 days left to act. they're not going to act. the trigger is going to be pulled. >> they weren't going to get along together anyway. [ all speak at once ] >> i don't agree with that. i think they could have a vote. get a vote, get signatures, bring everything to the floor. >> people asked boehner yesterday, if the president agrees not to do an executive order, will you promise to have a vote on the floor?

he wouldn't answer. he paused. he said i'll ask my members. that told me all i need to know. boehner's view is the republican house does not want to pass an immigration bill. he's therefore not going to push the issue. >> but he knows the majority of the house would vote for it. >> but we have known that for the past year and a half. the only thing that changed since tuesday, there are more conservatives in the house than before. >> how are they short? how many votes are they short, if they asked members to vote on this? do we know? >> i have no idea. >> 190 democrats. >> need another 28. can't they buy the 28? >> no. >> why can't they? >> because boehner doesn't want to take a bill to the floor. >> so they won't sign. so the 28 members won't sign the discharge to bring it to the floor? >> not sure. i don't think they will. >> i'd say, let's buy those 28 votes. what do they need?

get big city guys like fitzpatrick and the guys around philly, the ones in new york, they don't care about immigration, they'll go with this, right? >> if they think that it is in any way going to help the president and his legacy, or help the republicans -- [ all speak at once ] >> that's just saying the other side is no good. >> what i'm saying, this is politics. they don't like obama. they pulled the trigger the day he was elected. they have never liked him. if it's going to help democrats in 2016 with the ticket, they're not going to do it. this has nothing to do with -- >> -- i'm going to keep saying it until the end of the year. it's a tough bipartisan bill. it's got 14 republicans. it's a tough bill. why doesn't the president go to the well of the house -- tip used to do this to get the people to follow reagan on tax

reform back in '82. say, you got what you wanted -- >> from the white house perspective, how has he not done that? >> i haven't heard him say it once. put your money where your mouth is. when has he ever said it? >> when they talk, there's their outreach to republicans. >> give me the words you heard the president say about how this bill is tough. >> more homeland secretaries have said it over and over again on the border. >> that's bs. you're not going to stop people coming here if there are jobs here. higher towers, more guns, search lights. that's non-sense. >> that's ted cruz stuff too. >> the bottom line, everything is driven by economics. you would come here, i would come here, if there's a cheap job for me. and the republicans, for whatever reason, don't want to talk about the real magnet. let's move on.

i push, because it's the only way to get the bill through. you say the ball is in the republicans' court and they're not going to do anything. >> no. there might be republicans who want to do something, but is it in their self-interest to do so? the thing they're more concerned with is how do they keep people like ted cruz, who are so overtly anti-immigrant, how do they keep them under control? there's a danger either way that they go. they bring the bill to the floor, people like ted cruz goes far right, show their true colors, and no matter what happens in 2016, it's a serious problem for the republican party. >> so obama wins and you cover the white house. does obama win the president if he has to do it by executive order? does he look good, or does he look like the guy who exploited his authority in this area? >> i think he looks good. >> i think their perspective is he looks good. it's the only reason they'd go on this with the full knowledge

that it could poison the opportunity to do smaller issues which could be bipartisan. >> so you don't think there's any hope for deals on any front? >> no, i feel like there's possibilities, but it's low-level stuff. it's trade, infrastructure. >> and it's stuff the republicans want. >> but to most americans, the issue is economic growth and their paychecks, not whether you have immigration reform or not. politicians care about this issue. most americans, 330 million people in this country, 11 million people here illegally. do the math. >> we know the parties don't agree about the economy. the president says the solution is spend more money on infrastructure, hire more people. >> minimum wage. >> minimum wage. republicans are opposed to those things. i don't think trade is going to create a lot of jobs. >> no, trade the issue, you get -- [ all speak at once ] >> my nomenclature hasn't been clear. they get their trade expansion,

which the president probably does support even though harry reid doesn't. and we get some minimum wage increases. >> if they can make a deal on building a pipeline, this is the argument -- >> it goes through the same committee. >> the argument from republicans in terms of economic and job growth, give us a pipeline, let us build the pipeline, we'll hire people and create jobs. that might be the only way they'll negotiate if they get something they want. >> so keystone in exchange for something else. >> exactly. >> i like the way you're talking. >> let's talk positively here, not end of the world. it's friday. roundtable is staying with us. we'll talk about hope, not nope. a challenge to obamacare, that's coming up. it's going to take a challenge to the subsidies to allow people to get health insurance in the first place. it's a mortal attack on health care. what are they up to this time? if they ban those subsidies, it

gives republicans, i think, a license to kill the president's health care law, in other ways. this is "hardball," the place for politics. so now we've turned her toffee into a business. my goal was to take an idea and make it happen. i'm janet long and i formed my toffee company through legalzoom. i never really thought i would make money doing what i love. we created legalzoom to help people start their business and launch their dreams. go to legalzoom.com today and make your business dream a reality. at legalzoom.com we put the law on your side. ["mony mony" by billy idole she cokicks in on car stereo]y". ♪don't stop now come on mony♪ ♪come on yeah ♪i say yeah ♪yeah ♪yeah ♪yeah ♪yeah ♪yeah ♪yeah ♪'cause you make me feel like a pony♪ ♪so good ♪like your pony ♪so good ♪ride the pony the sentra, with bose audio and nissanconnect technology. spread your joy.

nissan. innovation that excites. [singing] ♪mony mony >> breaking news from the white house. president obama will nominate federal prosecutor loretta lynch to be the next attorney general. that announcement will be made at an event tomorrow. lynch currently serving as a top federal prosecutor for the eastern district of new york. if confirmed, she'd be the first female african american attorney general. eric holder, the current attorney general announced in september he was stepping down. "hardball" continues right after this. tigers, both of you. tigers? don't be modest. i see how you've been investing. setting long term goals. diversifying. dip! you got our attention. we did? of course. you're type e* well, i have been researching retirement strategies. well that's what type e*s do. welcome home. taking control of your retirement? e*trade gives you the tools and resources to get it right. are you type e*?

it's not about how many miles you can get out of the c-max hybrid. it's about how much life you can fit into it. ♪ the ford c-max hybrid. with an epa-estimated range of 540 miles on a tank of gas. and all the room you need to enjoy the trip. go stretch out. go further.

thank you. ordering chinese food is a very predictable experience. i order b14. i get b14. no surprises. buying business internet, on the other hand, can be a roller coaster white knuckle thrill ride. you're promised one speed. but do you consistently get it? you do with comcast business. and often even more. it's reliable. just like kung pao fish. thank you, ping. reliably fast internet starts at $89.95 a month. comcast business. built for business. welcome back to "hardball." it was that old mr. dooly comic back in 1901 that said the supreme court follows the election returns. well, two years ago in a very different political climate, the high court upheld the affordable care act. today after a republican wave,

we learned they'll hear a second case that could kill the bill. millions of people enrolled in the federal government exchanges could get their help through government subsidies. we know that, the government helps you pay for your health care. the court could rule the subsidies are illegal, allowing it to fall apart. 90% of all enrollees rely on the subsidies. if the court rules against them, millions would lose their coverage. we're back with the roundtable, perry and michelle and phil, the new kid. anyway, official, you're the lawyer here. the supreme court said it was okay. they used, i think the interstate commerce clause which has been stretched to include the fact they can make you do something and buy health care, not just under civil rights, they can stop you from something you do want to do. so the courts decided it was okay. now they're looking at this thing that said, the law as written by congress said that only where states have created these exchanges can people get

subsidies. it's been interpreted by the administration more broadly. what if the courts rule you can't have subsidies? >> this is going to be interesting. we have one court of appeals that has said that the federal subsidies are unconstitutional and they struck it down. and another court has said it is constitutional. >> but they're not at the same level. >> no, no. >> there's only one at the level that said -- >> so the supreme court has taken this case on now. typically first year law student o101 101, what you learn is the justices on the supreme court are supposed to divorce themselves from personal politics and just look at the law. here's the problem they think this administration could have. if you look at the language of the case itself, again, law school 101, the statute is what the statute says. and in this case, it says federal subsidies are appropriate in states where there is a state exchange. the irs has interpreted it

broadly in this case and they're saying federal exchanges are fine with conservative justices who are just going to look at the plain meaning of the language in the statute. they could gut it. they could find it unconstitutional. it would be the death of the affordable care act. >> was there legislative history to suggest that was the intent of congress, to only give the subsidies to the state exchanges? >> that's what they're going to have to look at. i haven't looked at the language. i haven't looked at any of what congress says with respect to that key provision of the statute, but that's what they'll be looking at. >> some people say it's illogical. it must have been a glitch, a mistake in the writing, because there's no way to have the system work without the subsidies for everybody. >> yes, the members who wrote the bill say this was a glitch. they have written this out saying we clearly intended -- >> why didn't they go through counsel and have it fixed? >> they couldn't change parts of a bill. they knew it was a problem when

they were signing the law. they couldn't change it because the republicans wouldn't approve it anymore. >> i remember all that now. they could come back and fix the numbers, but they couldn't fix the language. that's interesting. >> exactly. but here's the conservative retort to that. that this was deliberately put into the law as a carrot to get the states to participate. whether or not the overall -- >> so there's a history of somebody saying that during the debate? >> one of the top advisers came out and said afterwards, this was cited on the right when you talk about this issue, being one of the cases, he said this was a carrot that was intended to get all states to go along with the exchanges. that's problematic. but to perry's point, you look through the history, it's not that this was a typo, or it was a glitch. it's that simply they did not have time to go through a conference committee, to go through a normal legislative process and say section xx doesn't match with section xy,

let's fix this immediately. never happened. now it's a huge problem. >> somebody's going to write a back someday about the consequences of ted kennedy passing away. there's so many places where this pops out at you, like this case. we lost him. here's nancy pelosi reacting to the news of the court's decision to hold this case. let's watch. >> why they're taking up, i don't know, the intent of congress is clear. the cbo reporting on the costs of it were always part of how we went forward with the legislation. so it's troubling they would even consider this. >> okay, how does the president deal with this if the court goes 5-4 the other way? shoots down the basis of his entire legislative success, the affordable care act. >> this is going to be very difficult for the president, and i think that the supreme court has a legal basis outside of anything else to strike it down. congress should have got it

right the first time around. if they strike it down now, the president's whole attitude towards congress is going to have to change, because between now and 2016, his people are going to want him to find a way to get the law fixed. >> use executive order with seven million people -- >> that's the point. >> 330 million people eligible for health care that weren't before. can't do everything with eo. >> no, i'm saying his personality and the way he's chosen to deal with members of congress will have to change drast drastically. he's going to have to be a kinder and gentler barack obama and pray he can talk them into fixing it. it's his legacy. >> there's no way they're going to rewrite -- [ all speak at once ] >> you are so partisan, hit, hit, hit, now you're saying, please! >> but that's his only hope.

he can't do this by executive order. if it gets struck down as unconstitutional, the only thing that can be done to save this is legislation, and he needs congress to do it. >> let's talk job roberts, i respect these guys for different reasons. he came out and said, i'm for affordable care. on social issues, like same-sex, the other way. when did they rule on this the first time? he's been spending two years taking fire from everybody buddy, maybe his family, why did you do this? so then he comes along and sees this life saver, where he can fix everything with his crowd, the letter of the law is clear. is he now saying, i have a life preserver, i can go the other way and they'll love me again. >> roberts is fascinating. he gets hammered and then you

get these theories that this was a part of a grand plan he has to move domestic policy toward conservativism. then the conservatives are getting concerned. it only takes four justices to take up a case. you don't know if he's one of them. >> kennedy was the fourth, i think. >> so you have that, how he rules on this, you can't help but think he's sitting there going, i got another shot. and obama is so much more unpopular than then. >> all three of you, mr. duly is right. the supreme court follows the election results. >> absolutely. >> i think they think about it, but john roberts is going to follow what he thinks is intellectually the correct thing to do. >> we got two people who believe in the system. [ laughter ] >> i think the supreme courts are all different.

separate but equal went down. another court wouldn't have done that. i think it took frankfurter -- >> it took people with morals. >> it took thurgood marshall to make the case. anyway, we're coming back with the roundtable to talk about ted cruz. we're talking positively here. get ready for hell. he wants to drive his party off a right-wing cliff. take a look at him and google him. he even looks like mccarthy. governor dan malloy is coming here, he won re-election in connecticut. he's a guy was rooting for, he'll be joining us when we come back. and this is "hardball," a place for politics. introducing the citi® double cash card. it lets you earn cash back when you buy and again as you pay. that's cash back twice. it's cash back with a side of cash back. the citi double cash card. the only card that lets you earn cash back twice on every purchase with 1% when you buy and 1% as you pay .

with two ways to earn, it makes a lot of other cards seem one-sided. (vo)solver of the slice.pro. teacher of the un-teachable. you lower handicaps... and raise hopes. and you...rent from national. because only national lets you choose any car in the aisle... and go. you can even take a full-size or above, and still pay the mid-size price. (pro) nice drive. (vo) well played, business pro. well played. go national. go like a pro. no question about that. but your erectile dysfunction - that could be a question of blood flow. cialis tadalafil for daily use helps you be ready anytime the moment's right. you can be more confident in your ability to be ready. and the same cialis is the only daily ed tablet approved to treat ed and symptoms of bph, like needing to go frequently or urgently. tell your doctor about all your medical conditions and medicines,

and ask if your heart is healthy enough for sex. do not take cialis if you take nitrates for chest pain, as it may cause an unsafe drop in blood pressure. do not drink alcohol in excess. side effects may include headache, upset stomach, delayed backache or muscle ache. to avoid long term injury, get medical help right away for an erection lasting more than four hours. if you have any sudden decrease or loss in hearing or vision, or any allergic reactions like rash, hives, swelling of the lips, tongue or throat, or difficulty breathing or swallowing, stop taking cialis and get medical help right away. ask your doctor about cialis for daily use and a free 30-tablet trial.

do solemnly swear that i will support and defend the constitution of the united states against all enemies foreign and domestic... ♪ ♪ it was evident to me that there was a reluctance to tell parents and loved ones that the person that they were waiting

for was not going to return. i made the decision that to have that go on any longer was wrong. i did it. that was connecticut governor dan malloy in the aftermath of the sandy hook massacre, recalling his decision to bypass the usual protocols and inform the victims' families of their loss. his leadership during that time in consoling the people of connecticut and pushing for stricter gun regulations, show sensitivity and obvious conviction. this past tuesday, governor malloy won a hard-fought re-election battle against tom foley who he beat narrowly four years ago. his victory was one of the few, one of the bright spots for democrats in an election year that clearly favored republicans. he joins us now in our spotlight discussion tonight. governor, i was rooting for you privately. i don't know if you could feel it up there, but i think you're

a good, decent guy, and i just wondered why you had a tough fight. what was it all about up there in connecticut? it's a well educated state, they read the newspaper, they know what's going on, why was it so close? >> you got to remember connecticut tends to elect republican governors. i was the first democratic governor in 20 years. i won by a landslide of 6,400 votes. then i had to do some tough things opini things. i had to raise revenue, renegotiate contracts, trim some services. my first year in office was really hard. then we had storm irene, and then another storm and the economy took another hit because of the two storms back-to-back. it was a tough couple of years and republicans tagged me as the guy who raised everybody's taxes. we knew in the context of a campaign of why we did certain things and that we're making progress. i've seen a 32% drop in murders

in my state since i game into office. high school graduation rates are up. not a single firefighter, policeman, or teacher in the state of connecticut was laid off because i shifted our state burden to local communities. and in that context, i was able to get a gigantic win of three points. >> "the new york times" editorial page, hell of a newspaper, they're not always right, but they said you're an unlikely national spokesman for the pragmatic left. i don't like the use of the word left, it's an odd term. do you see yourself as pragmatic left? >> i think of myself as a progressive and someone who is trying to do the right thing for as many people as i possibly can, and someone who is more than happy to lead in that direction, whether it's 1010 minimum wage, or paid sick days. which we passed in 2011. there wasn't another state that passed it until california weeks

ago, and massachusetts on election night. i don't mind leading the discussion. i don't mind standing up for our president when he's right. and i don't mind pointing out when i don't think he's right, although more times than not, i think he's been right, and i wanted him to come to the state of connecticut and was happy that the first lady came on the thursday before election day and the president came on the sunday before election day. i don't run away from my friends, and i stand by my convictions. >> let's talk taxes for a minute. one of the issues before the president and the republicans is, they're talking both sides about cutting corporate rates. i think you know, being in connecticut, near new york, the financial center of the country, corporate rates have been a problem for our businesses to compete overseas. yet people know there's a lot of loopholes. do you see a deal where the president could get it down to the mid 20s, if they can close enough loopholes? i think it's a win-win. what do you think? >> i think it's a win-win. i'll go one step further. tie it to some level of

immigration reform. at least -- you know, we give masters and doctorate degrees to people and tell them they have to leave our country. and we give it to them in fields that are understaffed and where we need folks. i understand maybe there's not a big immigration deal to be made yet, but let's get to the green card side for people with masters and doctorates and m.d.s and engineers. let's keep them in a bargain to do something about tax rates, and stop this offshoring of the corporate center. >> again, best to you and congratulations. i mean it heartily that you won that election up there. dan malloy, governor of connecticut, in our spotlight tonight. the roundtable is coming back. we're talking about ted cruz, the bad guy to blow up the system. he doesn't want government to work. he's joe mccarthy reincarnated. check the picture out on google.

we'll be right back in a minute. , and the use of medical technology in the u.s.? at t. rowe price, we understand the connections of a complex, global economy. it's just one reason over 70% of our mutual funds beat their 10-year lipper average. t. rowe price. invest with confidence. request a prospectus or summary prospectus with investment information, risks, fees and expenses to read and consider carefully before investing. ["mony mony" by billy idole she cokicks in on car stereo]y". ♪don't stop now come on mony♪ ♪come on yeah ♪i say yeah ♪yeah ♪yeah ♪yeah ♪yeah ♪yeah ♪yeah ♪'cause you make me feel

like a pony♪ ♪so good ♪like your pony ♪so good ♪ride the pony the sentra, with bose audio and nissanconnect technology. spread your joy. nissan. innovation that excites. [singing] ♪mony mony [♪] great rates and safety working in harmony. open an optimizer +plus account from synchrony bank. visit myoptimizerplus.com to open an account. service. security. savings. synchrony bank engage with us.

>> here's what's happening this hour. officials telling nbc news, president obama will nominate new york prosecutor loretta lynch to replace attorney general eric holder. an announcement is expected tomorrow. lynch has been confirmed by the senate twice before, she'd be the first african american women to serve in that role. authorities have ruled robin williams death a suicide. no illegal drugs were in his system when he died august 11th. now back to "hardball." >> now is the time to go after and do everything humanly possible to repeal obamacare. now is the time to stand up and say, follow the constitution, honor the rule of law, and protect the bill of rights. the era of obama lawlessness is

over. >> the face of demagog. welcome back to "hardball." that was texas senator, one of the gop's biggest troublemakers, could prove to be mitch mcconnell's worst nightmare. the hopefuls in the gop caucus, paul and rubio are expected to position themselves -- and also make -- the pressure is going to come from within their own caucus. you have three guys running for president, none of whom care about the senate or their colleagues, or their colleagues' views. when ted cruz starts demanding a personhood amendment, i don't think there's going to be a lot of republicans who are going to be happy. back now with perry bacon,

michelle barnard and phil mattingly. this question of ted cruz, everything he seems to do is one big demolition brigade. he doesn't want bills passed. he treats president obama as a crook. he refers to lawlessness and uses language of revolution. >> if you are a republican leader, ted cruz is a big problem, and is going to continue to be a problem for the next years. whether or not he decides to run for president, and by all accounts, it looks like he's going to. >> why would he run? >> when you look at the people that he speaks to, when you look at the audiences that he appeals to, they love him. he speaks to what they believe in. he actually reaches them on a level they don't feel like anybody else is. and that's not dismissing them or him. i think there's real concern in segments of this country about the direction of the country. ted cruz taps into that maybe better than anybody else. and you talk to people, democrats, who maybe know him

well, they say dismiss him at your own risk. he's an extremely smart person, and you dismiss him at your own risk. >> the question is, what's his goal? i guess everybody has this view of the world they're going to be the leader of. but does he think he can win the nomination? >> he appears to think a lot of things about himself that people like me don't seem to really fathom. but yeah, i do think he thinks he could win. i think he's got almost a god complex in terms of the way that he speaks about -- >> he's god or god likes him, which one? [ laughter ] >> i think he thinks that he's god and therefore god likes him. how's that? he's an enormous problem. and there's a difference between being a moderate republican and a moderate conservative. or even a democrat for that matter and being worried about the direction of the country, and then being ted cruz, who refers to the president as being lawless. ted cruz who wants to send

little children back across the border, ted cruz who wants a flat tax no matter your income, or ted cruz who wants to abolish the irs. he's a serious problem, particularly for republicans in 2016 that are coming from blue states. they got to be saying, how do we control him? >> my problem, is not just resembling mccarthy. but there's a coincidence of the face and the politics. look at the picture. it's weird. that's just an accident at birth. but when he refers to the fact that chuck hagel, who was up for secretary of defense, how do we know he didn't get $200,000 from the north koreans? that's mccarthyism. >> he's the next ronald reagan. he compares himself to ronald reagan. he can -- >> i don't think nancy would agree with that. >> this is a man with a lot of confidence. >> he's not running for fun.

he believes that he can win. a big thing, mitch mcconnell in louisville kept saying, we're not having government shutdowns. >> who is he talking to? >> he's talking to ted cruz. cruz is talking about hearings. >> he's going to make mitch mcconnell loveable. on election night, senator cruz took to fox news and accused of president of abusing his power. let's watch. >> i think that's one of the biggest differences we'll see with the republican majority, finally meaningful oversight of the obama administration from the u.s. senate. for six years, harry reid has been obama's protector and he shut down the senate. there's been no oversight. i hope we begin serious, careful, systematic, sober hearings, examining execive abuse, lawlessness, abuse of power, whether it's the irs wrongfully targeting citizens, whether it is the debacle of

benghazi and four americans who lost their lives and why more was not done to save them or whether it's the lawlessness that is obamacare, as the president picks and chooses which laws to follow. i hope we see serious senate oversight on all of that. >> but the soon to be leader mitch mcconnell struck a different tone. he actually wants to get something done. let's watch. >> when the american -- let me make it clear, there will be no government shutdown and no default on the national debt. >> i talked about it so plamany times on "hardball," the republicans have the control and power, that only the majority can subpoena. they don't need the democrats to go along with anybody. they can do it year round on any issue. it sounds like he and ron johnson, one of his supporters, are ready to use that subpoena power on everything. >> on as much as you possibly

can. i think on some level, if you're mitch mcconnell, you say, okay, good, go do that. go do the oversight hearings. subpoena as much as you want, have a thousand hearings and let us try to work on how to govern across the two chambers and with the white house. >> do you think he'll give him his piece of the action, but keep him out of the way? >> i think so. look, i don't know that he can keep ted cruz out of the way, but i think mitch mcconnell is as good an operator at this sort of thing. if he thinks that's the way he can move stuff forward and show republicans can govern, he'll take that. >> one of the problems, mitch mcconnell says i'll open it up to amendments. other people have thought of it. suppose he has a personhood amendment, which drives republicans right down the middle. >> exactly. mitch mcconnell is shrewd, and he just came out of an election where he had to fight much harder than i believe he ever expected. i don't think he ever expected to have to fight that hard, and -- >> wasted the two million

because he won by 15. i'm sure his wife or somebody said, did you have to spend that money? >> mitch mcconnell understands that going into 2016, they have to be very cognizant of their branding problem. i don't think marco rubio or rand paul are as much of a problem for him as ted cruz is. particularly rand paul. he's coming out with things that are interesting and appealing to others outside of the republican party. ted cruz, anything he does, you come up with a personhood amendment, let's start all over again with the war on women, here we go, thank you, hillary clinton. [ all speak at once ] [ laughter ] >> that was my jamaican accent. >> up next, the navy seal who shot and killed osama bin laden steps forward and identifies himself with new details about the mission to kill the world's number one terrorist. this is "hardball," the place for politics. are all the green lights you? no. it's called grid iq.

the 4:51 is leaving at 4:51. ♪ they cut the power. it'll fix itself. power's back on. quick thinking traffic lights and self correcting power grids make the world predictable. thrillingly predictable. twhat do i do?. you need to catch the 4:10 huh? the equipment tracking system will get you to the loading dock. ♪ there should be a truck leaving now. i got it. now jump off the bridge. what? in 3...2...1... are you kidding me? go. right on time.

right now, over 20,000 trains are running reliably. we call that predictable. thrillingly predictable. president obama has authorize the deployment of another 1,500 troops to iraq. the mission will be to train and advise iraqi forces in the battle against isis. but they won't have a combat role, we're told. this deployment nearly doubles our force in iraq. we'll be right back after this, with the navy seal who shot bin laden.

[singing to himself] "here she comes now sayin' mony mony". ["mony mony" by billy idol kicks in on car stereo] ♪don't stop now come on mony♪ ♪come on yeah ♪i say yeah ♪yeah ♪yeah ♪yeah ♪yeah ♪yeah ♪yeah ♪'cause you make me feel like a pony♪ ♪so good ♪like your pony ♪so good ♪ride the pony the sentra, with bose audio and nissanconnect technology. spread your joy. nissan. innovation that excites. [singing] ♪mony mony woman: everyone in the nicu -- all the nurses wanted to watch him when he was there 118 days.

everything that you thought was important to you changes in light of having a child that needs you every moment. i wouldn't trade him for the world. who matters most to you says the most about you. at massmutual we're owned by our policyowners, and they matter most to us. if you're caring for a child with special needs, our innovative special care program offers strategies that can help. we're back with the roundtable, perry, michelle, and phil, new guy on the block. i never thought we'd talk about this, but apparently the seal team member who killed bin laden has come forward. >> that's right. he's come forth, said he's done

it, he's out, he gave an interview to "the washington post." he's going to do an interview with fox news. he's a motivational speaker. look, this is a tough one, right? >> why would he want to be exposed to the enemy? >> it's a great question. if you read "the washington post" story, his decision was made after he met with some 9/11 families and was told that he gave them a significant amount of closure after speaking to them. he was connected with the congresswoman who set it up and i think that spurred him on. the problem with that, some of his teammates take issue with it. there's an eeth os there -- >> being what? >> that navy seals don't take credit, special forces in general, they don't take credit, they don't seek credit. as a civilian, it's tough to weigh in on the merits. but you see team members coming out saying they have problems with this. >> so what's wrong with this country now, where you have gates and panetta, everybody's speaking, there's no sense of

loyalty. am i the only guy to say, you used to be loyal to your team? you pinetta ratting out the guy he got apoented by. >> i have huge problems with their disloyalty. i don't think i have a problem with this guy. i understand the ethos and it is a personal decision that he has made. but he also brings a great deal of closure to people that are still reeling from what happened in 9/11. >> how does it help the victims? >> i think it's probably no different than anyone who has had a loved one murdered and the police finally arrest them or put them to death and they somehow deal with them and somehow it makes you feel better to talk to the person who took care of this for you. i think it gives families resolution. and, also, these people, the seals, they put their lives on the line for us every day. why would anyone begrudge him

whatever it is he's getting paid. let him deal with his colleagues. let him deal with his team members and the negative feelings he has about doing what he's doing. but i think the public should let him aloan. >> i think you're hue mill yated when you don't have justice. >> let's talk about the true justice for iraq. we're not going out. we're going in. >> we know we have this isis problem. and the president has said he's looking to solve. i think it's actually we were talking about bipartisan support. >> how do you go about it with 3,000 troops against 30,000 people on the other side? >> you don't. there are people who are going to argue, myself being one of them, that we should not have come out of iraq the way we did or when we did. we're not going to win with 3,000 troops. >> i just read the piece in the "wall street journal," he said

had we kept our troop ins there, there would have been the problem with they don't like each other and then they jam them into the streets and then they join isis. >> the u.s. influence on the iraqis when they were there, particularly in the government, would have had some type of impact. how can you say that the dominos wouldn't have fallen this way if 10,000 troops were still there. you can't at all. but what we've seen today is that the central component in the u.s. strategy in iraq, and then sunni tribes to rise up and fight the islamic state to be the forces on the ground is simply not ready to work. how long it takes to get that done is a great question. if they can't figure out a way to actually have a force on the ground that's effective -- >> i should say something here. i mentioned it during the break that a friend of mine told me a friend of his -- and i love getting information like that -- said a member of the military says we don't like being referred to as boots on the ground.

we're human beings in a frightening situation. >> they're heroes. if kim kardashian gets to be famous. >> i could spend my life being on television without that name ever being mentioned. or paris hilton. when we return, let me finish with something i witnessed personally 25 years a go. it's a story of how systems fail. it's a big one. you're watching k ining "hardba place for politics. try a new way to bank, where no branches equals great rates. (receptionist) gunderman group is growing. getting in a groove. growth is gratifying. goal is to grow. gotta get greater growth. i just talked to ups. they got expert advise, special discounts, new technologies. like smart pick ups.

they'll only show up when you print a label and it's automatic. we save time and money. time? money? time and money. awesome. awesome! awesome! awesome! awesome! (all) awesome! i love logistics. who would have thought masterthree cheese lasagna would go with chocolate cake and ceviche? the same guy who thought that small caps and bond funds would go with a merging markets.

it's a masterpiece. thanks. clearly you are type e. you made it phil. welcome home. now what's our strategy with the fondue? diversifying your portfolio? e*trade gives you the tools and resources to get it right. are you type e*? so ally bank really has no hidden fethat's right. accounts? it's just that i'm worried about you know "hidden things..." ok, why's that? no hidden fees, from the bank where no branches equals great rates.

let me finish tonight with something i witnessed quiet personally. it's the story of how systems fail. 25 years ago, i stood on a mound of dirt looking down the potsdommer check point sprating east berlin. it was a weekend in november, 1989. i was watching history. for the second saturday, the communist-running east germany opened the berlin wall letting thou sathousands of east berlins get to the city. you could see the effect of all of those decades of communist repression. and the one thing these people are used to is waiting in long lines for food. for state-issued ticket to an opera. 18 months for one of the ugly little east german cars that chugged along mostly producing exhaust. they were greeting that saturday

morning by british soldiers with hot coffee. and then they caught sight of a bakery truck offering little packets of cook kwees. what a site these desperate people saw. obviously, their lives used to waiting not used to anything good given to them. that's what 40 years living under communism has got them. standing in line for biscuits. i spent a week watching all of this. watching and interviewing east berliners on what this all meant to them. it was the young man who said if many could speak openly to a reporter like me, that he and his friends could speak openly about politics. they talked about the factory manager and the school principle. the true believers of the system were treated the worst. how the east german currency itself was not accepted at the better east berlin hotels.

how their own airlines favored travelers from the west, people with real money to spend. the only man e peoppeople that do well in the east german system were the taxi drivers and hustlers who had access to the tourists visiting from the west. it's when they fail to deliver to the true believers, when they screw the very people on whom soet depends. as i said, the fact ri manager, the school principal. when you fail the people that makes society work, you make the system unworkable. when the nurses start heading west, you know you're in trouble. that's when the berlin fell. when the iron curtain became irrelevant. when the communists were called on their promises that came short. repay loyalty with respect, economic respected. when it no longer does, look out. we in our country of freedom should never forget this lesson because with all of their good

values, the system of the free market still has to deliver for the people, especially for the people who troouszust it most. that's "hardball" for now. thank you for being here. "all in" with chris hayes starts right now. >> tonight on "all in". >> although they were monitoring me serp tishsly, they had the ability to operate my computers remotely. >> a former reporter who claimed the government hacked her computer. i go one-on-one with cheryl atkinson. >> then, late-breaking news of an official presidential nominee for attorney general. plus, the president has his first post-midterm meeting with all congressional leaders. >> i am going to do judgment based on whether or not they're working. >> congressman baey