bronzed john boehner and likely to not keep him from winning a third term is the odds on favorite still. crack open that bottle of self tanner or wood stain or whatever that shade comes from. let's check in on the senate side. joe biden conducted official swearings in. he is about to do mock swearings in. you can see a live picture of where it's going to go down. we will be keeping tabs for you. that senate has a republican majority led by the man, the myth, the legend and the guy the president doesn't want to get a drink with senator mitch mcconnell. nbc's kelly o'donnell. good to see you. today's vote for speaker. why is boehner facing his biggest challenge yet even though as we said it seems his fate is secure? >> it's another form of being beautifully awkward today. this is part of the resistance from the most conservative

members who are upset with how john boehner led their conference and don't believe he has done enough to buck the president and challenge and stop the president on the immigration action and so this has bubbled up. what's interesting is when john boehner's name was put into nomination by kathy morris rogers, she part of the team and noted that the conference of the congress that went home had unanimously voted for john boehner to be their nominee for the speaker. in the time since, the members of the most conservative wing of the republican party have decided to make a stand. nominating a few other names, voting other than john boehner to send a signal that they don't want the status quo. the math is important here. it appears that john boehner will have enough votes to be reelected speaker, but we have drama to unfold as other names come forward from people and

about people who say he just hasn't done enough to represent what conservatives want. many others think it's time to give john boehner a chance to work with a newly republican-led senate to maybe try to get things done. ronan? >> kelly o'donnell, thanks so much. the president will meet with leaders next week but what's the first order of business with the new republican-led congress? drumroll -- keystone. they framed it this way. we have to ask, all that money spent on the mid-terms and jockeying for control of the senate and the first statement from the new majority is keystone and small ball politics on the right, left, or the middle. it's no contract with america. we are awaiting the start of the briefing, josh earnest was asked at yesterday's briefing whether the president would veto the bill. we will let you know if it am cans up again today. yesterday's answer was a non-answer. not a lot of news there.

joining me now from the white house, we have a lot of news. kristin, why the quiet so far on the white house end of this conversation? >> ronan, good afternoon. it's not unusual for the white house to withhold final judgment but the president himself signalled he will likely veto the legislation saying that it's not going to create as many jobs as republicans have predicted and he expressed concerns about pollution and the environment. we heard that message echoed by white house press secretary josh earnest. josh is going to get a number of questions about that again today. in addition keystone he wean 'tis pate they have the coming weeks to repeal. we don't expect a lot of progress. having said that the president and congressional republicans

who now control congress have signalled they want to find common ground on issues like trade, infrastructure corporate tax reform and there is a lot of pressure on republicans to get something done because they do control congress now. you recall americans were fed up with the gridlock in washington. there is pressure on president obama too. he is facing his final two years in office. ronan? >> there is foreign policy happenings today. the president is meeting with mexico's president. what's on the agenda? a lot happening. how hard is he going to be on nieto? >> the two leaders are meeting right now. reporters just walked in or about to walk into the oval office. they will hopefully be able to ask a few questions of the leaders. first and foremost cuba. president obama just announced that he is planning to normalize relations with cuba for the first time in 50 years. he is going to ask for the

president's help with that, pressuring cuba to make democratic reforms and also immigration. president obama just announced the big executive action that would legalize about four million immigrants who live here. he will help and ask for nieto's help with that. the violence and drug violence within mexico on the heels of the college students who were abducted and presumed to be murdered. a lot of people pressuring president obama to press president nieto to make broader reforms and crack down. there dozens of protesters outside of the white house right now who are protesting the violence within mexico. back to you. >> back to your reporting. thank you for taking the time. >> why live in the property when we can speculate about a year from now. he took another step towards running for president. he finally announced the formation of a super pac. >> everybody, today we are

setting up the right to rise pack a pack to support candidates who believe in conservative principals to allow all americans to rise up. if you are interested go to right to rise pack.org. >> with an iphone one step closer to kind of sort of being excited to being a potential runner. >> a manhunt for the suspect who shot two nypd officers. they were shot and wounded last night while responding to a robbery at a grocery store in the bronx. both are expected to survive is the good news. the mayor commended the officers. >> these officers did something that was extraordinarily brave this evening and they did it as part of their commitment. these officers had come off their shift upon hearing this

call and went back out in search of these criminals. this sunday shock waves around the country. tensions are high between the nypd and city leaders following the deaths. they turned their back on the mayor at lui's funeral on sunday. they dropped for the second week in a row last week. people of speculating about the blue flu. the "new york times" showing how much they have fallen year to year. look at that. >> what will be good news for the nypd they told us that the suspected gunman has been arrested in the bronx. that makes two suspects in the robbery and shooting that are in

custody. he took himself to a report and suffering gunshot wounds. >> tre main lee, thanks for the update. >> a few other stories we are following. a polar plunge from a blast of dangerously low temperatures and even subhitting the midwest and the east. only expected to get worse as the week wears on. snow and lots of it. it complicated the morning commute and prompted closures on the east coast to the west in washington state. heavy rain caused a mudslide that knocked homes from below the foundations. there is fear that more of that hillside you saw could collapse later today. we will keep track for you. let's go over to virginia where bob mcdonald is in a courthouse facing his sentencing on corruption charges. he was once considered a contender for the white house

and could get up to two decades and was convicted of trading favors for loans, gifts and vacations. sorted story. hundreds wrote letters to the judge on his behalf asking for leniency. we will let you know what the judge rules as soon as it comes down. >> florida became the 36th state to allow gay and lesbian couples to marry. they lifted a stay on a ruling from back in july that found that the ban on those marriages was unconstitutional. the court started issuing marriage licenses and couples across the state tied the knot. look at the celebration there. very sweet. charlie crist said today's papers warmed my heart. all love is equal in the eyes of the law and our state is stronger for it. and a sad update in ohio. the mother of tamir rice is speaking out about the investigation into her son's death. he was shot and killed in a park in november by members of the

cleveland police department. officers who say they thought he had a real gun, but later learned that he was carrying a pellet gun. rice is joined by her attorney at today's news conference in cleveland. you see him right there. that follows the announcement that it is handing over this investigation to the county sheriff's office. we will keep track. up next we will talk to one of the top democrats in the house will the challenges facing both parties this year. that's next. stay with us.

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>> welcome back ladies and gents. the weather gods are having people bracing for severe

weather. expecting seven inches of snow with dangerously cold winds. parts of the northeast see up to 15 inches of snow. the storm is moving east where we are experiencing the coldest temperatures so far this winter. in d.c. snow prompted many schools to close and new jersey senator did what cory booker always does when she not rescuing people. he offered them to shovel out.

>> light snowfalling and snot sticking here in the city. more snow in the suburbs expected here. this is a storm that is affecting a huge part of this country and people here on this street. this goes through thursday and friday. supposedly a lot worse here tomorrow. the temperatures are supposed to plummet and struggle in new york to reach 20 and in places like chicago, struggle to reach up to zero. it's brutally cold and getting colder. this is what we will have for a little while. batten down the hatches and welcome to winter the worst we have had.

it's going to get worse before it gets better. >> over in las vegas, it's warmer and sunny and 60 degrees. we have news. the consumer electronics kicking off with the share of fabulous and only mildly crazy inventions. we want to share our favorites. the tech geek edition of the daily spike. for all of the gen-x early millennials out there, i have good news and also bad news. first, the good. sony bringing back the walk man. oh, yeah. now the bad. it's going to have a price tag of over $1100 when made available this spring. the zx 2 is not meant to compete with smart phones. it uses older technology. it is geared for high end audio files with aiff loss lists and interesting here. whatever those are, but i know what those are because i'm a

huge geek and i listen to a lot of that audio. the best quality possible. next another code for the 2015 ces is bendable. i know it sounds like a pixar movie, but a lot of devices on display can bend. the 105 inch suhd tv i think i have the product designation that goes from flas to curved. you have to touch a button to do it. start saving. we don't know how much it will cost. estimates place it around a cool $260,000. and lg unveiled the curved g flex 2 to make it more durable and calls easier to place. unclear how that is true but it looks cool. file this one finally under too much vc. another offering is a robot. this is my favorite that can whip all of our butts at beer

pong. the essentials they are making. empire robotics, the frat boy shows the gripper hand called the versa ball and uses air to suck up a ball hold it and shoot it across the table. essential. since they can't drink, more beer for the rest of us. good news all-around. once again, we are watching the house as house members vote for their next speaker. you are looking at a live shot on the floor where the vote is in progress. the a fun fact that the constitution doesn't require it be held by a member of congress. did you know that? in fact last congress got one vote. i think he has mine actual low. we will be talking about the challenges ahead for john boehner ahead in the show. you owned your car for four years. you named it brad. you loved brad. and then you totaled him. you two had been through everything together. two boyfriends. three jobs. you're like "nothing can replace brad!"

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senate and house and one of the most diverse ever. 80% male. 80% white, and 92% christian. that's one of the most diverse congresses ever? really, america? on the upside there 104 women on the house and senate nearly 100 black, latino and asian lawmaker's as well as this guy. that's the big decision going down. will orange be the new speaker? msnbc correspondent casey hunt is tracking the vote in realtime. >> this is looking to come out like we expected. so far speaker boehner is on relatively solid footing and we have seen the defections and this is going on as you and i are speaking now. some of those are going to the congressman who has been vocal about his opposition. we are seeing a little bit of a wider selection of potential

others who people would like to see including one vote for rand paul. of course the speaker of the house does not have to be a member of the house of representatives, a little bit of an interesting twist. you are seeing votes for congressman dan webster, a member from florida and congressman duncan from california. >> and colin powell is there on the list receiving one vote. interesting assortment of runners up, not in a practical sense, but what is that spread of write ins and odds off names suggest to you about the feeling right now? >> i think this shows you why speaker boehner is in a strong position here. he is really only going to be in danger if there is a unified front. they are only supporting the strong potential challenger. one republican privately describe this group that is voting against boehner as the coalition of the aggrieved. it is a collection of people who

have different problems with the way leadership is running things in the house. i don't want to compare it to the to the american people and everyone is unhappy with how it is being run, but that's what you are hearing from this. >> we are looking at a live picture of the ceremonial swearing in of mitch mcconnell. look at that. so warm there. >> the senators were official low sworn in. vice president biden takes great pride in doing. he got himself in with the family members. that's his wife, elaine chow and her family also in the room. >> one of the big stories, harry reid is not there, right? >> senator reid has been told he needs to work at home. his staff tweeted a photo of him with a bandaged face. he did break several bones in his face during an exercise accident over the recess break.

he did meet with the team at home, but he was not on the senate floor for the official swearings in. >> casey hunt thank you for the update. we will check in with you. >> in north carolina a transgender candidate for the party chair is hoping to make history. janice allison confirmed intentions to run and said i know i will have great barriers to overcome because i will be the first transgender woman in the state's history to seek out a party chairmanship. the barriers are still present beyond politics and that includes in area known for being progressive. academia. it is proving challenging for women's colleges. some of those are asking what is a woman? for some the answer has been painful. asked this transgender woman whose application was not reviewed and twice returned to her in 2013.

in a statement, she said that's because a perspective student's application and supporting materials must identify that applicant as a woman. she like many transgender teens was not able to change every legal document to match her gender identity. joining me is wong now a sophomore in the honors college. thank you for taking the time to share your story. smith refused to process your application. the second time because as the dean wrote, smith is a woman's college that means under grad applicants must be female at the time of admission. your fafsa form indicates your gender as male and therefore smith cannot process your application. how did you feel reading that? >> well firstly, the fafsa is a governmental financial aid document. smith college should not have

discriminated based on that document. it is not under their jurisdiction to do so. secondly there was a very real concern in my family household. when we originally sent in the fafsa and also checked the box marked male that was to avoid any instance of for example, fraud or sort of misleading information. we didn't want to report information that could be contested or lead to trouble with for example, selective service. >> right. we should note since what happened to you, there were protests at smith and smith did admit that nonacademic documents like the federal aid forms be gender-consistent. they kept the requirement as you know that all standard application materials and things like transcripts matchup. is there any argument for that policy some. >> i quite frankly don't

understand it. a student's self identification should be the central element when the office is reviewing the student's application. i feel that the schools, for example, may not be supportive of transgender students. for example, my guidance office it took a lot of explaining for my guidance counsellors and administrative staff to correct all of my documents. as you might know the first time i applied to smith college and sunday in my application, were clerical errors in which they were marked male. those were not changed in time for me to send my application in. that was not under my control and quite frankly i don't think a transgender student should be accountable for whether or not

their school is cooperative. >> most applying as seniors in high school, it's not a simple thing to get all of the institutions you have been associated with to change the gender marker correct? >> it's really quite -- it's quite time consuming. i think it's unrealistic to expect that students typically seniors in high school around 17 or 18 years old, perhaps maybe without parental assistance and without cooperation from administrative staff at school. i think it's quite difficult and quite unrealistic to expect that. >> what do you say to a woman student at one of the institutions or prospective family who say they are not comfortable with your gender identity and don't think you should be a part of a womana's campus? >> well i do appreciate the

concerns. i do feel that my application should be fairly reviewed and that i do have a right to have my application fairly reviewed without it being returned to me. in dubious terms. i feel that change is always difficult, however in order for a transgender woman to be accept and included without sort of institutional oppression and without these arbitrary institutional barriers such as smith is setting up. i feel like it might be difficult for some students that their discomfort does not come before my right to be fairly reviewed. >> and other colleges have navigated this and come to more progressive conclusions.

they have a much more explicit policy for transgender applicants. they welcome applicant for the under graduate program from any qualified student who is female or identifies as a woman. the school lays out who can apply and who can't. everyone can apply who identifies as female. should that be the model? >>. >> i think that it's quite a progressive and useful model. smith college so far the administration has not at all been communicative with smith q&a, the on campus organizing group on campus. it's not been communicative at all with for example, media inquiries. smith college hasn't directly responded to me at all since the time they sent back my application. though i think it's a great model to follow unfortunately smith is still sort of waiting

and sort of biding its time. >> that are echoes what we heard and we have been in touch with the first transgender openly transgender individual at smith who said the pace of smith's progress has been glacial even after a decade of student activism that is in favor of transwomen's inclusion. it has been frustrating to see other colleges proudly announce they are welcome of all women students while smith lags far behind. should the criticism teach other colleges something? >> well i really think that at this point while smith is moving quite slowly as was stated i think that other schools have made tremendous progress. simmons as well. i think that is an example to

follow. a student's self identification should be enough and these transgender applicants very bright young women should be regarded and their application to be reviewed in the same way as the other applicants. >> a premed student with a bright future. you do a great public service by sharing your story. thanks. >> thank you. >> for this week's call to action, we want to you weigh in. tweet at smith college and urge the school to join the other top women's colleges by changing the eligibility requirements for transgender applicants. tweet at us with your thoughts. we will be sharing your responses on air and we will be keeping you posted with how smith responds. up next the drama, the excitement the house of representatives is all but assures that john boehner will lead the republicans, but what challenges a wade? stick around.

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for only 50 delicious calories. >> we are back with the opening day from the 114th congress. live pictures where members are voting from the next speaker. john boehner all but assures to win despite opposition from his caucus. republicans shoeld the majority with 2 sfrix members. democrats have fewer and what should we expect from that minority. a democrat from maryland joins us to explain. >> great to be with you. happy new year. >> the 113th congress was

commonly reported and that honor goes to the 112th after the new year. that is not the best track roert. do you have hope that it will be more active? >> it's hard to tell as you are reporting. the speaker will probably be reelectree reelected reelected, but some voted no which was larger than expected. i say that because one of the issues is whether or not the speak er speaker will be able to reach agreements when possible. if he continues to commender at the end of the day to the tea party, it will be hard to do. isn't it the case that they think he is insufficiently

extreme. >> the reality in the talk us that group carried more weight than the members when it comes to the caucus. we will have to see if they continue to have that influence before the house of representatives. >> how do democrats plan to work? >> the priority is to continue to do what we can and deal with the issue of stagnant wamgs. we have seen increasing productivity and wages and pay. one of the first orders of business after the election is

republicans are going to rig the rules to make it easier to pass tax cuts for the millionaires. we will put for the proposals to essentially create incentives to raise wages for american workers. say that corporations cannot deduct the bonuses for the ceos over a million dollars. unless they are paying their workers a fair wage. >> is that the reform on the fisk american league side that you see leadership getting mind? >> not right now. if this continues to believe that is going to lift up all vote that, crashed and burned in the 2001 2008 period.

they look like they are going to run a replay for them to energy a rules change. we think we should be focused on building the economy from the middle out and from the bottom up. they have ceremonial swearings in by joe biden and interesting images. we have pat robbers and his family. quite adorable, we have to say. a lot of happy biden moments, but how do you assess the strength of this minority in the senate. >> i think obviously it's going to take adjustment but i think they are going to stand strong in that they all can

participate. while the economy is improving, a lot of people are not feeling it because paychecks are frozen. that will be the focus. >> a lot of focus there. thanks so much. >> the drama and everything happening on the floor right now. we have nen who will definitely into the next steps.

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president obama at last year's dinner sum it up. >> these days, the house of republicans give john boehner a harder time than they give me. which means orange really is the new black. >> will republicans give boehner a hard time this next session and how is this new leadership going to work with president obama? let's ask the senior writer for politico who has a terrific new piece profiling john boehner called prisoner of capitol hill. thanks for being here. >> great to be here. >> josh made a bit of news in the briefing room saying that the president would veto a keystone bill. let's listen to that. >> you will recall we put out a statement indicating that the president vetoed. i can confirm that if this bill passes this congress the president wouldn't sign it either. >> what does that signal did how the relationship will proceed between the president and this

congress? >> i have sort of a perverse take on this. all this public combat and the veto and attempted veto override and they are goed for legislating. it gives people leverage and accomplishments and the house and senate even though they won't be able to pass it they say they pass through both houses. when you are able to see in the vote if you are able to feed the beast, it gives more leverage. i'm sang win about how this process will work out. # while there is genuine feeling about keystone, i don't think this is something they will stake their flag on. >> that seems to have been the sentiment that it doesn't matter that much. drilling down from the general relationship with this congress to the relationship with boehner, that's one of the things you are most interesting and vivid on.

the phone conversations between the president and john boehner. it's not uncommon for him to roll his eyes on one of the longest shpeels with obama's must haveled voice. another camel to hand him a file without skipping a beat. he will pick it up in time to register a standard of uh-huh or i'm not sure about that mr. president. >> i do it with relatives here too. boehner and obama do sort of like each other. they bond over golf. i don't think there is a lot of chemistry between them. obama gets on people's nerves on the hill. democrats feel the same too. the thing that boehner's folks told me is what really aggravates them is instead of talking about tactical stuff, politics or details on legislation, obama tries to sell boehner on his point of view. perfect example were the exchanges on immigration. they did a bunch of trading over

the summer. he was not able to do that. during the exchanges where they were working on the same side, there would be 10 or 15 minutes where boehner would have to sit and absorb an obama speech and he hates that. >> interesting relationship with a lot of repercussions and not a lot of hope for a radical shift from the last almost do nothingest congress. thank you so much from politico. appreciate it and a terrific speech. >> once the most buzzed about gadget out of the consumer electronics show in vegas right now? find out after the break. we are live from sin city. .. and previously coloured hair another. introducing new vidal sassoon salonist first, brush roots with rich colour cream. then, add serum... and blend through lengths. our most advanced system outside the salon. visible depths and tones. new vidal sassoon salonist.

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they say what happens in vegas stays in vegas. this week what happens in vegas could end up all over your living room and garage. get your minds out of the gutter. i'm talking about the consumer electronics show the tech show

that just opened today in sin city. they are betting on innovations from smart homes and smart cars. and changes in the way we watch content, going from wearable devices to virtual reality to potentially major changes in tv business models. cnbc's julia is on the scene. you just had a big interview with the dish network ceo. tell us about that and about the fundamental changes they're pursuing. >> reporter: that's absolutely right. dish ceo joe clayton just talked to me about this new service they're launching called sling tv. this is a whole new way to distribute tv content. $20 a month to stream 11 cable channels including notably espn and cnn. live sports and live news are two of the most important things to keep people locked into their cable tv bundle. $20 a month is obviously a lot cheaper than traditional cable tv. the big question that remains to be seen is whether this is going to get people to cut the cord

and switch to the smaller service, which doesn't have broadcast tv doesn't have a lot of channels but it does have a couple of those key channels to see whether it gets people to cut the cord. >> both of us work for cable companies. media producers. obviously, this is something we've seen examined real closely in real time and that's changing real fast. what do you see as the first repercussion for other providers of tv content? >> reporter: it's interesting. this could have repercussions across the tv landscape, both for the other media companies as well as the distributors like dish. now, this could potentially even can balancize dish's core company. he says he thinks this will be targeting the 10 million broadband only homes. for the millenials who have never paid a cable tv bundle. >> i hear that so often. it's a very significant audience that often feel left out of the

tv market. it's an incredibly interesting interview. we'll point to people to that online. before we close the show, show us some products that are getting buzz. >> reporter: i have to show you this jacket i'm wearing. this is a jacket designed for cyclists. it has what could be turn signals and it's from a company called visijax. it's to make it safer to commute to work. this glove i'm wearing here is for golfers. it will measure everything about your golf swing and give you all sorts of information about how to improve your golf swing. we're seeing a lot of cameras. gopros are popular. we're seeing the next generation of that type of camera designed to shoot 360 degrees. this camera is about $500. this one from kodak is about $350. it shoots 350 degrees. so, we're seeing a lot of connected devices. and really basically any gadget you can imagine, it can now be connected to the internet whether it's a thermostat or a door bell or even a washing

machine and dryer. >> it is a brave new world. love all of your kit there. thank you for that reporting, krnks's julia borestein. we want to go to house floor. we're awaiting the votes about to come in. listen in. >> of which the honorable john a. boehner of the state of ohio has received 216 votes. honorable nancy pelosi of the state of california has received 164. and the honorable daniel webster of the state of florida has received 12. the honorable louis gohmert of the state of texas has received 3. ted yoho of the state of florida has received 2. the honorable jim jordan of the state of ohio has received 2. the honorable jim cooper of the state of tennessee has received 1. the honorable peter a. de fazio of the state of oregon has

received 1. the honorable jeff duncan of the state of south carolina has received one. the honorable trey gowdy of the state of south carolina has received 1. the honorable john lewis of the state of georgia has received one. the honorable kevin mccarthy of the state of california has received one. the honorable rand paul of the commonwealth of ken has received one. the honorable jeff sessions of the state of alabama has received one. the honorable collin powell has received one. >> and that is the result folks. john boehner is in as expected. weave been watching this all day. joy reid is up next. we'll have more analysis of what just went down on the hill. thank you for your time. i appreciate it.

u for calling colonial penn life insurance company. i'm glad i was able to help you today. hi, my name is diane tull, and i'm a customer service representative for colonial penn life insurance company. insurance can sometimes be difficult to understand, but here at colonial penn, we make it simple. alex trebek has been representing colonial penn for over ten years and is here to tell you how we do it. thanks, diane. i'm happy to be here with these knowledgeable colonial penn representatives. i know that customer service is a priority for them. i've been representing colonial penn for over ten years talking about their guaranteed acceptance life insurance. if you're 50 to 85 write down the toll-free number on your screen and call for free information. with this insurance, there's no medical exam, no health questions either

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♪ welcome to the most social car we've ever designed. the all-new nissan murano. nissan. innovation that excites. hello, everyone i'm joy reid in washington, d.c. on this tuesday. developing