surveillance intact and taunts the provoking charge. >> some think i'm making a mistake. some want there to be an attack on the united states so they can blame me. remembering beau biden. the vice president's spontaneous losing his struggle with brain cancer. >> don't forget about what doesn't come from this prestigious diploma. the heart to know what's meaningful. the head to know the difference between knowledge and judgment. even if you get these things right, i've observed most people who are successful and happy remember the third thing, reality has a way of intruding.

and sidelined. the secretary of state cuts short a european trip for surgery after a bike accident in the french applelps. his spokes person joins us with his condition. good day everyone. i'm andrea mitch nel new york. secretary of state john kerry is expected to leave geneva flying back to boston to the air force base in germany dodd. a plane from germany going to switzerland to pick him up with his orthopedic surgery after breaking his leg in a cycling accident. kerry's recovery time will impact his travel schedule and raises questions about the immediate future of negotiations with iran as well as a expected trip to cuba.

state department spokesperson john kirby from massachusetts general hospital where we expect secretary of state john kerry to arrive this evening. thank you for being with us today. everyone is concerned about the secretary secretary's health. how is he? >> reporter: i did speak to him this morning. he's in good spirits, eager to get back on withrecovery. he's been back to work. he talked about the coalition meeting happening tomorrow. he's engaged looking forward to working through the recovery and stay at work. >> we understand this is the femur, the thigh bone. he had hip surgery. that is the reason presumably for having the boston surgeon go to switzerland and fly back on the c-17 with him? >> that's right. dr. burke is accompanying him. he worked on the hip replacement

surgery. since the break was close to where the replacement occurred everyone thought it was prudent to keep dr. burke with him and follow on adds he comes home. dr. burke will be him this evening as he arrives. he'll set the physical regimen in place to get full recovery. >> presumably he has not had surgery. what medical intervention has he had at the hospital in geneva so far? >> reporter: there haven't been procedures performed on him since the break. he's been stabilized and treated for the injury but no procedures have been done. that will be up to dr. burke. i wouldn't want to get ahead of dr. burke or what he may or may not do. we'll keep everyone updated as this progresses. >> was this simple or more complex fracture without getting too deeply into medical?

people are concerned he's coming back on a c-17 didn't have surgery there. we know he's an athlete, in great shape. he's 71 years old. still, people are worried about the health of the secretary of state. >> of course. we all are, of course. i wouldn't want to get ahead of medical diagnosis. we'll leave that to doctors to talk about. it's obviously a broken femur. it's a big bone and needs to be reset. we'll let dr. burke talk about. that he's going to be in for a recovery period. he's gg to attack as aggressive as he attacks the job itself. he made it clear this morning he's very much on the job and going to stay that way. >> this is of course to most people four to six week recovery. may have to be in a wheelchair and at the least on crutches. what is the timetable for iran talks. you were part of the talks he was meeting with iran's foreign

minister saturday before this accident happened. where do we stand now? deadline is june 30th. are you now considering extending the deadline? >> no, we're not. schedule remains intact. he'll stay engaged throughout. we know obviously we're going to have to look at what his physical therapy will require. i can tell you nothing will change around negotiations. i will say i didn't get a chance to talk about the aircraft. it's a c-17. it does have medical staff on board. that's done as a precautionary measure and should not indicate more severe physical conditions for the secretary. it's a broken leg. there's no other physical ailments he's dealing with. >> john kerry just tweeted. nothing can keep him down.

headed back to boston look forward to getting leg set and getting back to the state department. #onward. one quick question about cuba. we expected the embassy opening in the next couple of weeks with secretary kerry making that historic trip himself. is that still in play? >> reporter: we're looking forward to restoring diplomatic relations with cuebacuba. he's very much looking forward to re-establishing diplomatic relations. >> admiral kirby, thank you. you've been up several nights and days with this emergency. we all wish the secretary good health and a safe travel home to boston where you will be standing by. thanks so much. >> reporter: my pleasure. thank you. several key pro visions of

the patriot act at mid might after the senate failed to make a deal to extend them. paul infuriated most from both parties. >> are we frightened we're willing to give up our freedoms? are we willing to trade liberty for security? >> we shouldn't be disarming yuan unilaterally. we shouldn't do so on a campaign of disinformation. >> mr. president, mr. president did -- >> i have not given you the floor. >> mr. president i want the regular order. i'd like to ask the senator -- >> mr. president -- >> the senator from kentucky should learn the rule of the senate. >> i'd be happy to yield to the senator -- >> maybe the senator from kentucky should know the rules of the senate. >> i'm joined now by jane

harmon former nine term congresswoman from california serving on all major security committees and key player in rewriting the law authority where courts over saw some of these surveillance programs. thank you jane for being with us. >> thank you andrea. >> what are the key areas, not the meta data collection but key programs interrupted by what happened in the senate last night? >> if i could say i was a young senate aid when joe biden was senator elect. his wife and young daughter were killed and his two boys now one of them beau biden that just died, were severely hurt. i saw him go through that. now to think beau biden died at age 46 is heartbreaking.

i'm sure for the family and all of us. will there are more than two provisions. let's understand. when the foreign intelligence surveillance act was amended in 2008 i was a member of the house. we provided provisions with sunset. one is wiretaps which gives permission to trace somebody's communications, content of them even if they throw away the cell phone and use another device. the third was lone wolf. if we have another major attack in the united states it could easily happen by a lone wolf, not directly connected. we're talking three things. the phone met data program is complicated. what bothers people is the federal government to store phone records listing what calls were made to what numbers over

what duration of tile. all of that expired last night. unless and until the senate acts which hopefully will be the next few days it's not going to be restored or restored in changed form. >> let me play from rio what edward snowden exposed this. all goes back to snowden. his point is that there's no proof anything was ever prevented by these years of phone records being collected. let me play this. >> their own panel concluded there's not been a single terrorist attack stopped by this program. now obama officials go around the country saying we're going to die at the hands of al qaeda without noting the evidence negates that. it's stenography journalism. >> there was a white house panel

that look into this and said there's no proof any terror act had been prevented. >> how do you prove a negative? >> i would say a couple of things. first of all we had a debate. it was as robust as it could have been in 2008 when this program was brought under the foreign intelligence surveillance act. it had been started by the bush 43 administration much earlier and briefed to some members of congress including he the highly secret briefing. it says it fully complies with law. i depend understand the law was legal opinions in the justice department not foreign intelligence surveillance act. once we understood the bush administration had been going around the law, amended this law to cover this program. there was a debate. edward snowden is not a whistle blower but someone that stole our deepest secrets.

little bit of credit. by releasing the material now the country and world is focused on these issues. this debate is healthy. something that should come out of this in my view is change to the program. i'm for the house usa freedom act which passed by overwhelming bipartisan margin. the demagogue ri we hear on all sides and i think this comment is part of that is not accurate. this is not content of calls. this is permission when federal court approves it to go back and then listen to future content of calls by people we expect are comean come plis sit. >> up next remembering a life cut too short. beau biden. >> you're watching "andrea mitchell reports" only on msnbc.

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he was sworn in in the hospital at my bedside. as a single parent he decided to be there to put us to bed when -- to be there when we woke up from a bad dream, to make us breakfast. he traveled to and from washington four hours a day. >> by focussing on my sons i found my redemption. truth be told t real reason i went home every night, i needed my children more than they needed me. >> beau biden was a remarkable man. served in a combat unit in iraq.

in order to keep his commitment to long standing commitment to children primarily back home in delaware. in his family's words, beau biden was quite simply the finest man any of us have known. i'm joined by ed rendell and john carney that both knew beau well and know the family well. congressman carney the representative from delaware, certainly know the depth of affection for this man and family. >> well i tell you, the delaware community is heart-sick. we have a hole in our heart with the passing, tragic passing, of beau. that little clip you just played just tears at my heart as we think about how the vice president, halle, kids and family is dealing with this loss. we as a community are dealing with it as well. this is somebody we embraced as

a young toddler after the accident that killed his mother and youngest sister. we saw him grow up and emerge into a real leader for our state in the national guard and as attorney general. we hoped he would be our next governor. just a tragic situation here in our state and people's hearts are broken. >> governor rendell i don't think there's doubt he would have been elected governor in the open seat. >> there's no doubt. he starred in the public service as assistant here in philadelphia. everybody, friend or foe alike, fell this love with him. just engaging personality. i never heard anything bad about biden. he would have been elected governor. if he had been a successful governor which i think he would have -- normally the governor doesn't get a lot of attention because it's a small state. i think eight years down the

road if beau had been a successful governor you would have hard talk about beau being on the national ticket. his future was unlimited. it's a loss for all of us. >> to both of you, i know first hand his compassion when he and his brother hunter were on our program to talk about living on a dollar a day below the poverty line as part of a world health organization program. the two of them talking about what they were doing on behalf of children and families. ed rendell, he despite political prominence he was focused on people and people's welfare. i know his daughter natalie is a social worker from my university. they're all -- this family is all a piece of public service. >> it's a family that dedicated their lives to public service and never cared about the material things that life has to offer. beau was in that same tradition. you know he was so much like

his dad. his smile, likability. different in the way he wanted to carve his own path. the one thing they had in common was love of serving the public, trying to make people's lives better. in that regard it's a tremendous loss for people of delaware and maybe people of the united states. >> congressman, you referred to the terrible accident t first horrible tragedy to this family back in the 70s. i recall at the time being a young reporter in philadelphia that joe biden is elected and then losing his wife and daughter, infant child. he seriously considered as he's told many times, considered not taking the oath of office thinking he needed to be with his two surviving children. it was mike mansfield, then the majority democratic leader that persuaded him his life should be in public service, to take the

both that he could commute and do both. it marked the beginning of the commuting congressman. >> we're so lucky that joe allowed senator mansfield and others to convince him to stay to course. of course his sister stepped up big time and helped him raise the boys. i think that's why he develop had the special bond with beau and hunter and ashley. the family was so important to him. he held onto those kids so tightly. that's why this loss really for most people when you see that and understand the bond the two of them had, you think about the embrace at the national convention in 2008. it just tears your heart up to think about it. what i'll remember most is beau's kind and gentle spirit. he treated everybody the same. he didn't expect anything notwithstanding his steam and who his father was. he treated everybody he came in contact with with great

kindness. that's the thing i'll always remember. >> ed rendell, what's next for joe biden? the grief and all this seems to me that he would be turning inward. it's hard to imagine how he considers his own political future now. >> well i think the great thing about the vice president is that he's got a spirit that can't be broken. it's got to be tearing at his heart. no parent should bury a child. but to do it for two children is unspeakable. i think joe will grieve obviously and grieve severely. he will turn outward and devote himself to being the best vice president he can be for the next year. i assume that he's not going to run for the next year and a half. i assume he's not going to run for president. i'm not sure. if he doesn't, i believe joe bind will find a way to serve after 2016. >> i think a life in service is

certainly preordained for joe biden. i understand there's a private funeral in wilmington can delaware saturday. thank you for coming on. a difficult time for everyone that loved this man. a personal note i don't think i've seen a family in public life more authentic cli devoted, bound together by tragedy and triumph like the bidens. beau was beautiful in heart and soul. we all grieve for his family and for all those that won't personally experience his special grace.

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lady roosevelt. campaign officials say the kickoff includes a speech where she'll lay out her view of challenges facing the country. her launch will continue with a swing through all four early primary states saturday night in iowa. and former house speaker dennis hastert could appear in federal court this week. the next legal step following the indictment that hastert lied to fbi after skirting banking reporting rules on withdrawals. close allies of hastert were totally shocked on news of the allegations. >> staffers are shocked as well. no clue to this as we look back. dennis hastert was pillar of integrity, guide post for us. that's why he was selected. from everything i can tell that's how he conducted himself in office. this isn't going to help

reputation in general. >> pete williams and carol marie, veteran correspondent that knows everything about politics in chicago and illinois. thank you for being with us. carol, any indication in illinois as to why this indictment? because the statue of limitations had run on whatever happened back in the day, doesn't this seem like a very strange indictment when you really read through it? >> it does indeed. stranger andrea by the fact we have no hastert narrative yet offered to counter it. we don't know who his official lawyer is at this moment. we don't know his court date. so what we are left with basically is total amazement in illinois. there may have been some people who understood quietly that hastert may have had some secret

part of his life. i don't know them. the ones i was calling when the indictment came down were utterly shocked. >> pete when i think of dennis hastert, you think back to the time when newt gringrich resigns. and all of a sudden hastert no one neuter bli well supposed to be beyond approach. he leaves congress with a lot of money and goes to make more money. if anything people thought there would be ethical question about his farm land whether he earmarked highway money near the farm land. now this that no one imagined would take place. >> his court date will be this week. we don't flow the court date. it's well to note the charges

have really -- he's not accused of whatever this misconduct was 30 plus years ago. he's charged with structuring payments to avoid a trip wire to cause the banks to report payments. he's charged with lying to fbi when asked about them. the one question everybody asked is why was this person individual a, charged with extortion? the first answer we get is twofold. dennis hastert who would be the victim didn't complain about being distorted and told the fbi money was from himself. after questions figure a, authorities believed this agreement they had that he would keep quiet was in essence not a classical shake down. >> he remained as a lobbyist in

d.c. with his son. >> largely he was. we would see him from time to time. you'd run into him at a political convention etc. dennis hastert was not cutting a public figure here in illinois at all. where he lives in illinois in a quiet compound in the far suburbs, dennis hastert was not on anybody's screen on a regular basis except as you suggested, if there was going to be something, the expectation was well it would probably might involve money and deals. nothing at all like this. >> and pete you're standing in trough the supreme court for a reason. decision day. there was an 8 to 1 decision on free speech. i want to ask about that. what did justices decide? >> this is a case a man put on messages on facebook his wife

felt threatening. today his supreme court tossed out the conviction and said no the test in these case when people put threatening messages on facebook the legal test for whether it is in fact a threat is not what the jury in this case was told. the eye of the beholder what the person receiving the message thinks. the legal test the supreme court thinks is what the sender had in mind. you have to either prove that the sender knew the messages would be taken as a threat or acted irresponsibly not realizing that it might be a threat not taking that into mind. the the supreme court didn't get specific about what the future test is on that. it ruled out what the obama administration argued should be the test here. the activists for domestic violence should be the test as well. they argue if the person thinks it's a threat it should be considered a threat. the obama administration argues if someone phones in a bomb

threat, that's a bomb threat whether a joke or not. >> who declared it? >> if a person perceives as a threat it should be good enough. >> interesting decision. thanks so much pete. carol, great to see you. thanks for being with us. >> you're welcome. in the "today" show exclusive, tracy morgan spoke about for the first time after the accident that almost took his life and killed his friend mcnair nearly a year ago. the limousine was rear ended by a wal-mart truck as they were returning from a comedy performance. last week morgan settled in a lawsuit. in his emotional interview today with matt lauer today. he promised he will return. >> i can't believe i'm here. i can't believe i'm in front of

you. can't believe i'm here just seeing the tragedy happen. it kind of -- it touches me. >> what are your goals tracy? want to get back to performing? >> i love comedy. i'll never stop loving her. can't wait to get back to her, but for now my goal is to heal and get better. i'm not 100% yet. i'm not. when i'm there, you'll know it. i'll get back to making you laugh, i promise you. >> we know you will. more on the big news coming up from the clinton campaign. all the political details and what it means next here on msnbc. prz

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>> and lindsey graham makes it nine. field a whole baseball team of republicans. the south carolina senator enters the republican race with today's announcement in his home state. a political shot of course at hillary clinton. joining me now for our "daily fix." chris cillizza founder of washington post fixed blog and new york times political reporter jeremy peters. thanks to you both. jeremy, you've covered lindsey graham. what is he up to here? is he viable? we know south carolina's favorite son has a shot at the early primary state. where else does he run strong? >> you know watching his candidacy is kind of i think a got point to pause and look at what's happened to this entire republican field n. an ordinary year someone with lindsey graham's experience and credentials would probably be a fairly serious player. in a field of almost 20 people he's going to get lost. i think one of the things he's

going to do and already done is position himself as the most hawkish of the republican field and the most willing to go after somebody like rand paul for the sake of saying a person with rand paul's views on national security is not welcome in the republican party today. >> speaking of rand paul and national security, chris cillizza, i was reading a statement after the senate was forced to adjourn without a vote last night. the patriot act expiring and usa freedom act not voted upon. she wrote it was outrageous for one senator for personal political gain to have campaign contributions block this. she just laid it out there very blunt. that was the kind of criticism from his own party. >> i think there's unhappiness in the senate towards rand paul n. graham's announcement speech he says something like i don't

exploit national security for political gain. quite clearly aimed at rand paul. you know andrea i think rand paul's answer to senate not liking him would be who cares? 99 other people four of whom running for president who are in the senate are not ultimately in any way indicative of broader republican or democratic coalition in this country. i still think the rand paul candidacy particularly foreign policy and national security is grand thought experiment. are there enough people in the republican party traditionally defined as hawkish on all these matters -- are there enough on privacyiers andy and foreign policy to make him viable? he's not walking back from views. >> he has support in the democratic party and especially younger people attracted to this.

he's running for republican primary. bob questioned jeb bush and talked about hillary clinton on "face the nation." >> her camp would come back and say are look there's no suggestion of quid pro quo. do you take them at their word? >> there's implication for sure if you read these articles. they signed a deal with the administration. i'll come into the department of state and i will make sure that my spouse will report any dealings he has with other countries and so will the foundation. that result was they did some but didn't do them all. now you have this doubt. it's inappropriate. >> chris and jeremy is there yet indication in the polling that people are reacting to the clinton foundation lack of transparency and questions about possible conflicts of interest? so far she's dominating the field. >> you're right she certainly

is. she certainly is. that's right. i think so far, there has been very view signs it's bubbling up as a major concern for voters. as somebody told my colleague the other day, will there's a certain sense of what fresh hell is this with the revelations coming out about the clinton foundation? it's drip, drip drip. the more this accumulates and there will be more stories that come out on the foundation -- and it's likely improper actions -- the harder it will be for her to go without addressing it in a way. >> we hear she's going to announce in new york, new york. her first elected office in 2000. also indirectly to fdr and

eleanor roosevelt at the park. >> i listened to lindsey graham's speech this morning on the clip of the guy that knows the world and can keep us safe. her campaign today, she's flicked at mental health. she's flicked at campaign finance reform. we haven't gotten any large scale policy. what does the financial bid look like? what are three to five things she's going to mostly talk about in way? >> this is the real campaign launch, no longer the listening tour. thank you both so much chris and jeremy. final word about the best in our profession. bob who you heard interviewing jeb bush. classic interview straightforward, no gotya

punches. total of a 5088 years as a journalist. i could listen to him all day. we both covered the senate in early 80s and 90s. bob, here's to you and pat in your next adventures. you set the standards for all of us that follow.

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friends and family have gathered this hour for the funeral of savvas savopoulos his wife and son. the family was murder twod weeks ago along with their housekeeper in brutal slayings in their washington d.c. mansion. wint has been the only person

arrested in connection with the killings. kelly o'donnell joins me thousand. what is going to happen on the replacement for the patriot act, usa freedom act? >> today is a quiet day in the senate. they're working on amendments. mitch mcconnel said they'll vote on replacement substitute if you will for house version of the usa a freedom act. the big headline is it takes telephone records from government being the custodian of the records and keeps them with telecommunications companies. there are republicans on the senate side that think there need to be tweaks. not just republicans. you have prominent voices from the democratic party who have ideas on how it could be tweaked. the real bottom line expect that

this will pass. there will be a transition period a that companies responsible for this have perhaps 12 months to organize how it will work. some amendments are deep in the details. big thing for rand paul is he claims this as a victory. a lot of disagreement about whether this is a good deal or not. the questions remain about how well the tell come companies will do handling that or if there will be issues at all. >> you caught up with him over the weekend. let's hear weather. >> i don't think people question my sincerity on this issue. i've been fighting this battle since i came here. i forced the issue in 2011. there's always going to be sentics. >> rand paul the least popular

in the senate. there are others that played that roechltle. it helps them plittolitically. i asked if he was running through the senate floor. he said no. what is different now is that as a presidential candidate, when he dominated the floor and debate on this and used power as a senator to block things and stop the action that was expected to extend the program, to make these changes at same time his campaign and supporters are on fire social media, raising money, trying to draw attention. there's been the question of has he used office of the senate and workings of the senate to furtherer the campaign. that's the eye of the beholder moment. >> now more on katelyn jenner formally known as bruce. she braces the cover of "vanity

fair." thomas roberts joins me here. how important is this as a break through moment for transgender community? >> june 1st is beginning of lgbt pride month. they have incredible timing. kardashians are great with pr. dianne sawyer had the last interview with bruce jenner. now." vanity fair" sits down with her, katelyn. katelyn talks about having nothing to hide. we were in makeup getting ready for the show. francis rivera was tracking katelyn under score jenner on twitter which is the new handle. it jumped to 68,000 in seconds. just jumping, jumping, jumping. we'll watch and see how quickly katelyn jenner gets a million followers in no time. >> and this is a really

interesting roll out. >> this is a tremendous roll out. quite a life story for katelyn jenner who has had these brilliant successes throughout life. now to be fully integrated as tell us the person she's always wanted to be and present herself on the cover of "vanity fair." we agree this is a class act all the way. coming out on the cover of "vanity fair" at the beginning of pride month. timing couldn't be better. >> thank you so much. thomas roberts speaking of classy. that does it for this edition of "andrea mitchell reports." follow the show online facebook and twitter @mitchell roberts. " "msnbc live" with thomas roberts next. >> hey, that's me. >> that's you. eak out. what good is having insurance if you get punished for using it? hey insurance companies, news flash.

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we're going live to what's been a busy day on decisions. rand paulescuered is skewered over these comments. >> secretly i think some wanted there to be an attack in the united states so they can blame me. >> that was last night. now that paul has had time to sleep on it, we'll tell you what he's saying today. unprecedented reveal on cover of "vanity fair" first image of caitlyn, formally known as bruce. a series of big decisions expected to come down. certain ones today. the case involved issues of free speech wraprap lyrics and facebook. joining me from the supreme court is nbc news justice correspondent pete williams. tell us what we saw revealed