one particular conflict that they put a prohibition on this conflict in the constitution, brian, that's the prohibition on presidency of the united states accepting foreign cash benefits, so called a monument from foreign government. and at 12:01 when donald trump is the president of united states, extraordinary in our histohi histo history, the first day and first hour, he's going to be in violation of that constitutional conflict law because his enterprises around the world in the united states including the trump hotel a few blocks away from the white house are sucking in these foreign cash and benefits on a daily basis. it is outrageous. that leads me to a duo question.

it is stunning to hear me say that. do you think lawyers from donald trump would know this and y think the republican party hands wod know this and the second part of the question, who has standing as you lawyers would say to do anything about it if they wanted to? >> you would think that the lawyers know it on the first part of the question and in fact, there has been a not to it by donald trump's lawyers because sherry dylans, she admitted to her credits. we are going to deal with it he said by stripping out the profits from the hotels. brian, what about the non-hotel properties and the massive foreign loans and the condos and apartments he sells and even in the hotels, it is never been

held. the department of justice again and again, to deal with these foreign cash flows and benefits, these are monuments, you got to segregate all the revenues and not just all the profits. the plan makes no sense. for example, donald trump's competitors, his hotels on pennsylvania avenue is sucking in the cash from business from the foreign governments that used to go to variety of hotels and other establishments around washington. those competitors that are losing business, that's an example of someone who's injured there. a bunch of others who are going to be injured. you will see them go to court as

soon as next week. >> i have seen you counselor along with the terrific richard painter, one of you of a veteran democratic administration and both of you are saying this in a calm and cool sometimes heated manner. do you feel that no one can hear you or no one is listening, is this going to become really real at noon? >> painters is a lot more common cool than i am. that's why we are a good team. i do think people are listening. we see a full 75% of americans are demanding to see his tax returns. i think that is in part and that includes a lot of donald trump on voters. that's in part in response to the concerns about these foreign government cash flows and benefits which raised the

question, is he going to be working to do deals for himself or the american people for these flows. when he sends our men and women abroad to fight, is he going to be defending his foreign properties and foreign businesses or defending the united states. these are real questions for americans. they want to see the tax returns. majority of americans believe that he should invest his businesses. i think it is the right thing to do. >> don't go far from the phone for the next couple of days. thank you for staying up late with us and sharing your expertise tonight. up next of the confirmation h r hearing konthea hearing continues to tonight including a punch line from "snl." we'll explain when we continue.

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they wanted to end his career so fast and they found oh, he's smart. >> we have by far the highest iq of any cabinet. [ applause ] >> donald trump appearing at the new trump hotel in washington, d.c. the process of assembling the cabinet continues today. as we discussed with senator booker, things got heated. >> you did not answer in that questionnaire listing your position as director of the

cayman island administration and of eight shell corporations and holding nearly $100 million in real estate. is it true of what you did here is take these companies and put them offshore so you could help your client who you were making money from avoid u.s. taxation. >> no, that's not true at all. >> why would you-- >> they were just getting started. some of the most heated remarks came between senator from the panel before mnuchin started testifying. senator white, i got a valium pill here that you may want to take before the second round. just a suggestion. >> mr. chairman, i hope that comment about valium does not set the tone for 2017 in this

committee. i like senator roberts, i just cannot quite believe that he would say that to a distinguished senator. >> i said that to the president of the united states once. >> perhaps, you did. i hope that does not set the tone for the session. >> it is okay. >> all right, all right. >> i have the time, please. >> i have a time, please. >> i don't know about outrageous but i think just a little pinprick humor may help everybody from time to time. lets bring in our panels tonight for usa today, msnbc's ali velshi, so much to handle and so little time. heidi to you of the question that i started with cory booker,

can you name anything and not getting through any of these. >> to answer the first, no, the reason why is even though a lot of the things that the senator, the democratic senators are trying to highlight about these candidates may not be appealing to the public, none of it is illegal. the thread that runs through all of these, brian, what we are looking here is a cabinet of really extreme wealth. the problems and the potential ethical problems that are highlighted are things that only exceedingly wealthy people have problems with like forgetting that you had $200 million that you forgot to list on your forms. this is really not again according to law anything that's

ill league, t illegal, the democrats are trying to show a contradiction there and bringing individuals and like steve mnuchin is the guy going out on this. >> ali, we come at you and we beg you to explain conflict matters to us. you heard my conversation. >> yeah. >> starting tomorrow, what's going to happen. >> i don't know why sean spicer keep on saying there is no conflicts by law. >> that's for a judge to determine, not for someone's lawyer to determine. secondly, there is no conflict, why did they make the point that they're going to dedicate the profit that are going to be taken into the treasure department at the end of the year. i can make a profitable hotel

looked like a loss so there is no donation providing in the first place. drupt has things that can be guarded as monuments and he brags about how global businessman he is. i don't think it is that simple. the tactic of just saying it all the time is not going to work, unless and until journalists stop asking questions. >> does he become his own landlo landlord? >> absolutely. heather ha he's his own landlord. >> there is an agency which answers to the president and which is the landlord for that hotel. i am going the say a day like tomorrow that we are all supposed to be on the same time and that does not mean to drop your guard for journalists, it means the reason of three

foreign presidents tomorrow. we believe in this day because we are not going to see tanks tomorrow, we'll hear cannons but they are shot off in peace and celebration. having said that, the russian administration is already under way. can you remember of this popularity polling this low and this fought and this kind of cloud of investigation? >> no. i don't think that you probably can either, brian. >> no. >> the remarkable part about it is that the interim period after the election, those numbers have gone down and as more and more information has come out. it is hard to pinpoint what is

it. is it the way the cabinet are being grilled or this russian cabin cabinet? and i think the fact that bury inside that article as well is the fact that the reason why this information is coming out now is that within less than twelve hours, the new president will have the authorities to halt these investigations. there is krim yum that at least on capitol hill they are being run in a potentially partisan nature. there is n that's going to be felt more so now that the president has the power to stop it and speculations as well why the intelligence agency are putting those statements out there. >> that came up of stephen's

testimony today. >> this ethic adviser, who's going to oversee that ethic adviser and who appoints him? steve mnuchin did not have an answer. i was not there, i would imagine of the real president of president lincoln was c contentious but since then, there is nothing contentious. >> we did not know on that day, testimo temper were certainly flaring. ali and heidi, with el e'll be back to you for your counsel and journalism. we appreciate you being with us tonight. we'll take a break here, behind the pomp and circumstances of the inauguration of the man who knows it most. this is "the 11th hour."

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tomorrow we have a speech at 12:00. it may rain or it may not rain. i don't care, it does not matter. if it really pours, it is okay, people will realize it is my real hair and that's okay. >> president-elect trump ready for the worse tomorrow when it comes to the weather. josh king a veteran man for the white house. he's used to prepare for the worse. he knows his way around the white house. he's the author of "off script" and "campaign specticles." chance of rain of 7:00 a.m. goes to 75% and at noon it jumps to 70%. 46 degrees for your high tomorrow. a lot of people are predicting at least light showers. tell me all the things you will

be looking for and all the variables and what does light rain change about tomorrow more starters. >> i hope he has a one-liner built is in how god is looking over our country and blessing us on this day with a bounty above. i have been struck by the role that we have seen all day. now he's taking off in laguardia that arrived at saint andrews. this is the oldest guy taking office. >> and then the events tonight. tomorrow morning of the briefing about how to identify himself with the nuclear codes and over to the white house with the tea and down to pennsylvania avenue with the president for the

speech. >> how does something like weather get factored in, by the way, any one of the things you just mentioned we can do half an hour on and including norad, they have to make sure to identify your voice in addition to the codes they give you. whether you got concerns over coverings and steps and visibilities. >> president-elect trump will come down the steps of capitol. he will be exposed to the elements and right before the bumper, you may tell his hair israel tomorrow based on the sky is opening up. don't worry about the temperatures, there are heaters, he and the first lady and former president clinton and obama and bush, they're all taken care of. it is back in the capitol for the luncheon. that slow inaugural parade down pennsylvania avenue and the big

question is when and where will the president get out of the limousine and if security will allow to be able for the public and the pool photographer to travel with him to see the president and the first lady, melania trump, and the front page picture that we see every four and eight years. >> we'll try to show this tomorrow. >> technology and science never come up anything better than a flat bed truck to drive in front of the limousine and housing all the journalists and the cameras that have been selected. >> the visuals are always suppressed by rain and the crowd maybe down from what we were accustomed to with obama one and two. what else are you looking for tomorrow? >> well, interestingly, you and i both noel, doug mills, covering the president-elect trump at the lincoln memorial. anyone will look good in front

of daniel chester's sculpture and president lincoln. i i would expect to see that at the front page of "new york times" tomorrow. as much of them having disagreements over the past year and a half. when the president is inaugurated on january 20th of the year, they play big and play the grandeur of the day. >> john king, thank you very much for coming here tonight >> another break for us, coming up what will be waiting for donald trump tomorrow in office when "the 11th hour" continues.

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this journey began 18 months ago, i had something to do with it. b but, you had much more to do with it than i did. i am the messenger, we wanted change but we wanted real change. and i look so forward to tomorrow. >> last thing before we go tonight is becoming a tradition of the out going president leaves a note to the in coming president. so we can only assume that in his last hours as president, barack obama is writing a better than average letter to leave in the oval office for donald

trump. today, the national archives released two presidento president letters in the past never before seen by the public. back in january 01. president clinton wrote to bush 43. the burden you now shoulder are great but often exaggerated. the sheer joy of doing what you believe is right in expensive. >> you will have a country that will be pulling for you including me. >> that does it for the pre-inauguration exclusive at "the 11th hour." i will see you tomorrow as we begin our coverage. from now from all of us here, good night from new york.

she spoke english. her husband was named juan, he did not speak english. he also only had a third grade education. but together as a young couple, a very handsome young couple, i think they're adorable in these pictures, i have to say, they moved to new york. they moved to new york during world war ii. they found an apartment in the housing project in the east bronx. then in 1954, five weeks after "brown v. board of education"