you. safe maha, omar in jordan, thank you all so much for joining us and good luck to you. that does it for me. i am jacob soboroff in for steve kornacki. coming up right now, mtp daily. stick around. if it's tuesday, we're hours away from the president's supreme court pick. and that is isn't nearly the biggest story of the hour, let alone day. tonight, organized chaos. how president trump's first week and a half is giving a new definition to the word unprecedented. >> it's not a travel ban. >> we're going to have a very, very strict ban. >> supreme pick, will president trump's nominee for the supreme court really face a big political fight or is this much adieu about nothing? >> this is not the time for our friends to embark on another partisan crusade. >> and, the president's first military operation. what went wrong and what went

right with the raid in yemen. this is mtp daily and it starts right now. good evening. i'm chuck todd here in new york and welcome to mtp daily. buckle up, folks, president trump will announce his picks for the supreme court. it usually doesn't get much bigger than this. and it is an important story. even though at the end of the day, the new justice may not change the make-up of the court that we've been used to for the last decade, we'll dive into that story in a few minutes. it's just one of several major storylines today. as confusion and chaos continue to escalate a mere 11 days into the administration. pretty much the fallout from the president firing the acting attorney general for refusing to defend an executive order would be our lead story, but folks, that's just a side bar at this point. if you want to window into this chaos, look at what happened this afternoon. general john kelly, the secretary of homeland security

held a press conference attempting to clarify the order on immigration. insisting it is not a travel ban. even though president trump called it a ban at the white house this weekend. >> it's working out nicely and we're going to have a very, very strict ban and we're going to have extreme vetting. >> president used the term ban again in a tweet yet. confounding matters, white house press secretary sean spicer knocked the press multiple times today for using the word ban in it's reporting. here's kristin welker asking him about the mixed messages from inside this administration. >> he's using the words that the media is using. at the end of the day -- hold on -- >> those are his words. >> jonathan, thanks, i'll let kristin talk. it can't be a ban if you're letting a million people in.

if 325,000 people from another country can't come in. that is by nature not a ban. >> the president himself called it a ban. >> i understand that. >> is he confused -- >> i'm not confused. the words being used to describe it are derhode islanded from the media. he has been very clear that it is extreme vetting. >> spicer himself called part of the order a 90 day ban. all the chaos has unleashed a flood of leaks. many of which seem designed to cover a few behinds. we saw leaks at the "new york times" that the homeland security secretary was caught off guard by the order's timing. although kelly insisted today that he and his team knew it was coming. but they didn't know what was in it. in another leak to the times, secretary of defense allegedly wasn't consulted by the white house as the order was being prepared and signed at the pentagon.

and leakings at the washington post rival factions within the west wing blamed each other for the chaos. in the ap, trump's pick rex tillerson is described as baffled that he wasn't consulted. and vanity fair story citing people close to jared kushner, the most problematic episode so far are not happening on kushner's watch. because they're fall lg on the sabbath which kushner is out of pocket referring to the last two chaotic saturdays. according to politico, republican leadership was not informed of the order, they were kept in the dark because senior staffers signed nondisclosure agreements with the white house. uh-oh, separation of powers, anybody? and it's not just leaks, today jeff sessions, the president's pick for attorney general told senate democrats he did not read, review, or provide analysis regarding this or two other executive orders. i'm joined now by charlie denver of pennsylvania, and yes, he is in front of the will rogers statue. that means you have to be funny the entire interview, sir.

>> i'll do my best, chuck, thanks for having me. >> you've got a busy day of votes quickly, do you have any better feeling today about this executive order than you did on saturday? >> not particularly. i was certainly pleased by general kelly's clarification that green card holders should not be disrupted in their travels. that's a good thing. there are still problems. the order's still implemented. i think the enforcement of the order should be halted immediately. holding in my hand here the complaint filed by my constituents in central court today about their six relatives who were sent back from philadelphia. after a three hour visits in the united states sadly. i still have very serious concerned about that. i've been on the phone with customs and border protection. there's issues, i'm hearing about universities in pennsylvania that are having extreme difficulty with this order too. people are not being able to travel. vee sas of students for example who are in the united states

have been cancelled. they can't travel home in some cases. there are problems that we have to sort out. >> have you had any luck talking to the white house about this directly since you are home -- since your direct is home to syrian refugees? one would assume you're a member of congress they'd be talking to. >> well, i did call the white house on saturday when this all broke, and by the way, i want to clarify, many of the syrians are not fraejs. many of them have been here for generations, other more recent arrivals. most do not come in as refugees belief it or not. we have a very strong tradition revenue syrians in our community. mostly syrian christian, but no, i have not had any conversations with the white house since saturday. >> i guess then where does this go from here? you say your constituents are filing suit? you hope it gets halted. it sounds like the only shot you have of this being halted -- i don't think this is a white house that would rescind an order without a federal court telling them to. do you plan on joining these lawsuits yourself? >> what i intend to do, i am

working with customs and border protection, that's part of the homeland security department. i will speak with the state department momentarily. i would like to see these visas reissued to these six individuals. they were treated deplorably in philadelphia, in my view, they were really denied any asemblance of due process. i felt they were coerced to head back to syria. that should not have happened. so bottom line is we're going to keep working on this. i think we're going to get to a favorable resolution for the outcome of my constituents. but, there are 109 -- close to 200 people just like my constituents who were in transit, in the air when this issue was ordered. and then of course then they were denied entry into the country. >> let's be honest here, does the congressional republican leadership have the appetite to take on the new president now to basically try to pass legislation that would reskinned this? >> well, i don't know that they do. i certainly think at this moment we should be holding much greater oversight hearings on this. i know the chairman of the

appropriations committee on which i serve has already made a statement that we are going to provide oversight on some of these executive actions because there are fiscal implications to these orders. so we'll see if we need to pass legislation. i still think that the administration should simply stop enforcement until a more thoughtful policy can be enstated. >> do you believe it's a ban? do you call it -- it's interesting, there's been this -- you know, there's all this debate about what do you call it and it was sort of theater of the absurd at some point today in the white house briefing because they're insisting it's not a ban. the president himself has referred to it as a ban. look, what does it look like? does it -- what duck -- does this walk like a duck and quack like a duck? >> some people called it a muslim ban. it's not that. because in the case of the syrians, basically it's a travel ban for virtually -- it seems like a travel ban for virtually everyone. as i mention the six syrians who are not refugees, but visa holders, immigrant visa holders,

they are -- they're not refugees. and so -- and they're christian. so everybody is being halted from coming into this country it seems from syria. with very few exceptions as of now. >> do you think we have a moral obligation because of we're the united states, because the united states had planned action in syria and, you know, we can debate about whether it was the right thing or the wrong thing, but there was an expectation that the united states would be very involved in what was happening there. does that -- does that raise the moral obligation even more than just simply being sort of the history of the united states when it comes to being a home frr refugees? >> well, look, i believe a lot of countries have an obligation here. certainly we do. we have moral obligation, so do our friends in europe and elsewhere. we're not the only ones. so i would say yes to that. i guess what is disturbing me more about this whole situation, you're heard about the translaters from iraq you know who were detained. and to me, you know, that's

particularly appalling given the fact that you know we just passed a defense authorization bill back in december that was trying to help expedite the processing of interpreters into our country. no one from the department of defense or the department of state would ever sign, would have ever signed off on an order to make it more difficult for interpreters to come into our country. we owe those people a measureless debt of gratitude for their service and sacrifice on behalf of american troops and diplomats. >> final question, do you believe our vetting process needs to be improved? >> our vetting process can always be improved. i do believe our refugee vetting process in this country is fairly robust. as it is, but it can be made better. i would also like to tell people that the refugee and migrants heading into europe are not the same ones heading into the united states. the ones in the united states, of course, enough, and many times have been awaiting entrance to this country for a few years. so, it's a different process. we have a good vetting process, yes, it can always be made better.

>> charlie dent, republican from pennsylvania. busy day. appreciate it. >> thank you. >> no competition there for will rogers, that's okay. >> i wasn't funny today. >> this is serious business. thank you, sir. thanks for sharing your views. let me bring in tonight's panel. all right. beth, you know, for the trump administration, having the same story be in the news is a big deal. by it's not good news in this case. this is a case where even the supreme court pick has yet to be able to sort of tampa down what is happening here. they do any better today? did general kelly bail them out? >> you're right. the fact that it's been in the news for three days is shocking because every other thing that he's done since being elected, even incredibly huge things let

getting into the rift with the mexican president. announcing we're going to start paying for the wall and it's going to built any time now with american funds -- >> that was like three months ago, right? >> that's the thing. this is what we were talking about five days ago. it was the biggest thing ever. the women's march, ten days ago, the biggest thing ever. everything is so far in the rearview mirror and in the trump administration, everything takes over everything else. and it's hard to keep track of what's really important. now, of course, this is really important. this confusion over this travel ban. but it's sort of obscures all these other important things that have taken place. >> it is, but in strikes me, rick, as sort of the start of what could be the greatest challenge to the trump administration. and that is going to be a comfortable working relationship with republicans on capitol hill. because it was always ten ewe white house, it feels like he's ready to break. now granted he would be among the first to break, but there's a lot of republicans unhappy today. >> there are. we forgot to mention rushing hacking. >> voter fraud. >> yeah.

>> everything. >> the problem with the way this executive order, and i've explained that i don't necessarily have an issue with the policy, but the the way the policy was rolled out which tells me several things. either you don't trust the cabinet members and the senior leadership that you brought in or you don't trust certain people on the hill who chair committees. that's going to be a problem. the reason the white house's leak is because people want to cover their own reputation. but at some point, when it looks like a circus, everybody's reputation is affected. and general kelly may have been bailed out trump today, but he's not -- someone like that, someone with stature like that is the not going to bail him out forever. you will begin to lose people. >> and i guess -- look, in this case, it just seems clean that they did not get their arms around this today. they were trying to. they were hoping general kelly would, but they got into this is it a ban, is it not a ban. this is a case where the president, you know -- they're afraid to say the president misspoke. >> that's right. to tell the truth. >> it's okay. >> by the way, it's okay to

misspeak. >> it is. people do it all the time. >> i do it. i bought your name. you know, there's a misspeak right there. >> but you did a perfect job. i appreciate that. but, yeah, and i think what they were trying to do was rewrite history. which you can't do. we all know that they called it a ban. the president himself called it a ban. sean spicer called it a 90-day ban. so it's -- what's the troubling me is that he was using the power of the presidency, such a powerful position to be in to target vulnerable communities like the muslim community, like women, like the latinos, and we've seen this over and over again with almost every executive order. >> okay. but there's part -- the idea of this order is going to sell easily to america. the idea of making it a little harder to get in here, the idea of hey, you know what, we shouldn't -- so, does that bail him out, beth? because the idea is popular? or is the incompetence trump the idea? >> the idea is popular.

it is going to be overcome by the fact that it's three days of bad story for trump because the stories about chaos. american's don't want chaos. americans don't to want turn on the tv and see this city and this airport and this location just royaled with angry people marching two weekends in a row now we've seen that. people want politics to be over there. they don't the president to be interfering with their life constantly and ever since trump was elected president, especially after, it's been one thing after another. and it's going to start just feeling like chaos. even if the underlying policy is popular. >> you said, rick, you brought us something, there's clearly a trust issue. there's no doubt. you see all these blind quotes, reince priebus and steve bannon, they're eyeing each other. or maybe mike flynn and bannon -- you have all these different -- everybody's trying to pit, jared kushner over here. that's not good. the fact is -- and that's what congressional republicans are seeing. >> in some ways, priebus and spicer, who by the way should be pay-per-view these press

conferences have become epic. when he said -- when spicer says the reason we didn't do a lot of, i guess vetting of the -- the one hand he said they did, he argued about that and the other he said we didn't because we didn't want the bad guy us. i get that part. still, what about the guys that you didn't consult or the people that should have been consulted that weren't consulted. and even kelly didn't seem like he was entirely consulted. >> i was just going to say, you could tell he was willing to defend a small narrow fact, and that was it. >> yeah. you know what the other thing that's really bizarre is these are his secretaries. they're not, you know, obama holdovers, these are the people that you're supposed to trust. this is not a sally yates situation, which was horrible. but, it just doesn't make sense this they have such a bubble and they only one or two people are part of this conversation and writing these executive orders. >> beth, you and i have covered -- done a lot of this almost together. rival networks and i was

thinking about bunker mentalities. clinton got into it in the late '90s, bush white house got into it during iraq. obama, during health care at times. got bunker mentality, but tushlly take a year or two before you get there. they immediately did. >> we know from trump's tweets and many of trump's comments, he still nurses this grievance mentality about whether or not his crowds were big enough, whether this country takes him seriously. whether the media takes himself seriously. why he lost by popular vote to hillary clinton. so he's been nursing this resentment, and he seems to sort of cloud his close advisors with that. they seem to basically reflect it back at him. and it looks like so far at least this president si is being run out of the white house completely and not out of the cabinet. this is not completely uncommon, but pronounced. >> and right now, no one can tell the president no. that's the other lesson we've heard learned so far. you guy are sticking around. less than three hours until the president makes his pick for the supreme court. he inl vieted both finalists to

the white house today. yes, it's a show sometimes. how far are democrats willing to go to oppose the president's pick? i'll ask senator amy cloeb shar. stay tuned. per roll more "doing chores for dad" per roll more "earning something you love" per roll bounty is more absorbent, so the roll can last 50% longer than the leading ordinary brand. so you get more "life" per roll. bounty, the quicker picker upper seconds can mean the difference between life and death. for partners in health, time is life. we have 18,000 people around the world. the microsoft cloud helps our entire staff stay connected and work together in real time to help those that need it.

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welcome back senate minority leader chuck schumer told nbc news that democrat were going to delay on president trump's cabinet nominees and well they did just that. boycotting a committee vote for two trump nominees steve mnuchin for treasury and tom price for hss. we're not sure what's going to happen next. here's senator orin hatch, the longest serving republican in the senate. >> i think they ought to stop posturing and acting like idiots. stop holding news conferences and come here and express yourself here. and then vote. one way or the other. >> white house press secretary sean spicer called the democratic boycott outrageous

and embarrassing. senate republicans did the exact same thing in 2013 under president obama when all eight republicans on the environment mental committee were no-shows for a vote to advance a future epa chief. again another delay tactic. as we all know, hypocrisy always shows it's colors when the other party's in power. no matter what it is. we'll be right back. bp gives its offshore teams 24/7 support from onshore experts, so we have extra sets of eyes on our wells every day. because safety is never being satisfied.

and always working to be better. it's supreme court nominee day, it was not the lead story. president is the announcing his pick in prime time. according to sources who have spoken to pete williams. the choice comes down to neil gorsuch of the tenth circuit court of appeals or judge thomas hardiman of the third circuit court of appeals. it could expose rifts. how far are senate democrats willing to go and will it be far enough for the democratic base and will senate republicans defy the president and their base if president trump wants to go

nuclear. never mind by the way, if somehow there's an ideological issue with one of the picks. pete williams, give me the baseball card stats for our two finalists here. gorsuch and hardiman. >> neil gorsuch, 49, fourth generation coloradan from denver on the tenth circuit court of appeals which hears from six western states. he went to harvard law. so he's an ivy league graduate. thorough going westerner, loves to hike, fish, hunt, ski, he's a big fan of antonin scalia, no big supreme court -- no big rulings on questions like abortion, but he has been very strong on freedom of religion. thomas hardiman, 51, from originally massachusetts where he drove a cab for his father's cab company. moved to pittsburgh, married the daughter of a prominent democratic family. was made a trial judge by george w. bush then put on the third circuit court of appeals. again, no hot button rulings on something like abortion, but he

did say that he believes the right to have a gun exists not only in the home for self-defense, but also outside the home as well, chuck. >> very quickly. why is there a perception among some conservatives that they think somehow hardiman is like a suitor, a david suitor in disguise? why is that even hinted at and it's not for gorsuch? is there any reason for it or is that just conservatives being a little paranoid? >> well, he has a good track record. both of them have been on the courts of appeals for about eight years, less than a decade. so there's not that suitor issue there. and they've been in the federal courts grappling with the kind of questions that supreme court would have. ting comes down to the fact that gorsuch is considered more on the mold of scalia, maybe of a scholar textualist originalist than hardiman. >> he would create diversity, there's no ivy league. george sound would beg to differ. technically, no ivy league.

>> he's a noter daim grad, georgetown, touch a diversity and that tells you something about this court that that would be considered diverse. >> yes, that's for sure. although he would fit right in, catholic or jewish these days on religion. seems to fit right in there. pete williams, we'll all be waiting little longer evening than any expected. thank you, sir. let me bring in a person that could be one of the higher profile questioners of this nominee. when it comes before the judiciary committee, and that's senator amy klobachar of minnesota. >> great to be on, chuck. >> what is your test for whether you will vote a supreme court justice up or down that you know ideological you're not going to agree with. but what is your test? >> well, i think first of all i see it as such a solemn duty when you look at the decisions of the court how they affect people in their every day lives from what happened with citizens united in terms of really in my mind destroying a lot of the way the elections have been run. when you look at some of the environmental cases before the

court. it is a big deal for people. so, i look at it as what is this person done in the past? how have they respected precedent. do they view this as a role where they're going to continue this conservative bent of the court where they basically been legislating and in my mind not respecting soft of the precedent in the majority or are they going to be someone that looks at things in a different light. so i think the hearings of which of course the republicans are the ones that will schedule them are going to be very interesting because we're going to be having a nominee that's coming at a time where we have never seen such a decisions like we have in the last few years. >> i understand that, but the make-up of the court, you know, if you look at it the last time it had nine, the nominee here isn't going to change the make-up of the court. does that lower the threshold for you? >> well, that threshold word is an interesting word that you just used. it doesn't change it for me.

you have to look at each nominee on their own merits, but the word threshold is important here because this is of course not a 51 vote threshold like we've had with the cabinet secretaries that are before you. like we have with other judges. the senate has decided through republicans and democrats being in charge to keep the 60 vote threshold. and we've done that because both parties and kind of a game of chicken have said you know what, you could be in charge the next time, you could be in charge next time. different president. we want to have someone that can attract votes from the other side. and so this is a case where if this person is not in the mainstream, whoever he nominates in this white house apprentice that we're about to witness tonight with two people we don't know who, maybe a third. we don't know who it's going to be, but if they can't get those types of votes, they're not going to make it to that threshold. >> but what should trig aerofilibuster? what should be -- what should you use the filibuster for when it comes to supreme court

nominee? what should be -- you know, how egregious does your opposition to a nominee need to be for you to pull that? >> i'm a former prosecutor, chuck, i want to look at the evidence in every case. i can't really say what that is when you have a complicated history of law and you have someone's record that spans years and years. but what i do know is that all of our democratic senators are going to take this seriously. there will be a few that may automatically say they're opposed, but i think a lot of us will want to see what the evidence shows and go from there. but it is a very important job. the highest court of the land with a court that's been going clearly in one direction. >> look, mayor garland, that situation left a bad taste in the mouths of a the love democrats, a lot of senators, how is that impacting you? do you think -- can you take -- can you remove that incident and feel like, and not sort of apply retribution over it? >> well, as a lawyer, i've got

to look at what's before me. but if i could get someone like mayor garland, that's where it resinates with me. if you could get a candidate like that that has an -- >> i understand that, but do you feel like -- do you want to make punish republicans for what they did to mayor garland? >> i don't view my job that way as retribution. but what i do know is that the democrats given what we've seen in the last year with no justice on that court, given that a lot of us have said we have to do our jobs and have a hearing, we're going to be taking this very seriously. and looking at every nook and cranny of this nominee's background. and when you've seen what we just saw last night, where the acting attorney general whose been willing to stay on, gets a order thrown at puts the country in ayos, no independence in terms what have they did. won't bring her in on the decisions and fire her. this is a white house that has shown that they are not going to stop at intruding into the judiciary or intruding into the work of the justice department.

>> so what you're saying is their actions -- so you're saying their actions over the weekend are going to make you take a different look at their court nominee even if that person is purely qualified because you don't trust them? >> i think that there's going -- there's clearly trust issues about what just went on which millions of people's lives thrown in limbo. but i think the nominee will stand on their own merits, but it's clear that's one of the reasons why democratic senators kept talking today about our views on the executive order with regard to senator sessions nomination. and you look at what we saw with the finance committee withmy knew chin and price where they told things that haven't been the truth. all of this, i wouldn't say supreme court, but it's led to clear trust issues when these nominees are coming before us. >> and you don't feel as if at what point do you feel as if you owe the president to let him have his team? >> i think you are going to see even with senate rules, you will see votes on nominees and you're

already seen in the security area we have the secretary of defense is in place. and we've got someone running a number of the agents that have already gone through and i think that is very important, but, beyond that, i think we're going to look at each of these nominees on their merit and i'm sure you'll see votes scheduled as you did today. we have to look at each of them. we have a bunch of billionaires. we have people that we have to look at thoroughly and when penny was up, it took six months because it took a while to go through all of those financials. and that's just true no matter who the president is. >> all right. interesting ka datta point there on former secretary of commerce. anyway, democrat from minnesota, on the judiciary committee. we'll see you a lot. thank you. >> thank you very much, chuck. still ahead, the latest on this weekend's raid in yemen. what we know about the operation. and what went wrong? stay tuned. new girl, huh? yeah, i'm -- i couldn't help but notice you checking out

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these days, watchers, photoops matter. interesting one at the white house. president trump met with experts and sitting right next to him was jared kushner. president postponed today's planned cyber security executive order. though we don't yet know why, perhaps maybe they are making sure it goes through all the proper channels on this one. anyway, we'll have more mtp daily just ahead. first here's the market wrap. >> thanks chuck, stocks continue to slump. the dow slides triple digits for a second day. the s&p off by two, the nasdaq

actually adding a point. the federal reserve began a two day policy meeting, it's first since donald trump was inaugurated. it announced this decision on raids tomorrow afternoon. consumers war little less confident this month as they grew more cautious about business conditions, jobs, and income. and apple shares are higher after the company reported revenue and earnings that beat estimates. that's it from cnbc, first in business worldwide. i realize that ah, that $100k is not exactly a fortune. well, a 103 yeah, 103. well, let me ask you guys. how long did it take you two to save that? a long time. then it's a fortune. well, i'm sure you talk to people all the time who think $100k is just pocket change. right now we're just talking to you. i told you we had a fortune. yes, you did. getting closer to your investment goals starts with a conversation. schedule a complimentary goal planning session today.

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welcome back. we're continuing to learn more today about what a senior military official is calling the first clan december din strike under president donald trump. the senior official says that two americans were killed in this raid carried out by the super secret command in yemen on sunday. al qaeda camp in south central yemen. aqap. according to that senior

military official, almost everything went wrong, including that the seals aircraft had to be destroyed after a hard landing, and noncombatants ended up being killed during a fire fight. a fire fight they didn't expect either. defense department identified one of two americans killed as a member of seal team 6, the infamous seal team six. william ryan owens of illinois. defense secretary said in a statement he quote, gave his full measure for our nation. according to a senior military official, the other american killed was eight-year-old yes, that al awl lack i can, american-born al qaeda leader who was killed in a u.s. strike five years ago. the girl's grandfather also told nbc news she was killed. so an american citizen ended up dying. but the pentagon is still seasing and neither confirming nor denying any civilian casualties on the ground yet. sean spicer was pressed repeatedly today on the question of targeting americans overseas. >> the president has previously

indicated that he would encourage the targeting of families of terror suspects. is that still his country position? >> when did he say that? >> fox, the other thing with terrorists it you have to take out their families. >> i think he's been very clear that when it comes to seeking out isis and other terrorists he's going to lean on director pompeo, general mattis and seek their opinion. >> is the president willing to kill and target american citizens, even minors, just because their family members are terrorists? >> no american citizen will ever be targeted. >> joining me now from more insight on this raid, hans nichols. hans, the pentagon seems to -- was this raid unsuccessful or was there successes out of it? >> well there was success they gathered the hard drives, the intelligence. it was unsuccessful because an american seal died an any time an american seal dies, that is not a successful raid. here's what happened. first off, this was an operation that was planned during the obama administration. it just the opportunity

presented itself in the first few days of the trump administration. trump authorized it, yes, it's his first operation. what happens is almost from the beginning, encountered small arms fire. they weren't expecting that. these are the seals that are coming into a compound, again, they're not going after high valued targets. to go after, you use a drone. you go after them from the sky. >> this was to gather intelligence. pick stuff up off the ground. things went south. and separate, the os pray that crashes. they've had problems in the past. it's been doing well in the theaters in iraq and elsewhere, you have the osprey, hard landing is the term you hear. and you have three injuries there. you have three wounded from the gunfight, and the one, and the one seal dead. >> who ran this operation? it's always been, out of the upon, cia? >> pentagon. 100%. >> cia not involved. obviously bin laden raid, was that sort of the joint. >> it was joint.

but this was seal team six as the general mattis was at dinner at a fancy washington dinner on saturday night. leaves in the mill of that dinner and nbc is reporting and that was because he got news, he got indication that this operation wasn't going well. now were there any assets? can i conclusively rule that out, i don't know? >> hans, you've got to do nightly. i'll let you do that. somebody who has also been following this closely. and of course a contributor to commentary magazine. so max, what's your read on this? you heard hans's reporting. a successful mission at the end of the day because of the intel or is it always going to be viewed as an unsuccessful because we lost two american lives? >> well, obviously nobody wants to lose lives in any kind of operation, but i think that the seal team six operators and the military in general understand that's one of the risks that they run. and i think the success or failure of the mission will be judged base odd whan they recovered from the scene and what kind of intelligence they can exploit.

but i think there is going to be a new battle that's going to be fought after this raid which is the battle of the narrative because as you eluded to, anwar's daughter was killed along with some other civilians. and the message that al qaeda's going to put out there that is that the u.s. is targeting his family. that they are out there to kill innocent people, including are young girls. and of course, i don't think that's the case at all. and in spite of president trump's rhetoric, that's not how seal team 6 operates. remember, credibility is incredibly important. and this kind of battle of the narrative. and what kind of credibility does sean spicer or president trump or anybody else in the white house have at this moment when they keep retailing falsehood after falsehood day after day? this is where it really catches up with you because we need to have credible spokes people that can rebutt the lies and rumors that al qaeda will put out there in order to mobilize people in yemen and around the muslim world against the united states

and how can president trump now credibly claim that he is not doing the very things that he advocated doing on the campaign trail? >> max, you follow this closely, tell me since we're talking about yemen again and unfortunately, usually is only in the news in our battle with dealing with terrorism, it's usually only in the news when one of these raids takes place. and then we sort of forget about it. there was a time that john brennan when he was at the cia say aqap was bigger threat than isis as far as the homeland was concerned. is that still the assessment of the intel community? whiem isis is a bigger problem in the middle east, aqap is still focussed solely on trying to kill americans? >> i think isis is probably a bigger threat all around, but there's no question that aqap is a real threat. and even somebody like anwar who was killed in a cia drone strike in 2011, he's still a threat because the videos he recorded, the stuff that he put out on the internet, it's still out there, still radicalizing people.

when you look at the motivations of some of the recent terrorists that we've had in the united states whether in orlando or san bernardino or boston or elsewhere, and in many cases it was a combination of isis propaganda and aqap propaganda beyond, you know, their involvement in specifically carrying out plots. they continue to play an active role in radicalizing people in the west. and that's in many ways the number one terrorist gauge that we face right now which i don't think president trump realizes because he's very much focussed on foreigners coming in here to attack us, whereas i think the real danger is americans being radicalized by a combination of the actions of the u.s. government and by the propaganda that spread by groups like aqap. >> and if we look at those who have tried to commit major terrorists attacks in the country over the last few years. many of them turn out to be american citizens. anyway -- >> vast majority, absolutely. american born, american citizens. >> commentary magazines, appreciate you sharing your views sir, thank you. all right. we're going to dig into all of

this in a few minutes. we'll be right back.

all right. we need a lighter obsession. tonight i'm obsessed with what should be an excellent sports moment, but it's become one of the least entertaining weekends. that's right, i'm talking what happened this weekend. nfl and nhl both had their all-star weekends. and what a mess. let's start with the nfl pro bowl, or as most of us know it by the bye week before the super bowl. the game is supposed to feature the biggest and brightest, but the league settles for whomever

will show up. according to to the top sport stats sites, 37 turned down pro bowl invitations. or because they are playing in the super bowl. already not exactly a recipe, but let's be honest, what do we care about any of these all-star situations? we only care about the feats and skills and strength. the home run derby. the slam dunk contest. there's a good chance you missed this skills competition, it was pretaped and aired thursday night. big mistake. does the nhl, they have a pretty cool skills competition themselves, but you need a chart and an advanced degree in statistics to figure out what the heck's going on. and that confusing format continued to the series of i guess games that on sunday that players were guided into divisions and it's a three on three tournament. somehow, the metropolitan division came out on top. yay, i guess. folks, we don't expect much from all-star games. keep it simple and show off the talent. i want thumb contests, three point sheeting, fastest

fastball, perfect spirals, hail marys, we know how to do this. heck, just bring back the battle of the network stars. we'll be right back. mary's -- we'll be back.

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humira. what's your body of proof? time for the lid. let's bring the panel back. okay. the supreme court fight for the democrats you heard amy she didn't commit to anything, didn't commit to filler bustering didn't layout a criteria. can she support somebody she doesn't believe it. -- supporting a confirmation of someone who is qualified in? >> i don't believe so. look at the last weekend tens of thousands of people across the country came out because they

are angry with what's going on. we need an independent judiciary especially after we sought with sal sally yates and decided to fire her. if you understand process, that's appalling. >> there's some who would say hey, obama, we doesn't like this trump guy, let's make their lives miserable, or something like that. >> this problem that period of time parties have is you're base. on the democrat side you have bernie base because they were the active out there -- >> they are non-washington. they think washington are the problem. >> the right say we would have won if we --

>> didn't he work for a guy who would have made that argument? >> yes. so the democratic party is in the region party or coastal parties, crystal had a great piece that showed a graphic how bad it is for the democratic party. i don't know how the democratic get their footing in the next couple of years especially in the senate. >> why are you on this? >> this is there moment. they have to do it. the angry base has been motivated now. it's not just bernie people it's a lot of people who are apalled at what trump is doing. >> it may be good for republican party because people don't like to see all of this chaos.

>> that's right. the two people we think are going to the nominees sailed through. >> i will say this, if you care about a united senate that can be ever be functional, if we if the filler buster gets used. it's over. >> that's what it will be. >> look, everything -- by the way, that's where we're headed. >> we're in unusual times. >> that's true. >> that's really true. >> i have one out of time. that's the most true thing i have said. >> thank you all of you after the break there's a health headline that you won't want to miss right after this. what if technology

gave us the power to turn this enemy into an ally? microsoft and its partners are using smart traps to capture mosquitoes and sequence their dna to fight disease. there are over 100 million pieces of dna in every sample. with the microsoft cloud, we can analyze the data faster than ever before. if we can detect new viruses before they spread, we may someday prevent outbreaks before they begin.

in case you missed it there's only a few hours left in the last open enrollment period call obama care. in case you missed it it's becoming more popular. as of mid-january more than 11.6 million people have signed up health care.gov last year pulled those last minute tv ads

promoting open enrollment. when it comes to obamacare. they are trying to figure out how to break it. for the record starts right now. breaking news and it is non-stop. president trump will announce to the nation his nominee to the supreme court. this will be a bruising political battle that could go nuclear. right now at the white house we are expecting congressional leaders. our cameras are watching. the head of homeland security grilled by the about ha he did or did not know.