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. democrats and congress stand

in the -- are they playing politics or standing up for principal. tonight is the night ask we are standing by. president trump will announce supreme cou supre supreme court nominee. you're looking at picture of the white house. nbc news learned list is down to two candidates. both were given the opportunity to come to d.c. for the announcement. both will be in the room tonight. neil gorsuch and thomas hardman as candidate and president

mr. trump -- >> every person i pick will be -- i think people are going to love it. i think evangelical christians will love my pick and will be represented fairlily. >> if that will happen, i'm pro-life and appointing pro-life judges. i think you will be impressed with this person. >> democrats are ramp up their opposition. delaying votes on several nominees. schumer spoke out on the nominee. >> we want a mainstream nominee who gets bipartisan support. the reason for this is simple, we thought it such an important position it ought to be main

treatment in terms of the nominees. >> peter. we're told that president trump invited both to washington for a rare evening eventment we do not know that they are here. i spoke with a senior white house official. they have been trying to build up drama surrounding the pick. 8:00 tonight at eastern. it may not be clear who he going with. both judges could be there in the east room. what's also not clear is whether one or both will be here at the white house for a reception that's going to take place about an hour from now. among those expected the republican majority leader mitch mcconnell. we learned that house speaker

ryan will be there for the announcement but not the reception. democrats include chuck schumer, diane feinstein were invited and we're told they have declined. >> i don't want to be standing in the crowd and pull back the curtain to say here is your nominee. let's do this is an orderly fashion. i want to ask the right questions. i don't think this was appropriate roll out if you will of the supreme court nominee. >> that was dik durbin a short time action. as we say is loving the expense. we have been getting conflicting hints about who it maybe. fewer than five people know for certain who that is. back to you. >> peter, thank you.

democrat from delaware and will vote on president trump's nominee. nice to see you senator. >> greats to be with. >> we're expecting this will be show down in the house committee. republicans and senate have drown a line in the sand. your thoughts about that. >> at the white house -- for celebrity apprentice final reveal. it's unsettling. it's most important decision any senator will make. it is my hope and expectation that the judicial committee will give nominee the thorough consideration and complete hearings that chief mar rick

garland never got. >> i agree with you on the judge merrick garland nomination. but at least he deserved a hearing. that the president had an obligation to appoint someone, to nominate one. based on that are the democrats going to takery veng on that. >> i cannot speak for my colleagues. i won't. this is someone a stolen seat. it should have been filled by obama. i urge someone who was confirmable and in the mainstream of the american thinking. chief merrick was that. i had a chance to get to know him through reading through his background. the american people didn't.

we never had that hearing. they refused to give him a hearing. that disrespects the constitution and our process and the american people. >> schumer said he looking for a mainstream candidate. judge hardman was nominated in 2007 and schumer and then senator obama and senator feinstein voted for his nomination. is there a different standard or do you expect the vote to be the same? >> there's a different level of significance and importance through the supreme court justice. especially with a court that's been divide in recent decision and terms of the court. i know we look closely as circuit nominees. i have chaired a number of

hearings when we were in the majority on the judiciary committee. but the supreme court has special -- supreme court. so i do think you will see some different votes and it is my hope that all of my colleagues will keep an open mind and republicans give us an opportunity to vet this candidate to real estasearch th background and to have a full and thorough nomination. >> we're expecting congressional members to join the reception and we may catch nominees slipping in, so we're watching the doors. apply to supreme court justice, but the republicans could change that. senator harry reid change the option a few years back, do you

regret that senator reid did that? >> i regret that no many district court seats were not filled and so many senior position were left unfilled for months and months because of the republican obstruction that majority leader reid and president obama urged us to stake the steps of changing the filibuster and senior executive position. >> that's cycle that couldn't be broken. if they change their mind, it looks like there's an obstructionist circle. >> we -- particularly on this nominee for the u.s. supreme court. we have to say we're in a different political environment

today than we have been in recent years. in the first 12 days of the trump administration have put plane on edge with series of executive order that have led to chaos and uneasiness. as folks try to understand, e implement and -- until last night believe was not defensible. >> thank you for joining us. >> thank you. mark is analyst, trumped inside political upset of all-time. >> what does this mean politically. >> a lot of the trump administration has not looked like fight largely look like what has become the norm for supreme court nominees.

it would be someone who most would say great -- instantly for the nominee. others will say, let's look. whether we hear the nominee speaks it would be first time america has heard from them. are they pleasing in their demeanor and what is the opposition research. can democrats find things in the background for the sake of the country, that they can use to try to derail the nomination. >> i fully expect during the hearings, which is absolutely, the level of skcrutiny and meanness, both sides are guilty of this, if the president hillary clinton we would have the same spat. >> the challenge for washington to be left partisan on one level

donald trump got elected to hold either party. it's not going to happen on the court. the energy on the left to block either of the these nominees anyone on list will be the first. it would be pressure democrats to not join filibuster or to go with the nuclear option. >> do you think it's possible that some democrats couldble pressured by the republicans to not vote for the nominees. >> but not to support filibuster: there's a lot of democrats up for reelection that the white house needs. the democratic senators will come under that pressure. the white house has to hope the nominee is someone the public likes. they go to montana or missouri

or states that donald trump won and try to pressure. break a filibuster. >> this is far more important decision than the president of the congress because this lifelong appointment. the -- it's upon they poet will will be there. we're doing that or if if the white house is doing that, i don't know whose creation this is, but there such somber part of our government. >> it's coc equal branch. whoever it is is replacing scalia. the big one would be next one presuming it's justice or liberal justice, this is important but the next is important. >> what does it say about schumer and mcconnell.

>> this think that -- focus of the government to be on jobs and other things but act visit on the left and right, this way the raise money, way they prove themselves to the parts. it's become part of the american life. >> what do you think trump is thinking about all of this? >> they made ta clear who the two finalist were. i done don't know that the country is thinking of this like that. for the insiders their bios are different but record is similar. it stays a secret until 8:00. i think he likes legacy. if he can be guy to remate

supreme court he would like that. that's his thinking whether this would be successful endeavor for him or not. >> thank you. >> great to see you. >> professor at george washington law school. nice to see you. gorsuch and hardman can you compare and contrast them. what the difference? >> mark is absolutely right on the bottom line votes they maybe similar but similar in the disposition. gorsuch intellectual, if there were successor it would be gorsuch. he has written book on legalizing suicide. he question constitutionality of the state. he has huge influence of redefining the debate as a

whole. -- judge hardman is a respected conservative, liked by his colleagues, pro-lar law and can order opinions. less outspoken than gorsuch. legal intellectual and blue collar background. >> can you fold into analysis, where does he fit in the spr spectrum. they excelled in the law review. gorsuch under -- than garland. for that it was a huge

different. >> hardman went to my ama marta. i have to give him a plug for that. >> sure. >> all right. why do you think trump focus on these two? >> it meant what he said during the nominee. he wanted a -- federal society, heritage organization, these would be own the president's list. he didn't go off list with a peter thiel or that oar out of the box thinking he was toying with at first. he understands -- scalia not going to involve in that sense,

he played it save. >> thank you for joining us. >> thank you. trump's immigration order. w who knew what and when. big night. stay with us. whether it's bringing cutting-edge wifi to 35,000 fans...

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[ laughter ] cartoons. wait for it. [ cat screech ] [ laughter ] ♪ [ screaming ] [ laughter ] make everyday awesome with the power of xfinity x1... hi grandma! and the fastest internet. [ girl screaming ] [ laughter ] . president trump is going to nominate someone to the supreme court today. i was in the senate for one nomination who received, merrick garland in february of 2016 who this country was not given the dignity to appear at the hearing before the judiciary committee

much able to receive a vote. >> senator tim kaine how he was blocked judge merrick garland. president trump set to announce nominee the question is will democrats return if they do how will republicans respond. republican from louisiana for the u.s. supreme court. nice to see you, sir. >> nice to see you. >> having joined u.s. senate this is exciting vote for you in the judiciary senate. >> it is. i'm looking forward to finding out who the president's nominee is. i may be the only person in the milk way to believe that but i'm not interesting in a little brawl. i would like to get to know the nominee. i'm interesting in three things,

substance, process, and character. >> in light of that, i know i can't you were part of the u.s. senate for the merrick garland. if you're not interesting in the brawl, then the republican sat on it and judge merrick garland never got something, is that something you would have agreed to to prevent lim from getting a hearing? >> yes. we were in the middle of the election. the composition was a big thing in that election. president obama was a lame duck president, i don't mean no disrespect. >> the nomination was last february, and left without a ninth justice for a long time. it did have some impact.

>> i hope we're not left without justice any longer. there's no reason for that. we're going -- i'm not interested in a political vote. i'm not interested this a superficial hearing. i meant what i said. i want to learn about this gentleman or laid. i want to know how he feels about row v wade, i want to learn about his character. i want to know if he knows the person who cleans his office. i notice that a few people around washington, seem to act if they were one of the founding fathers. this is a big deal, american people have to live with this nominee if he or she is confirmed for the rest of their natural lives. his decisions are going to

affect everything economically, spiritually, emotionally. >> thank you senator. immigration order causing a rift. was the head of homeland security kept in the loop or left out in the cold. did you know, 90% of the world's largest supercomputers run on intel? that means you can take a universe of data - in your case literally - and turn it into medical discoveries, diagnostic breakthroughs... ...proof that black holes collapse into one singularity. i don't know what that is. but yes. innovation runs on supercomputers... ...and supercomputers run on intel. you are super smart. and super busy. ♪ ooh! ufo! false alarm, eyelash!

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. what is happening is something that we support which is we need to pause and make sure that the vetting is up to snuff. that is what this does. i think it's regrettable there was confusion on the roll out of this. no one want to see people with

green cards gets caught up in all of this. >> house speaker ryan on immigration. it will learned around the time it was announced to rest of us. judiciary committee worked on the order without telling the chair. nondisclosure agreement. the chair bob goodlatte said they worked on the plan and did not make any kind of decision. republican from florida. good evening. sir. >> good evening. that's a nice polite way to say it because a lot of people were very upset and still upset. a lot took the streets and the airport and it was confusing.

>> i support having a support immigration we do not want american people to assume rising to their safety and security. i had chance to meet king abdell la of jordan. isis is trying to -- it was an issue. we have to get it right. i'm hoping the trump administration does that. >> do you have observation to staff working on this or had permission from the chairman committee. >> he address he had up early and seemed to think the article was misleading. he understood this preworking. i do think that i have encouraged my staff to work with the legislative folks in the white house, because having white house support for the bill is good. there's room for collaborative

process. if you're doing executive action that's done within the executive barra branch. >> do you prefer issue be brought to the legislative branch, your branch. >> the law delegated to the executive to make these types of decision about who can be entered and who with k not. this something he promised to do in the companion and did cite legal authority to do it. a lot of this is going to be i how the state department is implementing this. the proof is in the putting if my gra migration is save, everyone will

be happy. >> district attorney until attorney sessions is confirmed. do you think sally yates would have been wiser to resign rather than put out the memo and get fired? >> without question. the memo she put out -- >> she said she didn't like it. >> exactly. if it violated your personal scruples more power to you. because i don't like it, because imagine if her junior prosecutor decided to buck her. but donald trump had to choice but to terminate her. i hope jeff sessions gets confirmed quickly. >> what does it say between dialogue, it's sort of blow up in the public and we're at home

hoping think are being worked a little better. >> i think the new administration there's work to do. she eluted to the office of legal counsel. that's where they go. they vet for legalality and form. >> which is what they're supposed to do. they are seeing whether it's legal or not. she didn't say it was illegal, she side she didn't like it. >> he has special duty. i think you work through the ofc, if they say it's good to go for attorney general to say we're not go to defend this in court and keep your job, that's no way that's sustainable, republican or democratic. >> as we're waiting for the

nominee. any thoughts on this entreej tonight? >> he is in the mold of scalia and justice thomas. i think he has a strong -- the question will be does he have the backbone that scalia and -- along the line as scalia was as a justice. >> whoever gets nominated is in for a bruising. congre congressman, thank you. >> congrats on the shoe. >> thank you. we have mor questions. big night on nbc. stay with us. you totaled your brand new car. nobody's hurt, but there will still be pain.

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to answer the immigration. the big question. what did he know when did he know it. >> we did know eo was coming. we had people involved in the drafting of it. clearly, it was -- this whole approach was part of then candidate trump talked about for a year or two. it was not a surprise. then we implemented it. if we knew two years ago when mr. trump first run for president. we didn't learn about it on airplane. we knew he was coming knew signed monday morning. >> political analysts. when did he find out that the

thing had been drafted and ready to go. >> i thought the clip you put up was telling. he has been talking about it on the campaign trail. the details when it was coming out, what was this there, we know the issue of the green card holders when they going to be accepted or not accepted how was this going to work. the roll out was a big problem because the left hand didn't know what the right happened was do canning. did people know this was a major plank in the trump campaign. absolutely. were they involved in the details of this planning rgs i don't think we have a good answer to that. >> on the one hand there's leaked in this town, we don't know who the nominee for the supreme court. it's closely held at the white house. on the other hand, the secretary

dhs would beomebody it's important that he or she be in the know. >> we saw reporting from the associate press that mattis, secretary of defense was not conculted on the details on this. rex tillerson was baffled he had not been consulted on the details. what they say the thing that has easied their nerves about trump presidency he brought some serious people in the cabinet into administration. but if they are not being conconsulted or in the room and the decisions are being made, it's unclear how much help it's going to be. we saw a quote from republican saying we're tired of the chaos. >> even the speaker of the house refer offed to it as chaos, i

cannot remember the word he used, if it rolled out better, who was part of righting it and making decision -- >> they are jgenerated by the agencies and the. there's a protocol in washington. there's a vast bureaucracy of people who have years and years of experience in counter terrorism and also in legal analysis and usually an executive order would be generated by them and works it's way up to the executive branch to you have buy-in from everybody. when you don't do it, this is chaos you see. back to the case point, this

could be a haren jer because the agencies in washington expect to be a part of implementations like this. >> amy it looks confusing to us, any sort of thought or reflection on what the rest of the world who watch us closely, any information from leaders or government, or reverse affect on us. are we going to get blocked any place? >> the other thing we're going to be looking for is how regular people, or folks on capitol hill talking about it, how are they reacting to it. one poll suggests this is not unpopular of the position that given what we have seen in the protests it would be.

49% say they support what he did. 49% say they oppose. it's divided based on what party you sit it. i think we're going to be talking about for the next foreseeable future the divide in the campaign. these are presidents who ran to that base, this is candidate who is running a government much like he ran his campaign which is to say i have voter, supports, they like me, i don't need to expand beyond that. they are going to keep me here, there's going to be so much chaos, did you watch the campaign. >> he is doing what he said he said he was going to do.

>> exactly. >> why is anybody surprise. if they didn't do, they would be mad. >> this is problem from the beginning. everyone keeps waiting for pivot. he could not mean what he is saying. it's clear he said he going to do what he said he was going to do. >> breaking pictures. here are crowds gathering, missouri. here is the scene. south carolina we're keep an eye on this. up next the democrats boycott is it a sign of things to come. also a long, bruising bitter fight over that empty seat of the supreme court. how we got here and what happens next. for lower back pain sufferers,

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over an hour away from

president trump supreme court announcement. congressional which enjoy meet and greet with the nominees. how do we get here. it's been a long road. >> antonin scalia has died. it's a sad day for the family and for the country. >> i do not believe the senate should take up nomination in this election year. >> today i'm nominating chief justice scalia to join. >> i ask republicans to give him a fair hearing. >> a seat sitting empty is being stolen from the obama administration. >> the next president is going to be who chooses the supreme court justice. >> donald trump elect president

of the united states. >> we're going to oppose him tooth and nail. >> confirm supreme court nominee at all. >> we're going to confirm president's nominee one way or another. >> i think you will be impressed with this person. >> we're back with a panel. hi heidi, it doesn't get more suspenseful than this, does it. >> no it doesn't. i refer you back to the cabinet search in all of these cases it's trump's style to create spectacle around it. in this case whoever this nominee heads to the capitol hill. democrats have to decide whether they go to plat on this one. on the one hand, you see the

people out in the street protesting. the progressive left is creating movement. democrats have to show they're responsive to that but at the same time they know how it works. if they try to filibuster on this, there's -- i'm going to use it and in this case it would be a lost fight because we're not talking about shifting the ideological of the -- to have no power and that opening really could shift the ideological balance.

>> for the lifetime of a justice, it's baked into this is this political fight with this political history. look at how judge merrick garland got caught in the whip saw. is there a cooler head on this. vote yes or no? >> heidi bring up interesting point which is there's a choice for mitch mcconnell to decide to pull nuclear option or go pressure those red states democrats who are not sitting in places with these big protests and west virginia, indiana and north carolina and get a hand full of democrats to vote for him or break a filibuster go and vote against him when it comes time for the final vote. it would also prevent --

democrats from getting one more piece to throw on to the fire. i think by his decision if there's decision to do nuclear option he giving protesters the folks angry about the current structure of the government one more reason to come out vote 2018 to be motivated to stay on the streets for the foreseeable future. >> before they get into grilling this nominee, they have a concession when this meet. it's come down to whether your shirts or skin. do you like the guy or not. nobody delved into constitutional situation is. >> the democrats are saying look what the republicans did with

merrick garland. why should be we forced to go along. >> it's all tribal partisan revenge and it has to stop. >> how does that stop? >> i don't know. you said if there was goodwill i good faith conversation, but interests no climate in washington. you're showing activists out on the street. >> amy, you're shaking your head. >> who does it benefit. we're all about carrots and sticks in this business there are are not many carrot ands a lot of sticks. especially when you have a congress who people who sit in the red or blue district. 25 sit in the district trump did not carry. 12 sit in the district that

hillary clinton did not carry. there's no interest because they don't represent point of view or who voted differently than their party. >> it's never -- these fights are big fundraiser for both sides. we carry ands on. thank you all. >> thank you. >> "for the record," i want to tell you a story of heroism. stay where you are. 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. the ability to collaborate changes how we work. what we do together changes how we live.

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i'm going to say something "for the record." we did not need another controversy. i'm talking about the u.s. military raid in yemen over the weekend. but, a senior military officials is telling msnbc news everything went wrong in the raid. 8-year-old daughter of the leader and other 36-year-old william ryan owens. there's going to be an investigation we'll learn whether it was success. one thing is clear, tonight without an investigation a member of the military, a navy seal, sacrificed his life to make us safe. i did mott want his sacrifice buried. because i want his family and

friends to know we grief with him. thank for watching. see you tomorrow ght. 6:00 p.m. "hardball" starts ght now. fear factor let's play "hardball." good evening. i'm chris matthews in washington. he is on offense and capital city not used to be throne on defense. the country is bound up in fear, rage and unbalance. is he ready to attack the media, mock