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 the democratic leaders of

the senate. seize power over immigration power. the answer to all of these questions is a resounding yes, he is and he is. tonight within the hour we hope to know who we hill name supreme court. the political lead chaos in the wake of executive order of last fry, the president said to announ announce choice to fill vacancy at 8:00. that seat has been vacant for nearly a year. it's remained vacant since senate republican refused it consider nominee put forth by

president president obama. executive seen -- the other is thomas hardman u.s. court of appeal for the third scircuit i pennsylvania. the guessing game is within the hour when he announce his pick. tom, and -- let me start with mr. goldstein. and this ger sten. >> why are we have misuniverse competitor, kind of event. what does this do for the respectability of the appointee? >> it's unfortunate fort the

court. the reason people follow the order is because of the respect they have for it. it's usual to have it be in this circus atmosphere making it part of the trump show. it's definitely not the way we usual do things. >> let go to josh, because we have a question raised. mr. trump believes if you don't do what he wants, you're traitor. you're guilty of betrayal. even aapresentties type manner. it seeming like this is independent person that he brings out like his prize whatever. >> i would not expect him to show a lot of respect for the independence fort judiciary that's not been his track

record. if we remember accuse of bias because of the heritage, that has not been his track record to color within the line. it would not surprise if he over steps the bound on there tonight. but to me, it sounds like episode of the bachelor. >> let me go back to tom. it seems to me it's gotten bitter and almost a joke. -- last year of the presidency of barack obama. they would not meet with him or vote on him. they wouldn't see him. they said it's some principle. which is where not going to let you do anything. now, there's a lot of back

bighting here. senator merkley from oregon, this has become tit for tat. proceed of the normal order. >> everything is completely broken. i think you can say with a highly degree of confidence, no matter who shows up, democratic is going to exact their revenge which situation with merrick garland is not giving him a hearing for a vote. the unfortunate thing is it draws the court in the political circus that you describe. it's going to be all out war. the control of the senate. right now it takes 60 votes to

get a supreme court justice confirmed. republicans with change the rules and make majority and this person is going to get on the court. >> thank you, so much. joining me right now senator. senator blumenthal, thank you for joining me. will hold or place a terrible game that the republicans did to merrick garland last year. will he get a hearing? >> i will support vote fort the president's nominee. as much as i regret that the court had been dragged into the muck and mire of the plirks politics, i don't the we should deny the american public of the president's nominee. the eight member court as faith.

is it mainstream nominee true to that tradition, i will support him or her. but someone at -- >> enterally up to the woman. the law, and when it comes to fetus becomes viable, whatever, when you have a judge who mus starr stad with the senate.

>> the answer is no. judge advocate overturn -- simply disregard long established precedence which have been reaffirmed. a many stream candidate would have to express stair ris desis sis. i'm going to look at voting rights, civil rights, workers rights and determine the record and background of the nominee. because i have tremendous reverence for the supreme court. i sevened as law clerk to justice black man. this institute has to be protected were the damage done to it day in and day out. >> how do you keep that respect after what happened in 2000 when they got involved and tloou out

in the last generation. it's strikingly partisan i would say. your thoughts. >> very striking partisan. part of the reason is that the court has lost its respect and even the mythological independence and it's been to fact partisan hard right stance on many of the issues campaign finance citizens, because it shown the identia logical divid. i think there's still the possibility of repairing the damage that's been done. and certainly in trying to

address the individual merits of each nominee i think we can help lift it back some what but it will be a tough sell. >> guns, the howard case, d.c. case which opened up the door to gun ownership. ignoring the militia, with muskets elimiting the bear arms meant, you're from connecticut which have been victimized by gun use. how do you stand on that. >> here what i think about gun violence prevention, the congress of the united states

has been come poliles it. i think those kinds of common sense reforms are possible, fully constitutional even under he letter. as much as heller is -- i think we are kor reening toward crisis with the firing the sally yaete and -- the courts are ever more necessary to protect our individual rights and liberty as you saw over the weekend with four courts stepping forward to stay the orders. i think the stakes are never been higher than we see in this

nominee. >> the power of the courts and how important they are as an independent government. >> senator blumenthal representing connecticut. let's go to supreme court, pete williams standing by with more on president president trump decision. they wear robes and we have this miz universe. he going to bring in the first runner-up. he's going to show them up, i don't know, is there a independence implied or is there a sense these are the people he choosing to have control over. >> i don't know how it's going to unfold.

tom hardman and neil gosh sursu were coming to the white house. they would answer the summons because if either is nominated today, they would like to be considered for the next possibly vacancy on the supreme court. so they would natural come. but we don't know how it's going to unfold. it's unusual because now with less than an hour -- 45 minutes. i cannot think with aull the current justice on the court, 45 minutes before the announcement this is undoubtly because of members of the ju message within the white house, whether this is just all

intended to amp up the level of suspense, i don't know. the fact they have kept us closely held, what we're told there's a reception going on at the white house for members of congress the leadership from both parties, the republican leaders to meet somebody whether it's nominee or both of them, i don't know, the people that i talked to that were going to the reception were not sure how it was going to work. there is different way to do it. >> let's talk about 49-year-old fellow from denver, neil gorsuch. we're hearing a lot about his prospects. what would be a attractive in this gentleman for people looking for relacement for antonin scalia. >> in many ways he approaches

the law like scalia. he was a techturist. the first basis is judging what the law mean, but the plain text. that was antonin scalia's approach. that's neil gorsuch appropriaac. he is a writer. as scalia was gifted writer as well. they compare him to him. and they say that he had the same king of originalist approach to the law. they are conservative but so is hardman. >> does he break out 18th century -- like scalia. >> probably a little more flexible than that. of the two, i would say that

probably most conservative would think gorsuch is on the conservative side. many have written issues on abortions. gorsuch have written in which he support not religious freedom. they were a private business and exempt from obamacare, they were closely held religious based business. it would be exemptive from the obamacare. he joined the court. saying they agreed. they agreed 5-4 to uphold decision. -- little sisters of the poor, to do that wie make them come ples it in it.

4-4 tie. he has that religious freedom side that is appealing to conservative as well. >> bolsters new president religious side. i love the way you scalp this baby out. this strange night. just about 45 minutes away from president trump's announcement. we may get a leak. it may leak out because those congress people are getting briefed on it as we speak. plus president trump fires active attorney general after she would not defend travel ban. this is "hardball" where the action is. my business was built with passion... but i keep it growing by making every dollar count. that's why i have the spark cash card from capital one. with it, i earn unlimited 2% cash back on

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by president trump by end of this hour. he will reveal choice to feel vacancy. we'll have to live in the white house. keep it right here. we'll be right back. i tried hard to quit smoking. but when we brought our daughter home, that was it. now i have nicoderm cq. the nicoderm cq patch with unique extended release technology helps prevent your urge to smoke all day. it's the best thing that ever happened to me. every great why needs a great how. "how to win at business." step one: point decisively with the arm of your glasses.

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welcome back. last night the president fired acting attorney general yates and was accused of betrayal. >> enforcing a legal order design today protect citizens of the united states. mrs. yates is weak on border and weak on immigration. today they stole the confirmation vote for alabama

jeff sessions. according to "the washington post" there's friction among trump's inner circle. as it became effort that the roll out, people in the orbit divide over who was at fault. diplomats and officials have signed decent cable in protest of the ban. joining me is senator from -- congressman from massachusetts who served four years in iraq. michael steele former chair. >> this is a big story how does it affect the people of this country, the people who want to visit this country. how do you see it in human terms? >> i was tipped off we had a family in virginia i called my

attorney general said we need to get to dulles airport there were a family both had u.s. pass ports and they were detained for hours. let us proceed ahead with all legal remedies available to us. this is unconstitutional. i sit richmond, virginia which a york town. we end monarchy. we're not bring monarchy back to the united states. this president, thinks he can deny a legal permanent resident of the united states the availability to come back to their own country is abhor rent. we will not stand for that. this stayed was built on religious freedom and our voices will be heard.

this is unconstitutional and violates the 1, establishment clause, this man is not a monarchy. he is president of the united states he has to act within the law. >> this ban covers people with green card, permanent residents. >> you understand, right. >> there was put together so poorly with no notice to nobody. our airport in virginia nobody would give me any answers. green card folks being denied, nobody, the customs, border agents, l not given any of us no guidance, people have been vetting and given a right to

come here and were denied access. i met a mother who was detained. finally the 4-year-old walls final release. it hurts business, it's hurts national security. you put target of every man and woman across the globe. you have hurt every business who want to come to united states. many students from around the globe they don't know whether they can come or go. the damage he has done to america is irreparable. >> let's go to, what is -- i want to go through categories of people. the language barrier, the people who risk their lives to help you fight the war, the people who

have allies and government from jordan who have been a friend forever, what does it do to people and government that have aligned with our country against terrorism. >> it shows we doesn't care about support them and willing to abandon them under this new president. isis is using trump's executive order to recruit terrorists and ensite attacks at home and abroad. the guys i work with every day, they put their lives on the line for their country and for ours. we made a promise we would keep them safe. if they did that we would protect them. now we're saying we're going to abandon sthoem them to the

terrorist. i trusted him so much ta i gave him a gun, i trained him with a gun so if we got into stuff spot, he could fight alongside me. it took him eight years to go through the vetting process. he my be getting slaughtered in iraq right now. >> our system of vetting has been amazingly professional, it could take years to get into country. what do you make of this ban. it's not a ban. it's a ban. >> the president himself has used that term before. >> and sean spicer. >> sean spicer and others. the point an point about those with green cards or illegal

resident ask the rproblem with this. working to fix this, to revice the order to make sure it's clear you would think -- >> you i'm not go to argue that point. to your question about the vetting, we hear from the people in the intelligence community and elsewhere, everyone is worth taking a look at those around the globe we're integrated into that. that we have appropriate steps. so the idea is to update and make certain we are doing the best way possible, i think that's fine. >> they are saying moratorium on -- >> it's time to take a look at

the system to make sure they are doing it right. >> the message to the world is stay away. >> look at google, they told all of them to come back. i have been on the phone dealing with businesses, i have done 22 trade mission from governor. i'm under nondisclosure who informed us today, they want to come to virginia, they have scared to bring their business to america. this is going to be crippling for u.s. economy. it is a global economy, with 95% of the world living outside of the america. by putting this together, they did not put thought into it, they didn't talk to anybody, they are not feelings consequences of this action. he is not the king. is the president, he has to work

with congress and the states. >> i appreciate the governor is saying. unless those businesses come from somalia or iran, i don't think you have a problem. they can come to do business in virginia or any place else in the koucountry. >> there's a -- >> that's not going to bear out -- >> they are scared to come here. >> what are they scared of? >> about the muslims. >> muslims are welcome to this countries. fl unless they come from one of knows countries, that are not banned -- >> give us a last word here. >> let jump in here. the armed services committee met with king abdue la, he is not on

the list. the strain it created is pal pable. jordan may not be the list. it absolutely is affecting our relationship and put our troops lives at risk. no matter how ill conreceived the order was it's having affect on the national security across the globe. >> thank you for services. >> thank you. >> we continue by the way to await word from the white house on who on who is's going to be trump's supreme court pick tonight. up next massachusetts on how democrats are willing to go to fight trump's pick. this is "hardball" where the action is. you know i work at ally. i was being romantic.

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welcome back. people are starting to arrive to the white house. we're at the hop of the hour where president trump will reveal his pick for the supreme court. the question becomes how much resistance will the democrats put up. congressman, give us a sense as you look at it, the stakes, and second of all, how is it going to be decide, filibuster, simple

majority, by what? >> the republicans and senate decide they would not give a hearing to merrick garland so they stole a supreme court seat from president obama. so donald trump has a chance to nominate someone to the supreme court and that nominee has to be within many stream of history within that history, cannot be taken witness tests, he going to appoint people who are going to be very, very conservative on the far end of the ideological spectrum. we're going to give anyone he nominates closest scrutiny that anyone as ever been given.

>> what about simple has religious belief, is that a mainstream outside mainstream situation for you? >> i don't know who going to be nominat nominated, i know this donald trump is going to name someone who going to cut back on pro ductive rights of women in our country. row v wade goes to the heart of women's right to choose is going to be up in the near future. hob lobby, row v wade, we can go down a entire list, but the decision the president makes, the most important decision he can make, with the exception of

putting united states at war is not something democrats are going to allow to go through without the closest possible, scrutiny. >> can you demand that plurality and make it stick? >> the history of the senate there's a 60-vote threshold for the confirmation of the supreme court nominee. the democrats intend to holding the republicans to that historical standard. donald trump has already said that if we don't act quickly, he is going to ask the senate to change its rule and bring it down to a bear majority. in the senate republicans decide to do, if they decide to use nuclear option, then aim afraid there's going to be a fundamental change in the senate that would invoke the law of

inuntent for this congress and congressss to come. it going dramatic change within history. >> up next future of the supreme court, if trump gets more picks, he could turn the court right for -- if three leave, it could be 7-2 on the right. 7-2 on the right. you're watching "hardball," where the action is. (vo) do not go gentle into that good night, old age should burn and rave at close of day; rage, rage against the dying of the light. do not go gentle into that good night. ♪

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welcome back to "hardball." last year was a block buster year after it ruled on a number of high profile cases. it year is docket selected by current eight justice is significant profile. but tonight's selection of

associate direction, immigration rights, transgender rights, joining employme is the roundta. let's talk about the elections matter. what are the pro-life people who backed trump like states like pennsylvania what do they want from this new president in terms of the supreme court make up? >> the key moment was last spring and he announced his potential list of supreme court justice. it gave the conservative a sense he was going to work with them on what they considered most important issue of that system. they want a judge off that list, somebody they have a history with and comfortable to uphold

value they see. >> american bar associate type people, these are reasonable conservatives. >> the thing i got from talk to the marchers, they want someone going to restrict abortion as much as possible. most don't think row v wade will be owe turned. they want it to be -- >> what's the cutting edge, 20-week. >> anything beyond 20 weeks, being able to have ultrasound to have clinics that have hospital rights, so there are issues of trying engage the woman before the abortion to prove to her the fetus is someone that's deserving. >> it says clinic has to have the apparatus of a major hospital. >> right. >> it's smart in your political

person on the right. >> it would be contested because basically wipes out a cllot of clinics that do abortion. it would require women to drive or be conveyed many hundreds of mile in many cases. >> that's undue burden. >> that's undue burden to me. >> how about right too spend such you can for a candidate. >> you're with george will on this one? >> i am with george will on this one. >> if you want to go to get something because i donated money -- >> we don't have -- there's a lot of political money that goes into various kinds of organization that is not

disclosed. in you're go to trade full disclosure for this -- >> i'll make that deal with you tonight. >> get other people to make the deal. a lot of people don't want to make that deal. what you get a unlimited money and no disclosure. >> it would have -- >> there's a library, foundation, if they can kind a way to shovel a way they will find a door or window. the roundtable is sticking with us as we await president trump big decision of the supreme court numbominee. arp believes it should be honored. thankfully, president trump does too. "i am going to protect and save your social security and your medicare. you made a deal a long time ago."

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today at esd.ny.gov you're looking at a live picture at white house. at the top of the hour we're expecting president trump to announce pick for the supreme court. peter, who are those people in the room? who have been invited to this event? >> this different screen, it's a ton of republicans. moments ago i saw house speaker enter the room. to give you a sense of unique of this moment, both adult sons are here. donald trump and eric trump, jr. are here. there's only one of the two finalist, only one who made trip here to washington d.c. today

they have been invited. there isn't going to be grand reveal behind the curtain. we know only one is them is here on this occasion tonight. kelly ann conway and trump's aides as well. >> it makes seem like a presidential new supreme court associate justice will be part of the trump family now. the color ration sounds like -- this cheering section? >> i have been in news conference with donald trump you could hear that cheering section for everything he said. it was realtime fact-check to push back on anything we tried

to challenge him on. in terms of the trump sons being here, there's a lot of question that's going to be raised. >> it looks more and more like the like the ro romanoffs. we'll be right back. introducing otezla, apremilast. otezla is not an injection, or a cream. it's a pill that treats plaque psoriasis differently. some people who took otezla saw 75% clearer skin after 4 months. and otezla's prescribing information has no requirement for routine lab monitoring. don't take otezla if you are allergic to any of its ingredients. otezla may increase the risk of depression. tell your doctor if you have a history of depression or suicidal thoughts, or if these feelings develop. some people taking otezla reported weight loss. your doctor should monitor your weight and may stop treatment. side effects may include diarrhea, nausea,

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but at t. rowe price, we can help guide your retirement savings. so wherever your retirement journey takes you, we can help you reach your goals. call us or your advisor t. rowe price. invest with confidence. back with our round table as we wait on president trump and the announcement of his nomination for the united states supreme court. yamic yamiche, tell me something i don't know. >> something you don't know is that betsy devos might be in trouble with even republicans. i was at her hearing today. >> her cow scollins, any others? >> i've heard of other people being targeted an the reasons are that the protest campaign is getting to senators. millions of people are calling in and they might be 2350e8ing the pressure. >> bear up with my cynicism. this is the. in. ea. and the a.f.t. after all the talk it's the power of the teachers' union? >> i think there are also some

protesters that are grass-roots like black lives matter protesters and people into civil rights and lgbt issues. that are pushing back because she has the views against -- and she supported those kind of conversion -- >> those are trump's views. her views are trump's views. >> the point is that the people who did not vote for trump are putting pressure on that. >> eugene? >> i was just in michigan and governor rick snyder is going to have a real tightrope to walk on this travel ban and the erefuge ban because michigan is home to hundreds of thousands of arab americans. >> dearborn. >> dearborn is the sort of epicenter but other parts of the state as well. >> where are they from from? >> there are a lot of syrians, lebanese americans. people feel very passionately

about this issue and personally about this issue because everybody seems to know somebody who is personally affected, a woman who -- i spoke to a woman whose daughter is getting married to a guy from syria and he's out of the country, he cannot come for the wedding. >> is there a broad sympathy for them? >> there is a sympathy that to me anecdotally seemed to kind of cross political lines because, again, these are your neighbors, people you know. and it will be difficult for governor snyder who has been very care informal his response, he generally wants to be supportive of president trump but at the same time we need more information. we need to have a dialogue. >> all politics is local, gene. it's okay in my backyard. it's basically the other version. >> so key republican donors in arizona are looking for a republican to run against jeff flake. high profile names -- >> to the right? >> well, it's more, you remember

during the campaign. >> they want somebody more trumpian? >> they want somebody they think is more like them first. >> i think flake is great. i guess that's his problem. >> maybe. [ laughter ] >> you like him, that's a problem. >> i've always confused by -- is arizona -- retirees from the midwest, who are the people that live there and dominate politics? i thought that was know birds. >> the state has grown so much. a lot of californians and general growth there. >> let's bring in ari melber who has been following this thing like a bandit. who is it going to be ari. >> >> i'm not that smart. i will tell you this about neil. a lot of conservative americans want to make the court originalist again after justice scalia and neil or go sich has

talked about his allegiance to justice scalia's approach. he spoke saying he was on the slopes, got the call that justice scalia died and he was crying uncontrollably. we know conservatives are looking for a scalia to fill what they call the scalia seat. >> let's talk the politics of this. donald trump is not a natural fit as a pro-lifer, he adapted that position in the campaign. he isn't really up to date on the right-to-life position. is this a way for him to snuggle up with the right-to-life people on this cultural question? by picking somebody clearly right to life? >> that's absolutely the

politics, guns and abortion are the animating issues for judicial conservatives and federalist society who we know according to reporting had influence here. you put it diplomatically, the bottom line is as a candidate donald trump withered under your questioning. he revealed he did not understand the legal and statutory lines or ambitions of the pro-life movement as you knew and he didn't at the time even a very harsh pro-life approach to criminalizing abortion does not mean criminalizing the women who get them. it would mean criminalizing it at a different level of the law at abortion providers, health care centers or doctors, not the women. that's a fact about what they have said they want, what they've written they want. donald trump at the time didn't know it, you did. that came out in the interview. as for your question, yes, both candidates are understood to be pro life. it's fair to say gorsuch has more opinions in that area. he wrote passionately and eloquently in the obamacare challenges about the idea there that there has to be room in the

law for people who believe the fetus is a human life that that is protected. >> ari melber, chief legal correspondent for msnbc. in the parthenon of issues, what's the most important to conservatives? is it gun rights? protection against abortion or what ever? >> it's a -- >> or the right to spend all you can in a campaign? >> well, that could be because it's about that sort of protecting both the constitution and the bill of rights to protect the individuals against our government and so people who take a hard look at protecting those rights are who conservatives will take a look at. >> what's the splashy news tonight if it's gorsuch? >> well, what do the democrats do, i think. >> you heard senator markey on the program he said they'll insist on the 60 vote but they can't really insist to the bottom line because it's up to republicans to decide they'll

drop it, but i believe from inside reporter that i think they like the 60-vote rule. they don't want to throw it out either. that gives the senate its balance. >> i don't think they want to throw it out but i think democrats will be under intense pressure from their own base to be obstructionist. i just got off the -- >> just say no? >> all these protesters are outside chuck schumer's house right now. >> outside his house. >> yes, protesting against him saying why did you vote for any of these nominees so people are in this polarized condition where the left is like we want to be like the tea party. >> do democrats want to change the subject totally to the supreme court because frankly they're making hay with the refugee ban and the immigration ban and i think they might -- i don't think they want that to disappear from public consciousness which it would if they just take a no. >> you and i and yamiche, we watch him -- you watch him as a supporter.

was this timed to get him away from the muslim ban problem? >> well, it doesn't security. >> yamiche, gene, well said and understated, ed bro, thank you. stay with us, donald trump about to announce the appointment of the supreme court associate justice and chris hayes picks coverage up right now. good evening from new york, i'm chris hayes. minutes from now donald trump will perform one of the most solemn constitutional duties assigned to the president of the united states nominating a justice to the u.s. supreme court. borrowing from his previous career as reality tv host, the president has narrow it had list of candidates down to two finalists. both were allegedly summoned to the white house to ensure maximum secrecy but we're learning both men did not go to washington tonight. it will be the second time a president has nominated someone to fill this particular seat on the court after the sudden death of justice ant