as pro choice. 36% of republican voters, 36% said abortion should be legal and less than 2% when you look among republicans in congress. not much in either party. mtp daily starts right now. if it's tuesday, you can't always get what you want. tonight, mind the gap. just how wide is the gap between what president trump wants for america and what most americans actually want? our new poll numbers map out tricky terrain for the president's way forward. plus, the law. president trump says never mind all that talk that he is softening support. >> the wall will get built, folks. >> but when and who is really going to pay for it. >> scotus interrupt us.

it left justice briar blushing. mtp daily starts right now. good evening. i'm chuck todd in washington. the wall delayed. health care delayed. tax reform is complicated. a deal to avoid a government shut down is becoming complicated too. yet another judge shut down another white house order on immigration. trump won the election, but you can argue he is losing the electorate and nowhere is that clearer than the legislative paralysis that marred his first 100 days that show little signs of letting up. the president is officially abandoned a last ditch effort to force movement by risking a government shut down over it. aides said that the must pass spending bill to keep the government open does not include any new border wall funding.

the republican offer handed over to the democrats today did not have it. this afternoon at the white house, the president was insistent that the wall will happen eventually. >> secretary kelly is doing an incredible job and said we definitely desperately need the wall. the wall gets built. 100%. >> we are all right preparing and doing plans and specifications. the wall is very, very important. >> in your first term? >> well, yeah. sure. >> that's how campaign promises happen. the wall is not popular and neither is the president. it's not just the wall, but he is championing a lot of issues with the public overall. according to the "wall street journal" poll on the republican plan replace obamacare, half the

country has little or no confidence. on trade, you have a clear majority of the country saying free trade is good because it would open up new markets. just 37% say it's bad because it would hurt manufacturing. immigration, 60% say it helps the u.s. just 32% said it hurts the united states. we should note we poled the border wallpecifically and as you might guess, it wasn't popular then either. on climate change, two thirds say action is need and they have concerns of the issue are unwarranted. on the role of government, we have a clear majority that wants government to do more compared to under 40% who want government to do less. that 57% number is the highest ever recorded. this does not look like a republican lined up with the president.

perhaps that's why his ark approval numbers are the lowest at the 100 day mark. 40% approve and 54% disapprove. he is down 4% and disapproval is up 6%. his approval rating is 90% among trump voters. he's got his base. let's talk about the poll. joined now by will pollsters. democratic pollster fred yang of hart research. welcome to both of you. let's start here. i will let you have the first word here. the president's signature issues from the campaign don't poll well overall. he is sitting on a plurality at best inside his own party. where does he go from here? >> first what i think is happening is we have in our poll lots of democrats. you were saying oh, my gosh,

that's a signature issue. i'm against it by highest margins we have seen among democrats. i believe there is a trump constituentsy in the mid-to high 40snd republicans keep control of the house. if you hold that coalition together. these initiatives are okay with that republican coherent coalition. >> as you pointed out, we were talking in a preinterview, he pointed out democrats. when you look at the overall numbers, there is another group of voters that are not as anti-trump as democrats, but they are not pro trump and that's independents. >> you don't get those numbers in the movement to the progressive side without the movement of independents. you are opening segment, the public is moving away from trump and the president is moving away from the public. his base is solid, that is true. butter poll shows after almost

100 days, he has not expanded beyond that. >> i think it's fair to ding us all about overfocusing on 100 days. i want to show you this line we had put together where in the first 100 days, only with one exception since reagan. did the president's approval rating go up by the next mid-term and then down? reagan 67% down to 42%. h.w. bush down to 54. clinton down to 46. obama down to 45 and the 9/11 exception up to 63%. the trend here says 40 is a high water mark if you are looking at the first mid-term. how precarious of a position is he in? >> very little historic markers make sense. they evolved and changed where it becomes about holding your coalition and your base. i would like to say these things. we can look at what do you want,

a republican or democratic house and just the republican seats. the numbers are what it has been in 2016, 14, 12, and a little bit worse than 10 which is the high water mark. meaning that -- here's the last thing that is being missed. huge economic surge in confidence this this country. say what you will, the economy is good, it bounds to your effect. my point is i think it's possible the president can be in a year and a half he can be at 40, but today's 40 with these numbers, republicans would hold the house. >> first we used to care about 60 and then 50 was the new 60. 40 is the new 50? >> or it can be lower. i would say in response to the bill, he is in the figure, but who is to say he will benefit from an improving economy. historical trends suggest that the president gets a bump from the economy if he is a unique

figure. the rules may not apply to him and he may not be held by the growing economy. our polls showed 3/5 of americans approved of the action. strong foreign policy. a strong economy and his job approval went down four points. at sometime 40 is 40. >> i want to pivot here. if government shut down, potential government shut down showdown week, it is interesting to compare paul ryan and the state of the republican party and the state of donald trump. you can say paul ryan has the lowest negative rating of the negative entities. he has the highest positive rating of any of them on screen. the biggest issue is the net negative paul ryan bill is actually having a worse -- he is under water by more than donald trump. that's remarkable, is it not? >> for could be worse. he could be nancy pelosi who has higher negatives. the speaker of the house, what

an unenviable job. you are trying to do health care and that kept no one happy. i think he took the institutional burden of that meaning ryan dropped with the republicans and trump voters after the issue. there is no question this has been a difficult period for the speaker. >> i feel like it puts him in a box. he doesn't have to trust the trump voters and he sees the numbers and he has to worry about other numbers who are afraid of being here. >> if you take a step back, the republicans control congress and the presidency and they couldn't get and deliver one of the big campaign promises. i think he is lucky his numbers didn't go down more. >> the fact that trump's numbers are better than oneign policy, is that your confidence point? there were so many different counter variables, the syria action was met with extreme

popularity and it doesn't translate to the overall foreign policy. >> it's a story where not much happened. here's what we know in the nbc "wall street journal" poll. 56% said they are satisfied with the economy, highest since 2002. michigan consumers said how do you feel about it right now? highest since 2000. fred and i are not disagreeing much. if you are the incumbent president and party, running with a decent economy is a stabilizing force. >> last word for you, bill is basically arguing that the republican party is jerry mandered in such a way that it is very difficult to lose the house even with trump's members the way they are. where do the numbers have to be to have a shot? >> we are getting to the level. he is going to have his base and it keeps his numbers at some 30

to 40 position. >> we at the floor? >> we are close to it. the other thing about mid-terms is about enthusiasm. from georgia and kansas, democrats are enthused. >> there is a lot more to the poll that i didn't get to. that's why we have the rest of the week. >> thank you, sir. >> the clock is ticking to revert to a government shut down. no deal on both sides. a bit uneasy. obamacare subsidies are a sticking point. we are at the zero hour to a clean short-term extension. then democratic senator patrick leahy. we have the stuff wrapped up. how long does it take to get to yes. let's figure out where we are. i am joined by a deputy for the house republican conference. that's a good idea where things stand. before i get to foreign policy issues, i want to get with you.

keep in mind every time you are covering this, this is my seventh year. every time we come up to a government funding. in democracy and negotiations, it goes up to the deadlines. we will have a final thing going for it. it's not fun. >> i believe you are making a little bit of news. there will be a short-term extension and you need more time? >> i heard rumors of a one-week extension and if we need more time. we end up having this by thursday. we want to put it on the internet for people to see. that's a rule we have. we will see what it looks like.

>> the rule until you don't need the rule. >> we're do. we try to hold to that. that's what we will negotiate through. if it takes a week of a short-term extension, we will do it. i don't think we see a government shut down at all. >> moving the border wall out of this debate, does that make it easier. >> i'm not in the middle of this negotiation. democrats have made it clear. there is a 60 vote threshold. we top the see wheert's more money for the military. we are in the process of figuring out the 2018 stuff. it never ends. you probably heard our conversation and you probably are pretty familiar on the

republican side. let me ask you this. when does national public opinion matter to you versus republican constituency and public opinion matter. the differences between the wall and the overall public and the wall between the trump constituency. two different views you get. >> i always put the nation in my mind. this is any decision i do. protecting your country. that's what your district wants to you do. you will see a lot of members that listen to the district first. those people put them in office and you are there to represent evan 700,000 people. they are concerned to any party. they look at an election coming

forward. immediately when we get swo in, we are talking about the next election. there has t a moment before we govern and that hasn't been the case in so long. >> how many days a week do you fund-raise and legislate? >> there is a lot of fund-rai fund-raising and it's a system that people automatically right after you are sworn in they think about what happens in two years. i don't know how to get away with it and they try to do the right thing and let the consequences fall where they may. >> national security is something you focus a lot of your attention on. >> the white house is doing an unprecedented all senators briefing tomorrow at the white house. they are finding a secure place. the president hinted that they have gotten china to do something they haven't done

before. how much are we getting to deal with the threat? >> more, but not enough. the chinese take into account is it better to have a north do rhea with a crazy guy in charge or not. that's what we have to do to change the calculus and hopefully in a friend leeway make sure he does not bring his missiles. that puts the united states in the world at threat. noerthd north korea is there right now. it's a serious situation and hope and think the administration realizes when the red line comes, they don't get to that point. >> is it a greater threat to security than say what's

happening in syria? >> in terms of existential threat, yes. that's a direct threat to the united states of america. they also have killed a half million people. 50,000 children. it's a huge tragedy that led to destabilization. that's what they are doing right now. rar are rather than great the 100 days. what's one lesson you hope he takes away. hopefully use twitter. he has a great following. anything you tweet has an impact whether on foreign or domestic policy. a couple of tweets have burned it. >> think before you tweet. >> that is always a good lesson.

thanks for coming on. ivanka trump defends her father in germany and got a bit of a rough reception. break through your allergies. try new flonase sensimist instead of allergy pills. it delivers a gentle mist to help block six key inflammatory substances. most allergy pills only block one. new flonase sensimist. whattwo servings of veggies? v8 or a powdered drink? ready, go.

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do it in seconds. because we should fit into your life, not the other way around. go to xfinity.com/myaccount first daughter and assistant to the president is in berlin at a summit. she appeared alongside angela merkel and imf chair. the first daughter was jeered when talking about her father's attitude. while in berlin, she spoke exclusively to my colleague. >> you are front page news here in berlin and called you the first whisperer asking whether you will steer your father towards a moderate course or be a loyal accomplice. >> i don't like the intonation

of that. that assumes that i think i don't like the word accomplice. in this context, i don't know that that's productive. one of the things i value about my father as first a businessman and the leader of our country is he curates ideas and likes to hear from people with divergent viewpoints. that's not always true in politics. it's actually seldom true. >> you can catch more on nightly news and you saw the bug tomorrow morning on the "today" show. we will be back with more mtpdaly in 60 seconds. just by looking in my eyes. but what they didn't know was that i had dry, itchy eyes. i used artificial tears from the moment i woke up... ...to the moment i went to bed. so i finally decided to show my eyes some love,... ...some eyelove. eyelove means having a chat with your eye doctor about your dry eyes because if you're using artificial tears often and still have symptoms, it could be chronic dry eye.

it's all about eyelove, my friends. it looks like president trump is caving on his his demand for a measly $1 billion for his wall in the budget on the border. if he is willing to withdraw a demand of his for a measly

billion dollars for the wall because the democrats are threatening a shut down, then the democrats will just learn that the threat works on trump too. >> rush limbaugh with rush today. let's bring in the executive producer and host of show times the circus. matthew, you represent a publication and the right of center. rush limbaugh, is that him realizing any time you can talk about immigration, it's good for radio and listeners. is that something donald trump needs to pay attention to. >> it's worrisome. we talked about theock trump has on his voting base.

that would hurt him. that would erode his support even further. that's one reason you saw trump today come out after the press conference and say no, we are going build that wall. >> timing, sdruchl as medonald is as media savvy as any president we have had. he did his we will build the wall and the wall is going up. coincidence? >> no. i don't think so. he is reactive to media and he has denilts of how much als ande is not 1 to waste a moment. when he thinks there is a moment of his reputation or his base that is being jeopardized in some way. he jumps on it fast. >> rush is on to something.

>> many border states don't want this wall and he is trying to shift it and say it's the democrats's fault. they will roll all over him. in reality we know there is a lot of republicans who don't want it as well. >> i hate to put it in these terms, but if he were more popular and he made the demand, would he get it? >>possibly. i think it may have made sense for trump to pick a fight on the wall right now. it would have rallied support for him among the core voters. it may come out and trump's mistakes have been when he plays by the rules of washington. this is another comprehend of him doing that. if you are a trump supporter, if he caved in in the first three months and he signed it and said

i'm never doing this again. the lesson was democrats can roll. >> there is something to that. the reality is that there is not going to be a wall. if there is, the americans will not pay for it. all of this in the end is who gets blamed. can trump seem to have fought for it and plausibly ascribe blame to someone else. there is not going to be funding. >> he lost the republicans on health care. he couldn't lose them when it comes to this as well. he is realizing that he has to figure out how to negotiate this idea that we will build it in september. september is the eve of mid-term elections. that's not going to happen. he is trying to buy time. >> the challenge again, i think he is right to say don't judge this presidency by the first 100 days. it doesn't usually get better in the next 18 months. it doesn't get better until that 30 year.

you go through the ebbs and flows. >> the amount of executive orders that have been shot down by the cowers doesn't help him at all. when he hasn't been able to pass legislation. >> you have to kind of wonder whether it might be his block of votes for the duration of his presidency no matter how long it lasts. march was terrible for donald trump. why? because he got in league with paul ryan and put in a health care bill that no one likes and embarrassed the republican majority. trump may benef fromor separation from the republican party. >> look who took the heat in our poll. paul ryan, yes donald trump lost ground from february until now, but paul ryan is signal by the measure of your space between your positive and negative rating, his is worse than trump's. >> he had a low bar to be measuring up against if you are donald trump. does donald trump want to do big things or not? if he does, being in a situation where he keeps his block of

voters he had on election day, that is not going to allow him to do something large. it's never going to be enough. >> you have so many voters that regret the obama voter that went for trump. unless he does what he should have done, it will be difficult for him to win those voters. you see the giant numbers and it will be great. i don't know how you are going to get that passed. >> this is where the lobbying comes in and trying to persuade members. he is learning on the job. i don't think he was prepared for all of the -- >> that was nervous laughter, by the way. >> all the responsibilities and all of this. it's a work in progress. the thing about tax reform, simpler is best. just cut the corporate tax rate

and you will get democrats to go with you. don't go for the big tax reform 1986. that will never pass. capitol hill will have another embarrassment for the president. >> as the white house sends up to the hill emissaries to talk about tax reforms. the last time was during the health care battle. steve bannon was threatening members and today wh is going up there? two democrats. steve mnuchin is going up there as a diplomat from the white house. if you think about a learning curve and what the house has learned, it seems they learned something that they approached before. from that we don't know. when obama got congress to work with him, that's when he numbers went down. >> we had such an amount of energy from the ground level. if the american people stop

paying attention, that's when the republicans will negotiate more with trump as well. >> we will pause here and you guys are coming back. north korea will dig more into it. they put out a display of military might. is it a show of force or just a mere show? we'll be right back. ♪ ♪ ♪ ♪ ♪ sfx: engine revving ♪ (silence) ♪

welcome back. since taking office, the trump

administration has made a couple of misstatements about the holocaust. ed the holiday did not mention jewish people or ti-semitism. sean spicer apologized for saying hitler who gassed millions of people didn't use chemical weapons. today when trump spoke at the annual holocaust commemoration ceremo ceremony, he delivered a speech being praised by the anti-defamation league. take a listen. >> this is my pledge to you. we will confront anti-semitism. those who deny the holocaust are an accomplice to this horrible evil and will never be silent. we just won't. we will never ever be silent in the face of evil again.

>> thank you for those word, mr. president. up next, evaluating the north korea threat. first here's hampton pearson. >> the nasdaq hits a major milestone. stocks closing higher thanks to strong earnings. the dow rising by 232 points breaking above 21,000. the s&p ended up and the nasdaq sore above 6,000 for the first time ever. shares of caterpillar reported stronger revenue and profits for the first quarter. new items on the menu at mcdonald's help drive sales. the chain gaining 5.6%, surprising investors with better than expected results. that is it from cnbc first in business worldwide.

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>> welcome back to white house who hosts the briefing on the north korean nuclear threat.

white house press secretary sean spicer said it is being run by the white house and just hosting, prompting some to point out there are secure facilities in the capital that would better fit a group of that size. but that briefing comes the day after north korea marked the anniversary of the founding of the drill. that was slightly more tame. the official missiles were expecting them. envoys from the u.s. south korea and japan met to discuss the threat. there has been increasingly tough talk from the administration making it appear that tensions are escalating. is this just saber rattling or has the threat increased? let me bring the panel back here. john, you read something and it feels as if there is an almost data dump of information on the north korean threat that we as

american citizens didn't get it. either didn't know or it really escalated. >> that's right. there is no question that the administration is trying to lay the ground work for what seems to be a crisis that could come to a head soon. the reality here is that the obama administration he said this i the biggest threat you face. that's a real thing. >> two cards in the playbook. is to push china to do more and act unilaterally. that's the problem. only two effective places. >> it is realizing.

if you don't stay in line, we will go back in oil. that has never been so public for china to be so public with north koreans. that just sends out alarm bells. >> quickly and i will bring in ambassador chris hill in a moment. where do you see this? >> there is no good solution to the crisis and i don't think it will be resolved soon. >> let me bring in someone who cent a l spent a lot more time on the issue. he is basically my go to expert on this. ambassador, i want to start with what i read today in the "new york times." it seems if you believe everything in that story, north korea is on a much faster track than anybody realized six months or so ago. >> that are is my sense. there is a lot of guesswork here

and it's hard to tell we don't have a lot of fidelity on the program and the tests and the things they are testing. it's clear they are moving a lot faster than anyone thought they would move a few years ago and it's a good bet to say in the next four years, we will see a deliverable nuclear weapon in the hands of the north koreans. >> we had three or four straight periods who said it's not going to happen. they will not get a weapon on my watch. how do we stop it? >> it's going to be tough. the strategy is clear. you have to hold your allies close. we are doing that with south koreans and the japanese. it's important with the south koreans because they are going through a tough election cycle and the president is in jail awaiting corruption charges and very necessary to hold them close. this is a hearty pe r y perenni

the issue. it's not just a matter of telling the chinese to enforce sanctions. that train is moving more slowly than the north korean nuclear train. we have to sit down with them and make it clear what we want to do and what they need to do with this. then we have to look at some really tough options in terms of whether we can slow down the program through whatever means and things you don't like to talk about on television. >> i understand that and my question to you is it feels as if this is a limited playbook. the only play anybody really wants to run is to put more pressure on china play. when does that no longer work? >> i don't think it will put more pressure on china, but ourselves as well. if we get involved in trying to slow down the program and if they retaliate and you have to

remember there are spent million south koreans in the range of artillery. we can't do stuff without being clear about what's going on. it's their civilians at risk. we need to do something about this. no question. if they have a deliverable nuclear weapon, their purpose is in decoupling the u.s. from south korean security and we cannot allow that to happen. i think we need to slow down the program and we need to use direct means and i think we need the chinese to understand that we have to do this. that has been fficult for the chinese to understand. we never have been together on this and grudgingly acknowledged overlap. >> do you think the president's unpredictability is an asset here because the chinese are more nervous? they seem to be a little more or acting as if they are feeling pressure. i'm a believer in

predictability. it worries me at times. you have a point. it worries the chinese. we need to be really cool and steady here. we need to think these things through. >> i will leave it there. i appreciate it. you are rushing in and always appreciate you sharing your views. >> thank you. >> you guys are sticking around for a quick break. why i'm obsessed with what president trump has not been doing. it's taking the best technologies out there and adapting them to work for you. the ultrasound that can see inside patients, can also detect early signs of corrosion at our refineries. high-tech military cameras that see through walls, can inspect our pipelines to prevent leaks. remote-controlled aircraft, can help us identify potential problems and stop them in their tracks. at bp, safety is never being satisfied. and always working to be better.

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welcome back. tonight i'm obsessed with this question. what if you were elected to run a government and no one showed up. if you were concerned about the deep state and the career bureaucrats having too much power and you didn't bother making appointments to fill the government with your people. that's what has been happening these first 100 days. president trump had nominated only 58 people for those senate-confirmed positions compared to 85 for george w. bush. 95 for his father, hw. 176 for bill clinton and 190 for barack obama. let's look at the pentagon. vacancies have been confirmed, nominated or announced. nothing has happened with the other 43 positions. no individual person. spicer said the democrats are to blame for slow walking the nominations. you can make a point that they

have taken their time with those being named. how can you blame them for not acting on a nomination you have not named yet. they were reacting to what democrat diagnosis before that and so on and so on. they were doing it to people who were nominated. if you want to complain about the lack of nominees, it may help to nominate people. chuck schumer is not preventing any nominations in the government. he may slow it down when they get there, but you can't blame him for not nominating. we'll be right back. ove irrigat. remote moisture sensors use a reliable network to tell them when and where to water. so that farmers like ray can compete in big ways. china. oh ... he got there.

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new flonase sensimist is there any way you give immunity to testify? >> no. >> there's no way? >> no. >> welcome back. that was the chairman of the senate intelligence committee just a few moments ago. and it comes just after the bipartisan heads of the house oversight committee said the white house has refused their request for documents they say show president trump's fired national security advisor

michael flynn failed to disclose payments from groups tied to russia and turkish governments when he submitted his security clearance last year. >> it doesn't appear as if he complied with the law. now, we need the final determination to be made, but the inspector general of the department of defense is there. we were obviously involved. but i don't see any evidence that he actually did comply with the law. >> time for the lid. the panel is back. congress was out for two weeks which mept the raegs story sort of faded for a little bit. congress is back. all of a sudden there is churn and movement on russia. michael flynn is just the -- >> he's the poster child for -- >> a thorn in the side of the trump administration. >> chaffetz use of lapping waj there was fabulous. he broke the law is what you're saying. and the problem, though, is i think the republicans are going to have a hard time because even republican democrats -- republican voters that want a -- want russian investigation,

they're having a hard time. when it came to benghazi, they had i want to say 37 staffers actually looking in, investigating now they're saying oh, we have seven staffers. none of them have background in investigations. there is going to be a push i think by the american people that are saying, we want this out of the oversight of the senate. we actually want a private investigation. >> i don't know if they're there yet in the senate intel -- right now you have senate democrats who are pushing to keep it in the senate intelligence. they know that is their only access to a public hearing. >> the biggest threat for trump is he's so les eeasily distract the russia story. it can move him to tweet in the morning, all of a sudden the russia story trump wants away just resurfaces even more intensely. >> john, we had some -- there are some bullet points from the last week, reuters have the think tank, the scoop from the russian think tank, this was clearly their objective to

meddle in the election. not saying we have carter page who i think is goi to be apparently was everybody's stooge. just stooge period. we'll figure out -- >> willing dupe. >> whatever it is. he is shrimp. so, but then you have flynn which always brings it back to the white house. boy, who brought flynn into this operation to me has always been a little bit of a mystery. >> the person who brought flynn into the operation was trump i'm afraid. clearly, the fact flynn had been with trump so many months during the ka many pain, that's one of the problems. right now the white house is making the claim everything flynn did wrong is stuff that preceded his time as national security advisor. the problem is he was on trump's side for months and months about the campaign. you add that to questions about all of that kind of mi asm a about those who interest direct

ties, circumstantial ties to russia, there is a lot to look at and the pressure under the senate committee. the momentum is going to pickup on this again. we are now 100 days in. this story is i think as hot as it was at its hottest moment 100 days ago. >> again, i go back to michael flynn. he makes all of the other allegations seem plausible. that's the problem the trump white house has. no matter how much they want to call him rogue, and he may have been a rogue actor, but the problem is he was national security advisor. >> exactly right. i think the problem now is that the white house saying we have no paperwork. if they were even going e-mail or exchange people would say this is all that they have. it just really seems like they are holding back the line. >> very quickly matthew, it's because nobody in the trump campaign was vetting anybody. >> no one took him seriously. now he's president. >> proper campaign doesn't allow michael flynn anywhere near the national security council. >> didthink there was going to be a traition. >> fair enough. well done, guys.

i appreciate all three of you. i mean that. after the break, the supreme court ring tone generating a little more than a vibration. find ping-pong. okay, let's go. find your awesome with the xfinity x1 voice remote. that's amazing! who's the new guy? they call him the whisperer. the whisperer? why do they call him the whisperer? he talks to planes. he talks to planes. watch this. hey watson, what's avionics telling you? maintenance records and performance data suggest replacing capacitor c4. not bad. what's with the coffee maker? sorry. we are not on speaking terms.

well, in case you missed it, there was a very unusual interruption today during supreme court arguments. a cell phone. justice steven briar was red faced according to the washington post after his phone interrupted the proceedings. pete williams reports those who were near it say it was not the standard ring tone, either. but sounded like tiny bells.

we can't show the moment to you yet because even though you may be able to hide a cell phone under those robes, electronic devices like video cameras and, yes, cell phones are strictly prohibited in the courtroom. a court official says justice briar simply forgot he had it with him. but it reminded us of some of our favorite inopportune moments of cell phone ringing. like this one of one of president obama's press conferences. >> whose phone is that, guys? come on, now. somebody, you recognize your ring. don't be embarrassed. just turn it off. [ laughter ] >> or the time white house press secretary robert gibbs was interrupted twice in two minutes by reporter phones. >> for law enforcement -- give me the [ laughter ] [ laughter ] >> you, too? do you want to do this, too? >> well, how about the call that interrupted not one but two former presidents? >> it's hard to make good decisions in complex

environments -- [ laughter >> there is only one -- only two people have this number, they're both related to me. >> so, there you go. justice briar, red faced and all, you're in good company. that's all for tonight. for the record with greta starts right now. greta, what happens' your ring tone? >> i'm not telling. thank you, chuck. and we have breaking news tonight. president trump just dealt another legal blow. a federal judge in san francisco blocking nationwide president trump's executive order threatening to stop federal funding to so-called sanctuary cities. now, those are the cities that refuse to cooperate with immigration authorities. the federal judge in issuing the nationwide preliminary injunction held that president trump's executive order could cause immediate irreparable harm if not blocked now. the san francisco city attorney saying, this is why we have courts, to halt the overreach of a president and an attorney general who either does not understand the constit