however, should these issues not be resolved by the time the funding bill before us expires on february 8, 2018, assuming

that the government remains open, it would be my intention to proceed to legislation that would address daca, border security, and related issues. it is also my intention to take up legislation regarding increased defense spending, disaster relief, and other important matters. the shutdown should

>> that's right.uld it's gracious of you to share a few minutes of your time with us. because senator flake did come over here to explain a little bit of this. you described it as a shuttle diplomacy over the last few days, you lindsey graham, saying you'll side with the majority leader. >> the majority leader did two things, one he decide today move it up a week later. >> a week of the government funding. we want add shorter c.r., it will be on the 8th of february it runs out. two he agreed to move to an

immigration bill if we don't reach agreement by that time on daca and other related issues. >> you think that's a significant commitment. >> i do. before that i received an agreement on the tax bill on immigration. but it became conditional on the president supporting that proposal. we haven't seen the white house settle on any pro po sal so the senator wasn't going to move forward. and now, we're going to be the senate, move ahead and deal with the house and the white house. >> where do you think democrats are right now? is chuck schumer happy with this? is his caucus happy with this? >> i know they would have liked more of a commitment, something like a motion to proceed. >> essentially the senate floor would take a step in public before february 8th? >> yes. the problem is unless you finish the immigration bill before

february 8th, then when we have to deal with the next shutdown, february 8th, that kick it is bill off the senate calendar. and you can only bring it back -- >> so there are a lot of procedural hurdles there. >> yes, we want to start the immigration bill and finish the immigration bill. >> what does that mean for where schumer is now going to talk to members of his caucus, is it your sense they're going to be receptive to this? >> i think some will, and some remain reluctant. five democrats voted to keep the government open. >> you need seven more? >> i believe that's it. lindsey and i voted to have the shorter time frame, we're going to vote yes. we believe that this commitment is significant. and i hope we have enough so we can open the government back up. >> behind the scenes are democrats feeling the pressure? are they taking the blame for the shutdown that they're having trouble communicating?

>> i don't know. both sides are saying we're getting the better of that, but nobody wants to test it when it really matters, the first of the week. on the weekend, the effects are muted. but on monday they start to be felt. i don't know that anybody really wants to test that for any side to say that the other side is going to get the blame. i don't think they really know. >> do you know where the president is? has anybody talked to him about whether he could support going forward in this way? >> i don't know. we're saying regardless of where the president is, we're going to move ahead. we'd like to work out a deal with the president before the 8th, that would be best and put that deal on the senate floor. but if that can't happen we're not going to say we can't move. what we don't want to do with regard to daca is get to march 5th, where you have to jam some solution through -- >> at that point kids are losing their jobs, potentially losing their status. >> that's correct.

and then you'd have some legislative equivalent to daca, which would be constitutional but not any more certain for the kids, could they become citizens what happens with their parents. >> what would the house need? would they need the president to sign on? >> i think in order for the house to pass something, the president is going to have to sign on. i think if the senate passes legislation with 60 or 70 vote, it has to be 60 votes to pass the senate, i believe we can get more than that, i think then the president will say what he did in the famous meeting we had a couple weeks ago, i'll sign it, i'm flexible here. and i think if he gets behind it, the house can pass it as well. >> do you think stephen miller and john kelly will blow this up. >> i think there are certain members in the house and senate that won't go with it, i think

there are certain aides in the house that won't go along with this. what matters is whether the president is. that doesn't matter in terms of the senate process, but it does matter in terms of the house process. i think he'll find a way to do it. >> senator jefflake, thank you for running over here tonight. richard lui if you're still on the other side there, i'm going to toss it back to you. i know you and i share michigan, but i have to throw in a fly eagles fly, i missed it at the end of my hour. >> what a night, kassie, i appreciate it. host of kcdc. let's bring in garett hague, who's also covering the story for us. and jeff bill. >> i want to start with you garrett, what's your reflection, you were doing the play by play

as i was watching you on air the last two days. is this a step forward based on what you saw from mcconnell just within the last hour? >> it absolutely is a step forward. even the speech from mcconnell alone was a marked change in tone. every speech in the leadup to the shutdown has been to throw democrats under the bus and blame chuck schumer for the shutdown. this was the first time he has given democrats an off ramp, here's what i'm willing to do different to make it end. you would be encouraging this type of tactics used in the future. democrats could say we're going to who would for anything we don't like to get what we want going forward. they didn't sooe want to see a

substantive giveaway by the majority leader. instead you see mitch mcconnell saying, i will commit to dealing with these things on the floor of the senate, not to a specific bill, not to guarantee their passage. not to attach them to things. but to say i'm willing to let the senate be the senate and discuss the issues. the question that hangs before us now hangs before senate democrats. is that in and of itself good enough or between tonight and noon tomorrow or as far along as they want to take it, do they need the same thing from speaker ryan or president trump that he would support them. do they need the graham durbin be a bill they can sign on to.

that would be the possibility in the next 24 hours, tomorrow at 10:00 a.m. is a good spot to circle on your calendar. the democrats are going to meet and at the same time scheduled right now that bipartisan group of senators we've been watching over the last two days they're also going to meet to talk about this. if it's those six or seven votes that jeff flake was talking about they're coming off out that bipartisan meeting. i don't expect to see some of >> your math is spotless, my friend, despite staring at the camera. >> jeff to the you, you heard what was asked to senator flake, if if it comes down to the house, if the senate does move forward with what mitch mcconnell just described on the

floor about an hour ago, will it be a president donald trump that needs to get behind this before the house then signs off on what mitch mcconnell is suggesting sneer. >> it could be the case. the white house has been the wild card here for a while. you have democrats and some republicans, including majority leader mitch mcconnell, saying he didn't know what the president would agree to or what he would sign off on, and, of course, we know the president has his own hard line views on immigration and tonight a senior administration official tells -- nbc news that the president's chief of staff john kelly and stephen miller have worked to torpedo the immigration deal that chuck schumer thought he walked away with on friday with president trump. that's what we're waiting to see how receptive people in president trump's orbit might be

to the outline of this deal coming together. the president has been criticized for being a passive player in this. i can tell you, we're told president wanted to give senators time and space to hash out the deal. >> will the tuesday, thursday, donald trump show up and in this case will the monday donald trump be different than those other two. jeff on this very point, any indication in terms of response from the white house as you look over to the residence to your side, are the lights still on? >> hold on. from my advantage point i can't entirely tell. we're told the president has spent much of the day here at the white house monitoring the developments. but again we haven't seen him all weekend. apart from some photos the white house took and released to the press. we haven't seen him or heard him, besides getting a peek in his mind via twitter feed.

i'm sure we'll get tweets before the vote tomorrow. but the question is how much of a complicating factor is the president in the deal as it comes together. >> jeff and garrett thank you so much. we have many more questions and nuances to what will be happening in the next 24 hours -- or 14 hours. let's bring in john garmendi of california on the house side. you have been part of the discussions going back and forth as you look over to the other house, to the senate, what's your releks on what may have happened or what will happen in the next 14 hours. >> i think we're getting closer. there's a commitment to now finally get this issue of immigration, large and small, daca as well as the larger immigration issues on the floor of the senate. that's good.

i think they're going to need to go a little bit further. clearly there is going to be negotiated first in the senate. the big question i have is what can you get through the house? the house is a conservative operation. been trying to put together some folks on the house, some conservatives and some interested in the daca deal to try to talk early on about what is the art of the possible here. >> what is the art of the possible, sir? >> we're going to be see. there were three different plans that had been put together over the last several months. if you look at those plans and laythem out, you'll see there are opportunities. i think we can get there, i really do. we have to. the public needs to deal with it and we have to get the government funded. >> as it stands, representative, when you hear what mitch mcconnell is saying, similar to rand paul's suggestion earlier, let's put in writing we will discuss this issue of

immigration, daca as well as chain migration and other elements, the wall for instance, lay out a day by day or date by date schedule, in black and white, is that enough for the folks on the other side of the aisle for you. >> there's better than we had, but there's still a big question mark, where is the president on this? and he better be signing a document because he's been a fault line in the negotiation process. >> before this bill comes to pass here, and it hits the house, it is going to need donald trump, the president, coming down and saying i support this, and then maybe rank and file republicans in the house will sign off on it? >> i think it's going to be important. he said he'll take the heat. i think he's going to have to be a leader otherwise you have very conservative folks and people

heat odd this entire immigration over in the house of representatives, so that is a problem. but the senate should be very aware of the mistake the house made. the house republicans did not negotiate with the democrats at all on this continuing resolution. so it went over to the senate really without any democratic support. we don't need that coming back to the house. we've got to have an early discussion, make sure there's some signoff among some of the key players in the house of representatives. >> what are some of the discuss that happened in the last hour, what are some of the nuances going back and forth, either right to left or two respective parties in the house? >> i just really can't tell you that. i can kind of guess about what's going on. obviously there were 20 senators working together.

they're working on some detail that's critically important at the top leadership level. i think it's a matter of nailing down some of the details so there's absolute assurance there will be a vote and some clear outline oswhat will be in that. >> is this enough for you, sir? putting it now in schedule, would you vote for this? >> we don't know what it is, but i want this over. this is a very serious problem. in california we have people dieing because of the influenza. and at the same time we have the center for disease control shut down. we know there are some 40 clinics in california not operating. they'll be the ones as the flu hits my state. that's one of the many problems we have to get the government back operating. >> you're going to wait to get more detail, you cannot support it based on what you heard from mitch mcconnell so far, we're going to put it in the schedule february 8th, if we've not reached a solution we'll put it

in calendar. >> that's nice words. this is not going to start in the house of representatives, this is a senate action right now. if they get their act together and get some detail, even though it may not be the final version, i suspect there will be plenty of votes in the house of representatives, there were before. >> california representative thank you so much from california, democrat john germandi, i thank you for stopping by. >> my pleasure. we have more reaction to what happened an hour ago. bottom line, the 1:00 in the morning, the proposed vote for mitch mcconnell now pushed to tomorrow. that's what has changed if you're just joining us on msnbc, more reaction and what this might mean when we come back. ♪

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government shutdown just in the last hour we had a new development, that's mitch mcconnell, coming to the floor and now suggesting again a new option here, perhaps the democrats agreeing to it at the moment. the minority leader, chuck schumer, saying no, that is not what we want at this time. we'll have to wait until tomorrow. the 1:00 a.m. original vote that was to happen in the senate is now being moved to noon tomorrow. this will give about 14 hours of digestion on both sides. let's start with you, leann, give us what this wrinkle is. how big of a wrinkle is it and is it big enough for the democrats? >> well, i think that even

though the senate adjourned today with no finality, no outcome, the government is going to enter its third day of shutdown, i think there's still some progress being made. i think a lot of the reason that schumer objected to holding a vote tonight is he still needs to go talk to his fellow democrats to see if this proposal is okay and if this is enough for them and if they can squeeze out a little bit more from the majority leader between now and tomorrow, senate democrats are holding a conference tomorrow morning to discuss. i'm talking to a lot of senate democratic aides and they say they don't know exactly what is in the bill yet, or the proposal, this so called deal, so they're not willing to go along with it until they hear the details directly from their leader. >> michael, i laid out over the last 20 minutes or so how we originally had a calendar of what was going to be changed

because you were o'hare with kasie hunt for many an hour, were you surprised by mitch mcconnell and what he offered up? >> no. i think this may not yet been b the beginning of the end but it's certainly the beginning of the end for the shutdown. the sides are talking, they're making progress. they don't have an agreement yet the republicans are starting to come back on board, we'll have to see if the democrats come on board. but the agreement to push the deadline by a period of hours makes it seem as though we're not there yet but we could be reopening the government at noon tomorrow. >> part of the move potentially here is that we were facing hundreds of thousands of people waiting for that 1:00 a.m. vote, and we're talking about federal employees. some state employees potentially affected too because of pass through federal funded so they wanted to get it done earlier so folks could go to sleep.

as you look at the next step, noon tomorrow, what's going to happen between now and then. >> first i want to say i have a lot of federal employee friends texting me all night say be what's going to happen, do i go to work tomorrow? as of now they don't. what happens between now and then, i think they're going to go home and sleep, it's been a long weekend, a long week people are tired, eating a lot of bad food, but the senate democrats are going to gather tomorrow to see if this is something they can support. they're talking about daca and d.r.e.a.m.ers but there are other issues they want commitment on, opioid funding, disaster aid, puerto rico aid, stabilization for the insurance market. there's a host of issues that republicans and democrats haven't agreed on that are outstanding from the past year.

they're going to go and huddle and see if it's enough. we have to watch these red state democrats, this group of ten who are up for re-election in 2018 in states that trump won. these are the ones who are going to perhaps get this over the finish line while leaving room for more of the liberal senators to not have to vote for it. so it's this middle plank, these moderates that we have to watch. >> rule 7 democrats move to the other side of it. michael, who blinked in this back and forth, do you believe? >> i think democrats found they were not on as strong ground as they thought they were. this is a lesson republicans learned in 2013, there is overwhelming public support for dealing with the issue created by the d.r.e.a.m.ers, people want to help these folks who came here through no fault of their own. at the same time there's very little support for shutting down the government to get a

resolution on the issue. so we're going to go back to a continuation of the bipartisan talk on the immigration reform, spending bill, and the other issues that leann discussed. thank you for staying what is it, hour four in this latest version of our coverage on msnbc. cannot appreciate both of your perspectives that we've been able to enjoy throughout the evening. hopefully you'll be back in our next hour and a half as we'll be here looking at the reaction from across the country. we want to get straight to the issue after we take a short break. daca, and that has been the political football in this continuing resolution to either open the government again or keep it closed now for its third day. stick around.

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government shutdown now as we get closer to a day number three, but we've had a development, if you're just joining us here, at the bottom of the hour, in the last hour and 15 minutes, mitch mcconnell coming to the floor and offering a new scenario here. and this is that they would open the government until february 8th, at which time if the discussion on the issue of daca

was not resolved they would put it into calendar in regular order to discuss after that fact. the question is, all w all of that happening is that enough to reopen the government? for hundreds of thousands of employees not going to work tomorrow to go to work on day 4. as mitch mcconnell came to the floor and offered this up and you looked at chuck schumer's response because he came to the floor thereafter and said we're not going to vote on it an hour later from now, we have to wait till tomorrow. is it because there's an issue of trust here? will the democrats, schumer, as well as his caucus, will they follow along and go with mitch mcconnell here? >> it is an issue of trust and i thought it was pretty telling that senator schumer immediately rejected to having a vote in an hour after that, because it meant he needed to go back to his caucus and they needed time as a group to decide if they take the deal.

the question they have to ask themselves is do they trust mitch mcconnell to follow through on these couple promises he made in order to start debate on daca measures, security related measures before february 8th. i talked to senator flake earlier tonight he said one of the hiccups was whether they'll have to deal with government funding at the time, table a resolution and get back into immigration after that, which would take a lot of time and bring us closer and closer to the march 5th deadline. so these are things the democrats are going to have to consider when they decide to get on board with this tomorrow morning. >> from what you're able to see, you being there on the hill there, all we could see from our cameras, from the c-span supplied videos was the republican leaders on the right-hand side of our screen and mitch mcconnell going up and putting out what i was just

describing. how much outside of the republican leadership did he canvas before coming up to the microphone that you know of? >> well, we do know that he met with senator schumer off the senate floor earlier this evening for a short time, but also a group of around 22 senators from both parties met earlier in the afternoon to sort of draft what would be a proposal that republicans could take to their leader and democrats could take to their leader. i spoke with john cornyn, the number 2 republican in the senate, and he shot down a firm commitment on february 8th because it gives the democrats a political win and rewards them for shutting down the government. so it comes down if the democrats can trust mitch mcconnell, he doesn't have a good history of doing that. senator flake sported a bill and it was contingent on getting daca.

also senator susan collins got a promise last month about votes on affordable care act stabilization bills and they never came to fruition either. so mitch mcconnell's promises i think democrats have to decide whether they're going to trust them in the end. >> and will they be black and white in what they're voting on the c.r. they need 7 democrats, who do you think if it goes to vote? >> you have the moderate senators from red states up for reelection this year that are going to vote for any sort of continuing resolution, like the one they voted for a couple days ago. but you gearing to see more moderate senators get on board who are getting worried about what the democrats' end game is here.

i think a lot of folks are getting worried they might be getting the blame for the shutdown in the end. it's going to come down to whether they have the numbers in a small number of democrats to get them over that 60-vote threshold tomorrow is going to do it. >> andrew, thank you for stopping by and giving us your reporting there. speaking of who might, at least on the left, when we look at the senate, any democratic senator that may move over and support what mitch mcconnell has suggested an hour and 15 minutes ago. let's go to senator jeff merkley of oregon. you voted no initially. would you vote yes to this? >> i think it's doubtful right now because we haven't seen anything that puts any solid foundation under a pathway to pursue fairness and justice for our community members who had their legal status ripped out

from under them by president trump. >> you heard what senator mcconnell is suggesting. he's saying, i will put it, basically, on regular order here if we do not come to a solution by the february 8th, the end of the c.r., is that enough for you? >> no. no. it's sure not. there has to be a pathway that is nailed down much better, because mcconnell's version of regular order simply means he controls the place and he does what he wants. and he has preached about regular order and previously that meant he wouldn't lockup the amendment box so people would have a chance to do amendments, apart from reconciliation, we basically had no amendments throughout 2017 from the democrats. he's proceeded to just -- for example, shutdown our ability to have a bipartisan vote on keeping the government open for

three days during negotiations. he sealed the deal on the trump shutdown and then he blames democrats when he's the person who made the shutdown happen. so there's very little trust if the old saying goes your word is your bond, we haven't seen mcconnell ever stand up for his promises. >> that's what andrew was just saying. you know tomorrow is the day where hundreds of thousands of federal employees will not be going to work. this is where the rubber does hit the road for a majority of federal employees and some departments we're seeing 50 to 90% of those employees not going to work and being furloughed tomorrow. what do you say to some of those -- i was just reading the

san antonio express, for instance, not from your state but those who are reflecting saying, those are two different issues. why are we closing down the government -- we do care about daca as a citizen, as a resident of texas, but why are we putting those two issues together? that's what some americans are saying? >> i would say they should be very angry with the president. he bragged about want ago shutdown, he created the shutdown. he didn't intervene with mitch mcconnell when we put forward let's keep the government open, mitch mcconnell blocked that and you have to assume, therefore, that the president was behind blocking it as well. so they should be very upset with this president and this republican team which took these issues, including our community health centers, funding to take on the opioid epidemic, our c.h.i.p. program, thing that is should have been done before the end of the fiscal year in september, but the republicans said, no, it's too important to pursue a health bill that would destroy health care for 30 million americans and it's too important to have a tax bill to rip off the treasurer and give

money to the richest americans, so we won't bother governing on things like health care for our communities, our children and opioid treatment. and enough is enough. the republicans have shut the government down. they need -- they're in charge of everything. and they need to be held accountable for it. >> senator, as we look at some of the reactions so far in the headlines, and you see some of them. i know you're busy on an evening like this so we appreciate you stopping by. i'll go to politico, they are saying, one of the headlines, is that the republicans have been able to stay united in the messaging on this very shutdown. are democrats being able to also stay united? is the momentum now shifting towards the republicans saying it's a democratic problem? it's their fault? >> well, i can't say democrats

are very good on staying united on messaging. but the facts are the facts. the only person who's bragged about a shutdown is the president. the only person who said it's a cool thing is his director of office of management and the budget. the only person who insisted and sealed the deal was the republican head of the senate to refuse to allow what would have easily passed for a three-day continuing resolution if it came to a vote. so all i can say is i hope the american people are paying attention to who's in charge and causing this to happen and why. please understand the reason the republicans want to drive a wedge between this bill and the issue of addressing our community members who have had their legal status destroyed by the president is because they know that if a bill is passed in the senate, that it's standing alone -- there's no path for that to get to the house to the oval office.

so it's a very, very deeply cynical assault on our community members who are legal now, but are losing their legal status with nowhere to go, no other country, no other language, they're contributing members of our community and it's just a shameful terrible act by the republicans against our fellow legal residents. >> we'll see hopefully at some point what senator mcconnell is suggesting in that he will have a schedule to bring up all these related issues to immigration, daca, chain migration, et cetera. because like you were saying the devil is in the detail for both sides of this. when we remove that for a second and look at the political football, which this is. haven't the democrats gotten what they need for 2018, for june, july, august, post primaries, when the members have to go back to the house, they

did stand up for daca during the continuing resolution debate? >> well, you know, this isn't about positioning for the elections. this is about fair treatment of legal residents who are contributing to our communities. and if we can hammer out a path where there is a completely legitimate process on the senate floor, then fine, but if it is a promise that simply is mcconnell saying once more well, some day something will happen if i decide to make it happen, that simply doesn't buy it. he's broken too many of those commitments previously. and by the way, we need to have some strategy to say for this to be legitimate, it has to -- if it passes the senate, it has to get a vote in the house. we all remember 2013, bipartisan comprehensive immigration bill would have passed easily in the house, but the house leadership wouldn't bring it up.

>> senator jeff merkley of oregon, a democrat and saying no based on what you understand from what we've heard from mitch mcconnell, you will not support what mitch mcconnell was throwing out there on the floor about an hour and a half ago. thank you so much. i know it's getting late there and a lot of folks are running around on the hill. so thank you, sir. >> you're very welcome. we're going to take a short break. when we come back we'll dig into what are the nuances related to immigration policy, what are the recipients or d.r.e.a.m.ers, recipients of daca, what are they saying in reaction to what mitch mcconnell has just suggested? we'll get some recent reporting on that. stay with us.

thanks for staying with us here on msnbc as we cover the break news tonight at 10:47

eastern time. this is that mitch mcconnell has now a new deal that he's pushed out. we have been discussing the nuans of it all evening. the very topic at issue has been daca. let's bring in nbc news.com contributor raul raiz. and you see what the senator the majority leader suggested here. in this is not that the issue of daca recipients. 700,000 some odd. are now -- that's going to be extended. he did not say that. he's merely saying that now come up to february 8 if we have not hammered out an agreement between both sides we will then put in calendar, in regular order is what we're hearing, the very topic that are of concern. is that going to be enough? >> it really depends on when we're talking about being pragmatic or being theoretical. the way i describe where we are now instead of kicking the can down the road like both parties have around this issue.

they're kicking the can down the road a shorter distance. >> right. three weeks. >> because so much is going to depend on say, the parameters of any type of discussion. who even for example who is eligible for daca. because when we talk about daca or the d.r.e.a.m.ers, remember there's a difference. you have people brought here illegally as children. then you have the d.r.e.a.m.ers, who made the cutoff. and beneath that is the subset of the 800,000 people who applied for and were granted daca. people who are affected, people at the center of this, are wondering, would this include me? are they going to expand parameter. we were saying earlier the people say they are very concerned. they are concerned because on one hand they are so happy they're thrilled the democrats stood up for them. and responded and willing to go to bat over the shutdown. on the other hand they see the poll numbers. they know the 80% who support

them, they see the numbers from the cnn poll that says a majority of americans don't think it's worth shutting the government down over. and recognize that say the longer this goes off, that this could go on, the table could turn. and i was looking at some -- >> are they worried the tide will turn? that is pushed too far? and at least for now, the majority that supports them and their community might go the other way? >> yes. and one reason is, when you look at conservative media on fox news and radio, they are framing the question bluntly. they say why should we shut down the government for undocumented people? and when you put it that way for people who are not d.r.e.a.m.ers or do not have a personal connection to the issue, i think there's a lot of american who is might start waivering. one thing i believe is heartening for them is just over the last 24 hours, we've seen stephen miller as one who keeps

injecting poison pills and killing deals. >> lindsey graham intimated as much. >> the fact that republicans are saying it, gives them hope maybe he'll be edged out. because he has a long history of an immigration hard liner. now he's he has a on the inner circle. >> i'm looking at chuck todd's reporting today. he was laying out why this community is going to be so important in 2018. it's been said before but especially now with all the other from the trump administration built up to today. we have the women's march that happened this weekend, for two days. now a second year in a row. when you lock at the number of districts, 52 for instance. gop districts. have 17.8% more latino american voters in them. he said 21% or more have latino voters.

it may not poll. but when it comes to pulling the lever, it may energize them. >> a lot of activists like to say they are hopeful very hopeful that 2018 we'll see record turnout by latinos in the election. and typically they underperform in the off presidential years. that is all theoretical. between now and when we get to 1:00 tomorrow. noon tomorrow. there will be a lot of back and forth in seeing what they can nail down in terms of what the agreement might look like. who will be involved. it's remarkable to me that in a sense they're cutting the president out. they said, congress will deal with it and just send it to the president. that's bizarre to me they're speaking that way. >> senator tom cotton said that on meet the press today. thank you so much. always great to have you in the house. to reflect on the issues. appreciate it. we'll take a short break. stick with us.

the senate has adjourned for the night on this sunday. as they try to end the shutdown, but we are not adjourning. we have more on the reaction here as mitch mcconnell offered a new deal, shall we say. a little bit of a wrinkle compared to what was on the floor before. stay with us here on msnbc, a short break and we'll be right back. we use our phones and computers the same way these days.

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so all you pay for is data. choose by the gig or unlimited. and ask how to get a $150 prepaid card when you buy a new lg x charge. it's a new kind of network designed to save you money. call, visit, or go to xfinitymobile.com a very good sunday evening to you. i'm richard lui at msnbc headquarters. here at new york city it's 11:00 on the east coast. we're now 47 hours into a government shutdown. and tonight, after the senate adjourned not too long ago, no deal but the vote slated for noon, not 1:00 a.m., it could determine whether this government shutdown will end in a three-week funding bill.

>> i am happy to continue my discussion with the majority leader.

we have yet to reach an agreement on the path forward that would be acceptable to both sides. >> still after the announcement, john cornyn, the second highest ranking republican, telling reporters he was optimistic about the vote. >> let's bring in garrett and jeff. now a little vision on what might happen, who might jump on the democratic side to support this idea coming from mitch mcconnell? >> reporter: just the more i listen to the mitch mcconnell sound bite, the more i think republicans think they have a chance to win this here without giving up that much. they say the outline of the agreement is if they can't come

up with a deal on daca and the border, which is something they were working on already, by february 8th, and if the government says hope, they'll work on it in the future. they'll work with it later, if the democrats agree to reopen the government tomorrow and keep it open the next time it comes up. that's not a big concession from the majority leader but may be enough to get the votes to reopen the government tomorrow at noon. we know two of the republicans who voted for the shutdown, lindsey graham and jeff flake, said this is good enough for them, they're going to trust the leader from their party that these issues will be addressed. that means we're looking for six or seven democrats to join them. the people we're keeping an eye on will be folks in red states, folks from virginia, for example, who have lots of

federal employees in their state. really the moderate core of the democratic party, folk that is aren't running for president in 2020 and aren't thinking about it. and don't feel as caught up in the base anger here and the base distrust of president trump. and richard, i think that's what this is going to come down to tomorrow is a question of trust. do democrats, are they willing to trust mitch mcconnell will keep his word to deal with these issues in a forthright way, and do they trust that donald trump won't blow this up. that's part of the reason you didn't see a vote on it tonight. this is going to marinate overnight, get chewed on by cable news, be in the morning papers and it will be fascinating to see before these guys reconvene, whether the president himself weighs in one way or the other. all of those are factors that will come into play between now and when this vote happens at noon. this vote is not the be all end all, but it's probably the first

honest chance to reopen the government since the shutdown midnight friday. >> as you've been saying in the last reporting, it's the beginning of the end. someone is now coming up with a potential solution -- >> well -- >> you may not have said that, but that is one of the sentiments here.

starting at 10:00, if not before. what's the word you're hearing in terms of what conversations will be happening there on the left? >> you know, richard, it's funny. i was listening to your interview with jeff markly earlier. i think you got the flavor here. he's somebody i don't expect would vote for this deal, on the liberal side of the party who the doesn't trust president trump or mitch mcconnell to be willing to make this deal. the democrats and republicans are each going to meet separately on this. we talked about the two republicans who previously voted against. there were actually four republicans who voted against the first bill, rand paul and mike lee. i don't see them supporting this either. they don't support these short-term spending bills as a matter of principle. on the democratic side, it's a

tough decision for kaine and warner, both new hampshire senators, for example, have been involved in bipartisan discussions. i think they're people who are likely to be potentially convinced to vote yes for this agreement. then it's a question of who else you can find, michael bennett from colorado is someone heavily involved in the immigration discussions. but also one of the more liberal members in the body, can he overcome his objections and his mistrust of these republicans to vote for something that might get them what they want. there's a lot of soul searching going to be going on tonight and tomorrow morning in the closed door meetings. this is history in the making. we'll see what tone could be set for the agreement if in fact a deal can be reached that the president doesn't blow up. >> these late night conversations happening remind me of the fiscal cliff and it's getting what appears to be a

similar or a hue thereof that energy that existed in the 2013. jeff, talking about soul searching, the president here and what he may do in the next now 13 hours, relevant to the vote that will be happening in the senate and again our political group, kasie hunt saying from what they're hearing from multiple sources and interviews so far tonight, early on is that the president not play aga role in this so far. of course, what he says via twitter could swing things either way. >> yeah, the president has not taken a leading role in the negotiations, at least today. he has seen to watch this play out from his third floor perch here at the white house. i think garrett's analysis was spot on per usual in talking about the erosion of trust between the president, democrats certainly, but even among some republicans. and so beyond this vote tomorrow

this procedural vote tomorrow at noon, as this deal comes together and as it plays out especially as it relates to the border wall. in talking with people close to the president about this issue of the border wall. they say sort of the same version of the same version of the sail thing. that the president doesn't want to be seen as seeding ground on this issue. this is the issue on which he thinks his base will not forgive him if they think he's giving over the shop to the democrats on this issue. the first pillar of his national security approach. call and response at many points during the campaign. on this particular issue, of course it colors his hard line immigration views. it's also the issue that we hear that steven miller his senior policy advisor and of course john kelly also share a similar

view. and also are coloring the president's opinion on this. >> one of the questions here, is if he does get -- sorry. jeff. if he gets behind this. >> i was distracted. there was an alarm in the background. >> we have distractions this evening. if the president does get behind this version from mitch mcconnell or something similar to it, does this give him the win that he may want? the fig leaf people use that is needed here so it does appear like the president did come out a winner on this? >> it's certainly an off ramp. and a quick off ramp from this shut down debacle. it's not clear who wins. we saw the political messaging from the democrats saying republicans are trying to put children against children. children receiving the children health insurance program vs. the children benefitting from daca. and saying democrats were putting the interest of illegal

immigrants, dreamers, above those of american citizens and american service members. and so this deal in air quotes. because we have to be clear it's not a deal yet. >> scenario. >> it does give the president enough cover and frankly it gives republicans enough cover. and democrats for that matter to move forward. >> great to have both of you here tonight. jeff at the white house and on the hill. as we watch what's happening. thank you both so much. let's bring in our panel. national political reporter. capitol hill reporter for buzz feed. a former spokesman for ted cruise. thank you for being with us. i'll start with you on this, is this going to be enough. you were talking about it looks like it's a mechanics of ten potential democrats senators

that could potentially move over and support what mitch mcconnell is proposing on the floor tomorrow. what are you hearing? >> pretty much it's all of course moving parts at this point. certainly what i'm hearing is the if does happen, it would be moderate sort of dems in red states. and some who aren't. who don't have aspiration for the 2020 election. really, what i have been hearing the most is going back to what jeff said earlier. in the segment. which is it's a question of trust. the whole thing started with trump essentially blowing up a bipartisan deal agreement that both sides came to on daca and funding of the government. you have the situation with senator mcconnell in the last year he said i'll work with democrats on healthcare, and then doing the senate rules to make it only 50 plus one to pass bills.

same with the tax plan. it's a situation of trust. we have been doing these crs up to this point. and everything was supposed to be taken care of on march 5. in the meantime chip expired. and it's like all right, i don't really think a will the of democrats want to charge for the football if mcconnell or trump is going to yank it away again. some republicans feel like that on the same side. but in relation to what the president is going to do. like mitch mcconnell. >> ron, is there that trust deficit that has been described to us in the last 45 minutes regarding what mitch mcconnell and his scenario is at this moment. will that deficit be too much? will lindsey graham, jeff flake be enough to convince enough democrats to make this happen. >> i don't think the fundamental nature of washington will change today.

i want to know who the genius was on the democratic side who decided they wanted to marry the issue of daca to the american shut down. and particularly after the democrats have been focusing for the last year on the fact that the russians have been out there troying to destabilize american democracy and government. the entire world is watching us. the worlds greatest democracy is shut down and can't get the doors open. that feeds into the narrative putin got what he wanted. is promote as much dysfunction as possible. the fundamental nature of this issue will not change. other than the fact that now thanks to durbin who has done a great service to republicans. who said this is all about daca. and taken that issue and married it up to a very unpopular government shut down. there's only so far the democrats will be able to drag this out before putting up the votes in order to reopen the

government and restore some manner of functionality. and the leader mcconnell said they'll bring up the issues for a vote. and the legislative order should proceed. >> polling thot god for republicans as of now. on what americans are thinking. regarding who's at fault here. we'll see how it resonates in some of the decisions that will be made. by other republicans for who voted against the previous continuing resolution. i want to get to you on what you're hearing exact will there. at the white house. it's interesting because as we're looking at the initial interviews and sourcing at the moment, that is that the president is not part of this. so far. and there maybe concern that if he were to engage the twitter or otherwise, it may throw off the very delicate balance that maybe there right now. on this deal. >> that's exactly right. we have seen the deal maker.

he wrote a book called the art of the deal. and hasn't been involved at all really in these discussions. and white house aids have tried to keep it that way. they don't want tweets from him. they don't want to put him in a room with lawmakers where he promises things that eventually fall apair. they feel like they're in a good position. republicans feel like they can get away with this without con seeding too much. keep trump where he is and get democrats to give in. they feel leek they're the winners here. everyone though there's polling out there that shows that the public will blame republicans since they do control all aspects of government. they will get the blame for this. trump feels like he's in a good position and won't do anything as of this point. but we know those morning tweets can come at any time. so any of this could change by 6:00 a.m. or 7:00 a.m. tomorrow. when the president feels like he

needs to weigh in. so we have we're about a quarter of the way to a deal right now. but any of that could blow up by tomorrow morning. >> that's why we do like to ask our white house correspondent. are the lights on? so we can understand whether we might hear something or not. something that the two reporters and correspondents know very well. it appears the lights are dim at the moment. we took that shot. daniel, which way is the wind blowing right now? who may have blinked here? >> right now it looks like democrats may have blinked. they had they were pushing for the shut down. they really wanted to draw a line in the sand. they were not fwoing to have to choose between chip and daca. the fact there's a preliminary sense of maybe a deal, maybe seems like on the surface that democrats may have called

chicken first in this. at the same time we don't really have a deal. we don't know how many democrats are really willing to come to the table. and a lot of these moderate democrats are ones that are kind of looking or have been posturing as liberal democrats and want to run for president in 2020 or want to make that kind of noise. i'm having trouble sort of figuring out right now the math that could really sway a deal unless democrats are really happy with whatever comes out tomorrow at noon. >> political team, agreeing with you on that. it will be a tight one tomorrow on the vote. standby. we'll have more. we'll take a short break. and we'll get back to you later in the hour. if the resolution we're talking about to end the shut down does make it through tomorrow at noon in 13 hours, it's got to get the approval of the house. coming up next, reaction from one of the most influential republican voices in the chamber.

this is live coverage of the government shutdown continues.

with the new mitch mcconnell scenario laid out in the last two hours, we're watching carefully will he get the support from his side of the aisle. will there be enough republican numbers to fwet to a yes. including the democrats as well. msnbc casey hunt catching up with jeff flake. who said he and lindsey graham

will vote yes to reopen the government based on that deal. >> you have told me, shuttle diplomacy. you'll side with the majority leader. what does this mean? >> the majority leader did two things. he agreed to move the date up. so it's a week sooner. >> a weak week of the government funding. >> we want to have a shorter cr. he agreed to that. the eighth of february. two, he agreed to move to an immigration bill. if we don't reach agreement by that time on daca and other immigration related issues. >> you think that's a significant commitment? >> i do. before this time i received a type of commitment on the tax bill to move to immigration. it was always conditional on or became conditional on the president's supporting that proposal. and we just haven't seen the white house settle on any proposal. so the majority leader wasn't going to move forward.

this he says we're regardless of what the white house will say, we'll be the senate. we'll move ahead. and we'll deal with the house and the white house. >> where do you think democrats are right now? is chuck schumer happy with this? >> they would have liked more of a commitment. a motion to proceed to a bill. >> a vote on a bill essentially the senate floor would take a procedural step in public before february 8. >> yes the problem with that unless you finish the immigration bill before february 8, when we have to deal with the next shut down, february 8. that kicks the bill off the senate calendar. and you can only bring it back -- if you have consent. we want to be able to start the immigration bill and finish the bill. that will give us time. >> what does that mean for where schumer is going to talk to members of his caucus. had they be receptive to this is the government will reopen tomorrow?

>> some will. some will remain reluctant. >> you need seven more? >> i believe that's the number. we voted to actually have the shorter time frame. we'll vote yes. we believe this commitment is significant. and i hope that we have enough so we can open the government back up. >> behind the scenes are democrats feeling the pressure? are they taking the blame for the shut down in a way they're having trouble communicating? >> i don't know. the shut down politics both sides have been saying we're getting the better of that. nobody wants to test it when it matters. of the first of the week. on a weekend the affects are muted. on monday they start to be felt. i don't know anybody really wants to test that. for any side to say that the other side is going to get the blame. i don't think they sgloe do you know where the president is?

has anybody talked to him about supporting going forward in this way? >> the importance is regardless of where the president is, we'll move ahead. we'd like to work out a deal with the president before the eighth. that would be best. and put the deal on the senate floor. if that can't happen, we're not going to say we can't move. we don't the to get to march 5 and jam a solution through. >> kids are losing jobs and status. >> that's correct. you have some legislative equal to daca. which could be constitutional. but not anymore certain for the kids. another several months or year or two with this status without knowing if they can ever become citizens. what happens to their parents and other things. >> if the senate is able to pass immigration bill, is there guarantee it can pass in the house? what do they need? the president to seen on?

>> in order to pass something the president needs to sign on. if the senate passes legislation with 60 or 70 votes. it has to be 60 to pass. i belief we can get more than that. i think the president will say what he did in that famous meeting that we had a couple weeks ago, i'll sign it. i'm flexible here. and i do think if he gets behind it the house can pass it as well. >> do you think steven miller and john kelly will blow this up before noon tomorrow? >> there are certain members that will never go for this. certain aids goent along with this. what matters is where the president is. and if, that doesn't matter in terms of senate process. it matters in terms of the house process. i think he'll find a wa i to go along with it. >> there with is that right flake. who also took to the floor a couple hours ago. in the middle of the fwovt shut down finger pointing an ad was

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okay so what we know right

now, tomorrow at noon a vote in the senate. that's tomorrow again. this could be the beginning of the end for the government shutdown. some are saying. at least for now. tempers were high between republicans and democrats this weekend. those who are talking with each other. and the trump campaign turned up the heat with a controversial ad. here's a part of that. >> that's illegal immigrant, charged with murdering two police officers. it's pure evil. president trump is right. build the wall. deport criminals. stop illegal immigration now. democrats who stand in our way will be complicent in every murder committed by illegal immigrants. >> back with us our panel. thank you all five for being with us. what do you make of this ad? those are critical of it saying it's a conflation at the wrong time.

>> so this is a strong ad. i don't think it's anymore accurates when democrats claim republicans are trying to kill people by pushing a repeal of obamacare. there's a criminal aspect of the issue that too many democrats have not be strong to pay attention to and not taken seriously. i live in a border county. the same net works that bring el lisle immigrants into the country bring in drugs and engage in human trafficking and bring money and guns into mexico. that's clear that's happening. a border wall like what the president and my old boss have been pushing for especially in california and arizona. will help to mitigate that. and clamp down. this has been over looked in terms of the sanctuary city issue and the like. the people who are most victimized by the criminal gangs operating out of the mexico is the immigrant community

themselves. so they stand to benefit. as do the border communities in northern mexico. who have been ravaged by the criminal -- >> you think this is a good ad to have at this time? what y saying. it's a good time for the ad to come out based on the debate in the middle of a shut down? >> that's a decision when the president's people made and decided that's the case. i certainly think the issue is legitimate. the wording is tough. like the democrats wording has been tough in accusing republicans of trying to kill people with repealing obamacare. politics. >> it's not accurate. you agree with that. we look at that again. first of all the claims are incorrect. number two. by the breath and depth of that it seems to be. number two. you heard my questioning and discussion about the conflation. the conflation. we're talking about daca recipients. this is not that group. >> right. one thing i want to set

straight. specifically with regard to the ad. he hasn't been convicted of anything. he has pleaded not guilty. his public defender says that they trying for a defense by i think it's insanity. so if you believe this is supposed to be a law and order type ad. if you believe in presumption of innocence. that casting it aside. he hasn't convicted of anything and released. he hasn't even been gone through the judicial process. what this shows is that the trump administration is pushing this narrative as you suggested. really at an opportunity time of not only daca recipients with all undocumented people. but also the broader myth linking undocumented people to violent crime. there's many studies from non-partisan groups and groups on the left. and conservative groups saying that that is exactly a myth. you can't say that someone is anymore representative of all

undocumented people than say bernie represents all stockbrokers. >> non-partisan reports that show the immigrant communities are safer. whether that is comes out to pass we don't know. that's the portrait. your reaction? >> pretty much the same. that this is was a conflation. it was not necessary. it was not needed at a time like this. we're talking about daca. young people who are brought through no fault of their own. and have been law-abiding citizens contributing to the communities. starting businesses and going to college. doing all things most americans do. all americans do in some aspect of daily life. to have an ad about con flating the idea of immigrants coming across the border into the country basically murders. is not helping the situation in any way, shape or form. >> i want to move onto another topic.

that happened over the weekend. and coming back to what happened today. based on where we are on the shut down. the third day here. i want to get the sense of what you're hearing. and the question is, was saying will the president still go to and can he go there with the over hang of a shut down not being solved? >> we're hearing the latest is there could be news on that tomorrow. depending on this vote that is supposed to happen at noon. the president could decide that he can't go to if the shut down continues. if there is a deal and if senate democrats and republicans are able to come up with something, sp vote for it. and president can sign it into law. the trip could be good. we think that there could be

news coming out on that tomorrow. >> some $30 billion a week. that coup affected here. based on that economic argument, as we look forward to tomorrow, we'll have a full day of trading. based on now as we look at three days of a shut down. have we heard what some of the reactions might be to not only what will happen in the market but therefore all the companies that are involved in this space? >> no, but look this is one of the things that white houses are always cognizant of in the event of a shut down. how the markets play. how negotiations affect the stock trading. and that's one thing that we'll see. it's promising for the white house. that there is a preliminary deal or we have moved away from the we're not talking to the other side phase of the shut down. to we're talking, we're having some kind of deal or frame work of a deal happening.

i think we're going -- that we can see a sigh of relief from the white house tomorrow on that. >> the markets. again over 26,000. that's the end of the week. on that friday. tomorrow. we will see how the markets react. it may have been built in. but of course when you have hundreds of thousands of federal employees not working and then you have other businesses. fortune 500 looking at this topic of how it might effect the gdp. there are a will the of ripples. maybe none at all. we have to wait until the markets and the bell has rung tomorrow. thank you all for being here. thank you for joining us on this late sunday evening. can't thank you enough. coming up if it passes the senate it's on to the house for resolution. we'll get reaction from one of the key figures in the house fight. straight ahead.

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welcome back on this sunday late evening. there's renewed optimism this

hour the senate inches forward to reopening the government. potentially. any deal in the house will need the support of congressman mark meadows. chairman of the conservative freedom caucus. >> we had a conversation not just about immigration, but by the very nature of our conversation it was really about what had happened actually 24 hours before what you just out lined. i can tell you this president was fully engaged. there were a number of things i wanted in this continuing resolution. president called twice to ask that i stand down. and said what we want to do is maek sure we keep the funding about the funding of the government. not have other issues on the table. and we did. we obviously passed it in the house and moved it forward. >> he called to say the house needs to get this done, don't stand in the way.

>> schumer did a press conference saying we have major disagreements outside the white house. it's his own word. you don't have to lock at the president's words. senator schumer is there. we have very serious senators over there. but not making serious offers. and really what we're talking about right now is immigration. but that's not in the continuing resolution. this is about funding our government. has nothing to do with the immigration. and yet we're going to hold the military men and women hostage to get a deal. that really the president is already -- >> where is the president in this? >> the president has been clear. >> clear on what? >> let's clear it up. he said what he wants is border security. and. >> schumer said you can have your wall. >> according to to schumer it's a seven year deal. of $20 billion. when you look at a 7 year dole, senator can't even give that.

you can't bind one congress to the next on appropriation that takes on an annual process. >> schumer was in there saying we'll pay for the wall over seven years. you may not be in office. >> a down payment is not the wall. that is one-third of what this president has asked for. he asked for an end to chain migration. end to the diversity lottery. in exchange for dealing with these individuals who have deferred status. and making sure they don't get deported. he's told me a number of times he wants a deal. e told me that is recent as the last 48 hours. he wants a deal. and yet we somehow have a press event. he calls the president a liar. when indeed that's not the factual basis of what took place. >> what transpired behind the scenes -- administration

officials telling nbc news tonight that trump and shumers conversation on friday was derailedly john kelly and steven hiller who share a hard line stance on immigration? >> that's not my understanding. anyone who suggests this president can be manipulated by hids chief of staff doesn't know this president in a real way. >> why did people come out with two different accounts? >> senator schumer has an agenda. to play to his base which he thinks this is a winning issue. if we want to be factual you have covered stuff here for a long time. why didn't schumer when they had the majority a 60 vote majority, and in the house why didn't they solve this? he wants it for -- >> it wasn't a problem initially. daca.

the president created -- sure the senate passed a immigration bill and died in the house. because. >> let me be clear. you're saying obama made it an issue by giving deferred action? >> president obama by exec aif action. the democrats didn't have 60 votes in the senate. the president revoked it. now we're here. if republicans are saying you want to fix that -- >> we do. president obama made it an issue. when he did the executive order. and this president says we're going to give you a period of time to debate it in congress. that period of time ends on march 5. will there be a debate in the senate without a doubt. will there be a debate on the house floor? without a doubt. those normal time frames are what this president out lined. and yet, to suggest that immigration hasn't been an issue is recent as a decade ago, you're not making that suggestion. i'm not making it. why didn't they solve a prb of illegal immigration some of the issues we're dealing with when they had control?

now they want to use it as a political wedge and hold our government hostage. >> all right. my colleague casey hunt there. with mark meadows. the chairman of the conservative freedom caucus. you can tell the complexities tomorrow will be with the house. the senate has its vote at noon or their scenario. have the pence using a visit to u.s. troops over seas to bash his political rivals. did he go too far? we'll talk to military analyst.

despite bipartisan support for a budget resolution, a minority in the senate has decided to play politics with military pay. you deserve better. we're going to demand they reopen the government. we're not going to reopen negotiations on illegal immigration until they reopen the government and give you and your family the benefits and wages you've earned. >> that was vice president mike pence earlier today with extraordinary comments to men and women in uniform in jordan.

joining me now colonel jack jacobs. when we look at times we've had threats of shutdown, is it an individual saying politically charged comments in a situation like that, is that surprising to you? have you seen it before? >> it's unusual. i've been through, when i was on active duty, government shutdowns and listened to speeches but they've never been juxtaposed like that. so it's not particularly helpful for the vice president to make comments like that in front of the troops serving. >> it makes it no doubt difficult for those in attendance, some of which may come from the communities he's eluding to, those who are daca

recipients, those who are first generation or newcomers that are serving our military. discuss that and how the topic of immigration in the military is discussed. >> it's not discussed very much. it's interesting when you're in a military unit, whether you're deployed and in combat or not, back in the states or some other place that's not deployed, and you're conducting the normal business of defending the united states, the question of where somebody comes from doesn't come up. everybody is in it together. and one of the things you learn when you're in the military is, to, quote, benjamin franklin, we either hang together or separately. so that doesn't come up. >> you said immigration is not often discussed in the military. but for those who are from those communities, how do they discuss it then?

>> separately, when people feel at risk it's discussed frequently within the confines of their baracks or when they're out together. but as part of a military operation, don't forget that every organization is led by officers and noncommissioned officers who make sure there's cohesion no matter what the difficulty is politically. it's extremely unusual, richard, to hear that thing from an elected official. >> from the office of the vice president, in this case. always great to see you, colonel. have a great sunday night. we'll be right back with continued coverage of the potential deal to end the shutdown. stay with msnbc for that. impasd

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