white house after 9/11 and the fbi worked 24 hours a day under robert mueller rule to prevent another terror attack and the question wasn't whether we would be attacked, it was when. what do you think watching the president. >> the damage to the institutions is long lasting. they've done so much to delegitimize them and we talk about the strength of our institutions and the institutions that are designed to keep us safe, they are under attack from this president. >> and those are our guard rails. all right. my thanks to charlie psychs and that does it for us. "mtp daily" starts right now. >> hi, nicolle. >> i saw you last night at 11:30. >> near my house there is a guard rail that goes out all of the time and we always put it back. >> see. >> i say that to myself every morning when i drive in, we could put the guard rail back. >> the president doesn't want to keep your guard rail going. >> but i could put it back in i

want to. >> i will meet you there. >> i will build that guard rail. if it is wednesday, the fight between the white house, the fbi and the department of justice is escalating. tonight, breaking all of the norms. the fbi makes its concerns public to keep the nunes memo from going public. but the white house seems ready to release it and nunes is firing back too. plus, the democrats dilemma. >> so let's come together, set politics aside, and finally get the job done. >> could they pay a hefty political price for working with president trump on immigration? >> our country will be judged by the promises we keep. >> and the amtrak accident. a train with top republican lawmakers on board collides with a dump truck. >> we're going at a good clip and it was a hard impact.

>> we'll have a report from the scene. this is "mtp daily" and it starts right now. ♪ ♪ good evening and welcome to "mtp daily." i'm chuck todd right here in washington. republican members of congress have just arrived by bus to the retreat in west virginia. after the bit of a harrowing day. the train they -- they were riding crashed into a garbage truck today. the driver of the truck was unfortunately killed. no one on the train was seriously injured. although some people were treated for minor injuries. we'll bring you the latest on the crash this hour but first there is an escalating and public feud happening right now between the fbi and the department of justice and the white house. over that memo. that supposed secret memo spearheaded by the house intelligence chitty chairman devin nunes, the president said he wants the memo release and john kelly said it will be

released, quote, quickly. but the fbi apparently is so concerned about the consequences of this memo going public that they took their concern public. in a rare statement the fbi is calling the memo not just inaccurate and misleading, but they are saying this -- they have grave concerns about material omissions of fact that fundamentally impact the memo's accuracy. it is another way of saying they think the memo is a bunch of you know what. nunes mocked the complaint in his own statement saying this, quote, having stone walls congress's demands for information for nearly a year, it is no surprise to see the fbi and d.o.j. issue spearus objections to allowing the american people see information related to abuses at this agencies, and devin nun he is claims he's been investigating the fbi and d.o.j. for months now. so we know the day-to-day developments in the russia probe could be overwhelming to follow and keep track of it and this memo which we still haven't even

seen, we think we know what is in it or the subject of it but we're not 100% sure and all of it -- it has its own complicated side story but legal experts tell my colleague delanian that all of the actions by this justice department are not formal. it is not normal to publicly object to the white house release of a it is not normal to give congress these kinds of sensitive classified documents in the first place. it is not normal for the house intel chair to refuse to share the information with his counter part on the senate intel committee. this is a fellow republican. and it is not normal for the house intel committee to vote to make classified information public. it is also not normal for the fbi and d.o.j. to be excluded from the declassification process and not normal for the public to see the kind of material we believe is in the memo. when edward snowden leaked

similar documents, many people in government called him a traitor and he is on the run from the u.s. government ever since. that is how highly sensitive many people believe the sources and methods are to this memo that was used to make this memo. joining me is ben whitis, editor of la fair and an msnbc legal analyst. ben, i know you've been following this as closely as anybody. and frankly the last half hour we've been reading excerpts of what is a just released transcript of the house intel committee essentially debating amongst themselves this memo questioning devin nun he es and of the revelations is that he claims he's been investigating the d.o.j. and fbi for months. how news-y is that. >> we knew that nunes was concerned about the so-called unmasking issue months and months ago. and that is what led to his

bizarre escapade with the white house. so i'm not sure there is something terribly new about that in and of itself. what is i think dramatic about today's events is that the chairman of the house intelligence committee with the active support and involvement of the president of the united states, is committed to releasing to the public a document that the fbi says has grave concerns contains sufficient omissions of fact as to be effectively a lie and that justice department describes as the release of as -- as an extraordinarily reckless act. and so i cannot think of a prior incident in which a president over the committed positions of both the fbi and the justice department more generally has

released a document to the public that doesn't appear to be true. >> now, look, i think it is clear this document is going public and it is probably going public in the next 24 hours. why do i say that? you had people warn the president not to fire comey and he did and you had people warn the president not to -- not to -- what was most recent -- i wanted to fire mueller and people had to threaten to quit in order to get him to do that. you've had plenty of people trying to get him not to get jeff sessions -- not to recuse himself. so we know he's more than willing to flout warnings from d.o.j. and the fbi. so what is the fallout now when the president essentially agree to make this public? >> so i agree with you that the question is when, not if. and there is a additional reason which you didn't mention is that the president thinks it will be good for him by discrediting somehow the supposed origins of

the russia investigation and the mueller investigation. and you know, he -- he wants to get out information that will -- that will cast the investigation somehow in a negative light. so i agree with you. he will release it. look, it has serious consequences across a number of axis. first, the concern is about what the specific information is in this document that may have national security consequences. information about the fisa process is classified for an extremely good reason. both civil liberties reasons and national security reasons. but secondly, there is another issue here, which is that the entire intelligence oversight system with respect to congress is built on trust between the intelligence community and the overseers and what devin nunes

is doing here is shattering that trust and it is going to do amazing long-term damage to the willingness of the intelligence community to cooperate with what we have all come to expect in the way of congressional over site. i. >> i want to show you another excerpt, the transcript of the closed door meeting about whether to release this memo. democratic congress mike quigley addressed nun he is and asked him, was any of this done -- referring to the memo, after or during conversations or consultations with anyone in the white house. did they have any idea you were doing this? did they talk about doing this with you. did they suggest it? did you tugt it to them. did you consult in deciding how to go forward with this, before and during and after this point right now. and his answer is, i would just answer as far as i know, no. i sort of wish mike quigley would have separated out those questions and asked them one at a time. because it isn't clear here.

but the implication is that the white house may have been working with nunes. he got caught once working with the white house. on the unmasking issue. is there anything that the house can do that would sort of block nunes by questioning he was working with another branch of government on this? >> if the president and the chairman want this document to be released, it is going to be released. and i do think that the question of to what extent devin nunes is an in dependent actor here and to what extent he's working with the white house is a legitimate one and an interesting one. but i don't know the answer to it. and i -- i don't want to speculate about it. other thap to say that i do think the question and it is becoming public because nunes

set this in motion and the president wants it to and the remedy is political, to talk about the damage they are doing by doing this. to hold their feet to the fire. >> one last question. is this something you would advise the fbi director to threaten resignation over. the reason i ask that, the only thing that does get the president's attention is the threatened resignations. >> so i do not know what is in the document. and so how -- so without knowing that, it is hard to know whether the fbi's position should be over our dead, which means resigned bodies or whether it is something that you raise a strong occasion to and then the president does and you go on with your job. i -- the thing that i feel very strongly about is that the other

three members of the intelligence committee leadership, that is chairman richard bur on the senate side, mark warner, the ranking member on the senate side and adam schiff, the ranking member on the house side should jointly issue a statement saying what they think to the excetent theyo not approve of or agree why or believe in the factual integrity of this memo. >> ben wittes, i will leave it there and an nbc and msnbc political analyst. thank you. >> thank you. and bringing in tonight's panelist, at the white house post, michael steele, former chairman of the rnc and ann geren from the washington post. i'll start with you, ann, your beat today, the white house -- john kelly saying this is coming out quickly and then the white house claiming, oh, no, was john kelly ahead of the white house. >> i think he's saying exactly what the -- what the president

wants -- he is projecting what the president wants to have happen. we saw the president as he was leaving the chamber last night get door stopped by a republican senator who asked him about the memo and the president's answer is 100% it will be released. sarah sanders tried to walk that back a little bit. suggesting that there is still a number of steps in the process to go and they won't do anything rashly and so forth and then a few hours after that, john kelly said, yep, good to go. >> michael, i don't understand, before the last year, devin nunes' reputation was not one of somebody that went off the deep end like this. and would just sort of flout all of these -- that was not his rep. you tell me dana roll backer is doing this, okay. why is -- do you think he's willing to essentially destroy the enteg rit -- the integrity

of the intel world. he could blame the other side -- but this will destroy trust probably for -- >> they need this fbi and this department of justice some day. and they're going to get a lot of crickets coming thur way. but to your point, there seems to be this mindset maybe in a mind meld with some of the members that are so protective or want to be so protective and defensive of this president to give him -- give him a chance. everybody has been coming at him and they underestimated him and et cetera. that is part of it. there is also of this conservative pulse with the base. tied into what they hear back in their districts. that drives that. and when you put that together, it makes for, i think, a very toxic mix for republicans in the house especially. >> we're going to wake up and maybe tomorrow or friday, and he'll have done this. so it is sort of like -- the flouted all of the guard rails that were in place to do this. then what?

>> then we -- well first of all we have to deal with whatever is in the memo. and then we deal with the fallout. i'm almost without words to try to describe the amazing moment that we're in. i covered the justice department once upon a time when top aides to attorney general -- attorney journal mooes was under investigation and top aides resigned in protest of some of his acs. and yet a tax on the legitimacy of that investigation, dealing with classified information, this absolute overt war with the fbi, there was nothing like that. in watergate, president nixon tried -- used the fbi and its acting director to try to help himself. but the system sort of rebelled against that. the -- i've been on a kick of trying to argue that the system

has kind of self repairing guard rails. good citizens come by and fix what is broken. and i believe that is going to happen. but i sort of see a lot of cars veering off the road in the interim as that is happening. this is a dangerous moment. >> i wonder how much the public is numb when you have the chelsea manning leaks, the edward snowden leaks that they sit here and hear all of this -- oh, you can't -- you can't have this stuff released and look -- it would be at the state department and it is classified and you can't -- and the public goes, we hear these warnings all of the time. >> in the case of the manning and snowden leaks, a lot of what was leaked were state department cables which were fascinating reading, many of them. and made -- >> some of them -- they were private conversations. >> they were private conversations. there were indiscretions. people would say things about another country or ambassador

from other countries. >> the way i might make fun of michael steel's hair. like kazakhstan over there. have you seen their receding hairline. >> nobody was passing around the nuclear codes. there wasn't anything in that material that was truly a stop of national security. >> and i think that is the point. >> but there is two things that are different going on here. one is as my former colleague ben wittes said, fisa warrants are a different animal and when the intelligence community is worked up about disclosing information there, we should probably pause. and the second is whether or not this stuff is properly classified and whether or not it is going to end the republican's ability to continue if it is -- if it is exposed to public view. the mere fact of this war between a president and his intelligence community, a president and his fbi, a president and the -- justice department is an extraordinary moment and bad in itself. >> there was one -- everybody is

saying there was no reference to mueller last night. we argued it. might have been one reference to mueller. take a listen. >> tonight i call on congress to empower every cabinet secretary with the authority to reward good workers and to remove federal employees who undermine the public trust or fail the american people. >> translation, michael steel. i will hire and fire whoever i want. >> and that is the bottom line of this whole thing. is the president's inability to get rid of the people who he thinks are not loyal to him or supportive of him. and i just want -- to point out on that. the thing that i think we need to stop and ask ourselves, on this fisa piece, you mean to tell me that a fisa judge is going to jeopardize their judicial integrity and just willy-nilly hand out warrants without having the requisite documents and proof available. what -- what congressman nunes

is doing is not just dangerous, it is stupid. because when it gets exposed, when it gets exposed, this is going to blow up in a way that is not going to be helpful to the congress. >> and the scandal he claimed that was there and it turned out to be him. >> he's just jumped back on the stove. and to me it is just a sign of everybody who comes welcome back the orbit of president trump just ends up being diminished by it. >> they lose their bearings. they lose their common sense bearings. >> there are two things happening at the same time. one is what is in the memo and what are we doing about that. and there is cerbat the -- concern at the double -- they are resigned -- because it involved classical threat -- and to your point, why is nunes doing this? and whether or not he was doing so under some sort of particular order or orchestration with the white house. he's doing it in support of what

he thinks the white house wants to do. >> his track record -- he got caught once working with the white house national security. democrats dilemma. where working with trump on immigration could mean political peril. sup! this is frank's favorite record. this is frank's dog. and this is frank's record shop. frank knowns northern soul, but how to set up a limited liability company... what's that mean? not so much. so he turned to his friends at legalzoom. yup! they hooked me up. we helped with his llc, contracts, and some other stuff that's part of running a business. so frank can focus on the beat. you hear that? this is frank's record shop. and this is where life meets legal.

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welcome back. we have some big political retirement news today. it is still january. trey gowdy of south carolina surprised colleagues. he will leave congress after this term. this makes him the 32nd house republican to announce the retirement or seeking a new office this cycle and the second chairman of the house oversight committee within the last year to announce he's leaving. after jason chaffetz resigned. gowdy made a name for himself when he chaired the select committee on benghazi. he said it was time for him to,

quote, leave politics and return to the justice system. if he was angling for judicial appointment that required confirmation there is a lot of hyperbole of his years in office that he will likely confront again from democrats if he does get nominated for a judgeship and he wasn't the only member of congress to call it quits today. long time pennsylvania machine democrat bob brady, one of the last of the big party bosses that actually served in congress said he will not run for a 12th term. he's facing a federal investigation and been facing it over a year now due to payments made to a political opponent with another campaign. we'll be right back with more. ♪ ♪

♪ welcome back. there is a giant dilemma facing the democratic party and if they don't figure it out, could it lead to civil war in their ranks. democrats booed and hissed and groans and one walked out of the state of the union and if last

night proved anything it is that the democratic party is fed up and their facial compressions spoke volumes and louis guiterrez said i was hoping to get through my life without experiencing a outwardly racist american and my luck ran out and he needs to cut a deal with the president on daca. ouch. so democrats didn't like what they heard last night and today they weren't shy about it. >> i think the floor reflected the deep disappointment, not only that we had last night at the president's speech but what we've had for the last year with the president's performance. >> he stooped to a new low in terms of how he dealt with issues, from his racist of anin mention in relation to securing our democrat from the russian government. the speech wasn't new and it

wasn't good and it won't change any fundamental dynamics of our nation moving forward. >> and those comments are the nice ones. compared to what some elected democrats have said about the president. they've called him everything. a liar, a sexist, a racist and they want him censored or impeered but he is the president. democrats do have to deal with him. they've made promised to their base he has to sign. big promises. like saving daca recipients. but are they willing to make a deal with him particularly with the man they heard last night? are democrats really willing to make this president the president who saved the dreamers? that is the dilemma for democrats. if they compromise, the base won't like it and if they don't compromise, they won't like that either. and this is the same dilemma under president obama. and guess what that led to? pretty bad gop civil war. i'm joined by the chairman of the democratic caucus, a man would has to keep the warring factions together. joe crowley.

congressman, welcome back to the show. >> thank you, chuck. great to be with you again. >> let me ask a simple question. you've got a caucus in many ways they can't stand this president and they don't like him. i know, last night they made it clear but there is only one guy that could save daca. so what do you do? >> well, i'm not sure there is only one guy that could save daca. if the president stayed out of the negotiations and lets the house and senate work, if the senate could find a way forward, i think that could help put some pressure on the house to move forward as well. and then maybe the president could step in and encourage those members of the freedom caucus or the more conservative rings of the republican caucus as part -- to help with the daca bill but it is not just one person. it will take all of us to make that happen. >> i've heard from some activists who don't want this, they don't trust this president and they don't want him to be the one that they have to go to

to beg to save the dreamers. what do you tell heated activists at the town hall that you see that said don't trust him at all. >> i think the president continues to take additional hostages. it was the 800,000 dreamers or daca recipients and commanded to 1.8 million people eligible for daca -- >> are you calling -- the fact that -- you're calling the fact that he increased the number of people he would make eligible for -- more hostages. >> yes. >> that is rough. >> and those in tps. temporary protective status. he didn't have to do this. he's adding these folks to the equation. and all in an attempt to end certain aspects of legal immigration into the united states. so the president is taking a willful and knowing actions to increase the amount of people that he will either allow to stay in the united states through legislation, or forcibly deport through legislation or

lack there of. >> what is a reasonable family reunification policy. >> the believe the nuclear family is defined. there is brothers and daughters, son and grandparents. it is under the law. so the president was inaccurate and wrong and not being honest and being diplomatic saying anybody could get into the country this way. is simply isn't true and it is demagoguing on the issue. as to the point to allude to maybe all immigrants are members of gangs, ms-13 or criminals committing crimes which you know. >> do you think it made had harder to make a deal. >> i think it made it harder for him with his own base. i think i will know the deal when i see. it i haven't seen it as of yet. i think there are people of good

will both in the house and the senate on both parties who want to see legislation pass, they know there were 27 republicans who assigned to a bipartisan bill here in the house. if speaker ryan would give that bill the light of day, that bill would mass immediately. so i do think there is a path forward. it is a question of whether people of good will will step forward and take this bull by the horns. >> look, there is a republican majority in the senate. it is a republican in the white house and a republican majority in the house. i thought marco rubio made a fair analysis when he said, hey, the gang of eight, that gang of eight bill, that was when there was a democrat in the white house and done from a democratic point of view. his argument is hey, the elections have consequences so this compromise is coming from the republican point of view on this issue. if your getting 70% of what you want on this, 60% or whatever percentage you want to say it is, you're going to have activists that say you didn't

compromise and they are going to held you accountable. what do you think of that. >> i will know the deal when i see it. but if i believe that the deal is a fair deal, that it will accomplish what i'm most -- what i'm trying to accomplish,ly give that the light of the day. and give it a good look and support that and tell the people that we've done the best we can under these circumstances. but i will also say to you this, chuck, speaker ryan keeps referring to the hastert rule, former speaker dennis hastert said you have to have the majority of the majority in order to bring a bill to the floor. we'll answer that and nancy pelosi said we also have that rule. you need the majority and the minority to support something as well. so it needs to be reflective of the values of the democratic caucus, i think that is what we're looking for in terms of supporting legislation moving forward. >> well speaker ryan has said actually that he'll put any bill that the president will sign on the floor. so he hasn't amended that but he

did say the president has to be willing to sign it before he brings it to the floor. that is not an -- is that an unfair demand? >> the president is saying he would -- he would sign a clean dream act. he said that in that one hour meeting. >> he did. he says a lot of things. i was going to say -- what do you take at his word and what don't you. >> and that is the problem. i don't trust the president's word. he's demonstrated over and over again, he lies just about every day. he says false hoods all of the time. it is this new thing going on washington, washington speak that goes on in a daily basis now and so it does make it difficult to negotiate with someone who keeps moving the gold post and keeps changing what the bottom line is. the issue of family reunification and the issue of diversity visas were never on the table until the president placed them on the table. those were issues dealt in a broader bill that dealt with over 11 million people in this

country. not the 800,000 and now the 1.8 million the president is talking about and growing. >> very quickly, would you trade wall for daca? >> i have said that i do not support a wall. what i could -- we could talk about are enhancements at the border itself. we could talk about virtual walls -- >> i understand you don't want to be for it. but if that is the white house demand, chuck schumer is -- >> i think it is incredible -- >> he said if it was offered -- >> i this is it is a waste of our resources. if it is between 25 and $40 million and you can't drive on it and it is a useless piece of infrastructure that does nothing but divide our southern neighbors. >> maybe he did talk about solar panels. got to leave him laughing. joe crowley, thank you. up ahead, the latest on the train wreck in virginia. several top republicans were on

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if you compare last quarter to this quarter... various: mmm. it's no wonder everything seems a little better with the creamy taste of philly, made with fresh milk and real cream. welcome back. there was some good news for the new jersey senior senator, bob menendez. he will not have to battle for his freedom a second time and for a senate seat at the same time. the justice department will not retry him on corruption charges that end in a hung jury.

prosecutors filed a motion today to throw out the case after a judge threw out some of the counts last week. there was a time the d.o. so you would retry him. but he was originally charged with trading political influence for gifts and campaign donations from a florida eye doctor and he tweeted, i never wavered in my innocence and belief justice will prevail. it may keep challenges from jumping into the race because that is what he probably had to fear the most. we'll be back in a moment. 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. you or joints. something for your heart... what's with the coffee maker?

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welcome back. house and senate republicans were on the way to a retreat in west virginia when the chartered train they were on collided with a garbage truck just outside of charlottesville. one person in the truck died. no major injuries were sustained by lawmakers. many of whom assisted with it injured at the crash site. jason lewis was briefly hospitalized with a concussion but his official twitter account posted this hour that he has been released and has joined the

retreat. joining me now is our own tom costello covering transportation for us. tom, give us the basics here. human error, technical error, what do they think happened, what have we been able to recreate. >> first of all, federal investigators are on the scene from the federal railroad investigation and amtrak has their investigators on the scene. witnesses sate crossing guards, the arms that come down and the fight lites were functioning. and so you've got to now wonder why was it this trash truck was on the tracks. because the train always has the right-of-way. there is some initial reporting from the scene from witnesses who were suggesting that this trash truck may have been trying to beat the train. and as we know, boy, that is a deadly mistake. we've seen it time and time and time again. i mean, we have 260 people dying every year in motor vehicle crashes with trains and we have

about 840 people injured every year just in motor vehicle train accidents. the trouble is, according to federal investigators, almost always it is somebody in a hurry trying to get across the tracks and they misjudge how fast the train is going. it is probably going at about 55 miles per hour and at that speed, it takes about half a mile to a mile to stop in the emergency mode. >> what kind of -- obviously the technology and how we gather information at crash sites only gets better all of the time. are there cameras on front of the train? are there cameras at the crossing guard -- at the cross lights do we have video evidence to put this together or is it an old style recreation? >> well, no you are right and we saw it with the actrack crash outside of seattle. amtrak does have cameras on the cab, outward facing and inward

facing so there was a question about an engineer distracted. that is not the case here. the train had the right-of-way and it appears this garbage truck was on the tracks so they should have a good sense of what happened quickly. i will say that there is this push nationwide to put in quad gads. in other words, instead of just one crossing arm, you want four. so they cover both lanes on both sides. >> so you can't navigate it and drive maybe or maybe not people watching this program have thought about doing that before. and obviously doing it that way would stop them. well this is a good reminder. don't mess around. you'll always loose a race with a train. >> it is fatal and always stupid. >> thank you very much. up ahead, we all heard of the state of the union, but how about the state of our states. that is what i'm obsessed with, next. for the faint of heart. luckily, office depot® officemax® is here to take care of you. ♪ taking care of business

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sometthat's when he needs the way ovicks vaporub.'s sleep. proven cough medicine. with 8 hours of vapors. so he can sleep. vicks vaporub. goodnight coughs. welcome back. tonight i'm obsessed not with the state of the union but with the state of the state by the country's governors. actually enjoyed doing this every year. it is fascinating to note the themes that em ernl from the speeches. one thing this year from democrats was opposition to president trump. >> hawaii will not stand for the hateful and hurtful policies of the trump white house. >> when president trump

announced a plan to open our coastline to drill for oil, we, the people of rhode island, stood up and said not on our watch. >> another theme from the governors, the need for civility in politics. >> i don't know when this period of hyper partisanship and anger will end but i do know we can't fight hate with hate or anger with anger. >> compromise is not capitulation. rather it is a necessary process in representative government. >> but as always, one idea came through loud and strong. >> the state of our state is strong. >> our state is strong. >> our commonwealth is strong. >> stronger than we've been in decades. >> strong. >> strong. >> strong. >> strong and growing. >> strong. >> strong. >> the state of the state is strong. and our future is as bright as

the sun over the gulf. >> well bless your heart. we'll be right back. to severe c. then i realized something was missing... me. my symptoms were keeping me from being there. so, i talked to my doctor and learned humira is for people who still have symptoms of crohn's disease after trying other medications. and the majority of people on humira saw significant symptom relief and many achieved remission in as little as 4 weeks. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers, including lymphoma, have happened; as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure. before treatment, get tested for tb. tell your doctor if you've been to areas where certain fungal infections are common, and if you've had tb, hepatitis b, are prone to infections, or have flu-like symptoms or sores. don't start humira if you have an infection. be there for you, and them. ask your gastroenterologist about humira.

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welcome back. time for "the lid." the panel is back. before i get to something that marcus has been writing a lot about with hillary clinton. strictly on the democrats dilemma of working with trump. republicans made the decision not to work with obama. john boehner didn't work with obama. conservatives thought he did, too much. what's your warning to democrats about how easily you can go from thinking, oh, we'll never be like that to -- >> yes, you'll be just like that. it boils down to one thing, and i have heard some democrats say this is that the daca issue is

so important to them that they're willing to go up that particular hill and take that hill in that battle. there are sometimes i wish republicans had done that on health care, there were some things if they had just put a bill out there to compete with. i think that's what the democrats are doing right now, they're trying to get a bill in such a way that they can go back to their base and say we made the case, we won the fight. but the president is giving them a little bit of wiggle room. but if they principlely believe in it, go up that hill. >> i think you have an ill lull stralull -- illustration on the show when they talked about evidence of expanding dreamers is similar

to hostage taking. >> i saw that and it was like, wow, if he hadn't been increasing the number you view as a negative, we're getting nowhere. >> there's only one person here whose opinion matters on daca. >> wish it away, he's still the guy that has to sign these bills. >> to your point, the democratic base that is now seized with the daca issue is not going to accept some sort of half measure, and if it's the hill the democrats die on, then they're going to have to then be able to turn around and say, the fight was worth it, what we wanted to get was something that the president was never going to give us. >> daca can become their obamaca obamacare. >> right. >> let's move to about seven

minutes before donald trump, hillary clinton issued a very long face book post. something marcus, you begged her to do on sunday and she didn't do it. her former faith advisor who was accused of sexual harassment and she refused to fire him. the short answer is this, if i had it to do over again i wouldn't the young woman needed to be able to thrive and feel safe, i thought both could happen without him losing his job. obviously that wasn't true and he turned out to be a serial predator. ruth, what do you think? >> well, having a little bit of groundhog day phenomenon here, it takes a while for hillary clinton all the time to get to not a great place, but a better place and an adequate place. so i was having kind of post-traumatic stress syndrome

last night thinking about what we wont through with emails, right? it took a while to get to if i had it to do over again, i wouldn't do it. it sounds familiar. >> i hadn't thought about that. oh, my god. >> pull it together. >> and you're absolutely right. it's the same thing, you have to drag the i wish i did it another way. >> and it shouldn't have taken that hard, it shouldn't have taken that long and you kind of wish she could just say, i got that call wrong in retro -- why didn't she say that? >> it's over. >> it was in 2008. >> so good for her. it's gooda she said it eventually, but bad on her that she doesn't explain why she kept this person in her orbit, why

she allowed him to be hired by a super pac. you know what? if you're going to say i should have done it better, just say it and don't try to point fingers elsewhere. come on. >> if you're try to be recapture some high ground, try to stay on the high ground. up ahead, please clap. we'll be right back. this new day

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. well, in case you missed it, there was a lot of this last night. there was so much that our friends at the daily caller today had this ridiculous headline. trump breaks nearly all applause records on state of the union addresses. we had no idea there was a record of this, by the way. well today, by the way, we applaud the president's applause. we believe there shouldn't be less applause at the state of the union, there should be more. and we don't want to import applause, we want american applause, usa. usa. and in case you missed it, we just broke a record for the most applause on "ntp" daily.

because when we our hands together, there's nothing we can't accomplish. now it's time for "the beat" with ari melber. >> i saw you clapping, i was happy to clap. you get our claps, you get our daps and if we make it through 2018, maybe we can do an all arsenio at the end of the year. >> ari, end every show with a dab. we begin with questions on the russia probe and donald trump putting very implore pressure allegedly on the person overseaing the russia probe. and credit where it's due, this is from cnn, that president trump