that will wrap up this hour of "msnbc live." >> that's the best intro i've ever had. you nailed it. i see you're standing because you want to make a dash out the day. >> merry christmas. >> happy holidays. good afternoon. in new york on this christmas eve, it's noon on the east coast. right now market mayhem. the stork market set to close in an hour after another wild ride ahead and the dow's worst week

in over a decade. can the sell-off be stopped? 400 points down as you see there. offensive on defensive. why president trump is pushing defense secretary jim mattis out of the pentagon two full months before his announced resignation date. and international mystery, why an unnamed foreign government owned company is fighting special counsel robert mueller all the way to the supreme court. and the year is wrapping up. we're in day three of a partial government shutdown. the white house says it will likely stay that way. still locked in a stalemate over border wall funding, offering $1.3 billion. the president wants $5 billion and on one side will have to be willing to negotiate who that will be remains to be seen.

380,000 are on unpaid leave. you know whose paychecks won't be affected, members of congress. joining me jeff bennett, mike have vicaira is live. jeff, we're hearing the president is going to meet with secretary nielsen today at 2:00 p.m. is it at all related to this ongoing negotiation? >> reporter: it's related but not likely to change. unless he walks away saying i don't need a border wall after all. that is not likely to happen. the senate convened on saturday. they decided to adjourn until december 27th, thursday. so that means this shutdown will extend past christmas at least until thursday. so democrats at this point are dug in. frankly, they've been dug in all along. we've seen the president soften

his stance. he has said he'll come down from his border wall demand. he's also said that he doesn't necessarily need to have a concrete wall built at the border. as long as democrats agree to some kind of barrier in an agreement that would then be used to fund the government. democrats believe they have all the leverage here, that the longer this runs out, the better it is for them because then a couple days from now, january 3rd, you'll have house speaker designate nancy pelosi reopen the government. they're saying no dice. >> listen, this is not the first government shutdown that we've seen, certainly not one even within the trump presidency. trump is up and tweeting early.

>> reporter: you see that tweet there. he says virtually every democrat we are dealing with today strongly supported a border wall or fence. it was only when i made it an important part of my campaign because people and drugs were coming into our country unchecked that they turned against it. what the president is speaking to there is true. funding the border wall is as much a victory for donald trump as blocking funding is a victory for democrats. that is why we're suffering from the semantics. does it have to be made of concrete, of steel? whatever off ramp donald trump can find that gets the government reopened but allows him to save face with his conservative base is the off ramp he'll certainly take. we don't know yet what would be agreeab agreeable. >> where do the negotiations

stand right now? are we talking about a gap, a wide gap that is insurmountable or as geoff outlined politics and posturing? >> i think we're in the head fake, talking point, who will blink first stage. as geoff reported democrats are confident that will be the president. there can be no larger or more literal symbol now than the wall that president trump wants to build. $5 billion he's asking for in the spending bill. that's out of an annual discretionary bill. democrats feel this wall is something that is immoral as they've said i'm and time again, that their base is behind them

and the senators are voting by voice vote. that's the deal the house thought they had with president trump until he pulled the rug out when we saw paul ryan say it was back to square one. mulvaney was making the case, the president's case, and he took a jab at nancy pelosi. let's listen. >> i think it's a good question here whether or not this deal can be cut before the new congress comes in. i think there's an implication here for nancy pelosi's election for the speakership. i think she's now in that position of being beholden to her left wing where she cannot be seen as agreeing on anything until after she's speaker.

>> reporter: there is some truth to what mulvaney is saying. it appears this will last until january 3rd. nancy pelosi's spokesman had a response to that. as mr. mulvaney well knows house democrats are united in their opposition to the president's immoral, expensive and ineffective wall. on it goes, eamo. >> mike viquera and geoff bennett at the white house, thank you both. joining me now is democratic congressman from maryland anthony brown. congressman, thank you very much for joining us, sir. i want to start -- >> great to be here. >> i want to get your perspective. i know as a democrat and my colleague was reporting the democrats view the president's wall as immoral. it's not about money. it's about morality. i know you're not interested in giving president trump the $5 billion he wants for that wall. let me reverse it.

what are you willing to compromise on to get the government back open in your district back to work? >> sure. first of all, let's be clear. it doesn't make sense for democrats to negotiate against the american people. we know a majority of the american people oppose a border wall and even more americans oppose a shutdown on making progress on building an immoral and impractical border wall. this is squarely in the president's lap. he has the ability to open up government. we sent a bipartisan bill. the senate sent it over to the house. and then what happened president trump got in the room with speaker ryan. he put him in a full nelson, body slammed him down to the mat. the freedom caucus piled on. paul ryan called uncle. and we have $5.7 billion in a measure going back to the senate

for a border wall which nobody wants. >> let me ask you this, though. the president, republicans and allies are making the point, look, the president campaigned on this issue. he has the mandate from the people that elected him. and so he's coming at this from that position which is this is something the american people voted on because it was a signature issue of his campaign. >> he had rallying cries and chants during his campaign speeches where americans that supported him understood that he would have mexico pay for the wall. when you ask americans, do you want america to pay for the wall, the majority say, no, absolutely not. >> the last shutdown was 16 days.

850,000 federal employees furloughed per day, roughly 40% of the entire civilian workforce. benefits in the range of $2 billion. real gdp growth because of the reduction in hours worked by federal employees. how is this year's shutdown different? do you think it could last long enough it could reach those staggering numbers we were just talking about? >> this is a contrived fight. if he allows it to go into the new year we are going to see, i believe, similar economic and personal financial harm to not only federal government employees who may get retroactive pay although i would question that. but federal contractors who will not be on the job and are not going to get paid. yesterday was in the dry cleaner's and my dry cleaner told me volume is down.

next door to the dry cleaner is the barbershop. folks are holding off not spending the same kind of money because of the uncertainty. i have the fifth largest number of employees. i feel the impact. i see the impact in my malls, my shopping centers and this will have an impact and it's my hope and my plea to the president open up government, put workers back on the job. pay federal contractors and don't do the harm to the economy that would ensue if you don't. >> congressman, i have to ask you before i let you go, i know considering that you're on the arm services committee, what is your take on the president's decision to withdraw from syria? is it a good or bad move given the fact when he went in there in the first place he did not have congressional authorization and people thought that was an unnecessary move for the u.s. to get involved in an unnecessary war for the u.s. to be involved in? how do you see it now? >> the president claims isis is defeated and i don't think

anyone who really focuses on these issues would believe him. that's why envoy mcguirk quit early, that's why secretary mattis resigned which is a rebuke of the president's world view and his position in syria. the president owes it, i think, to the american people to come forward and state what is the criteria he is using to reach the conclusion that isis is defeated. he needs to speak to issues like how will we address the civil strife that continues in syria, the refugee crisis in syria, the humanitarian crisis in syria. there are a lot of unanswered questions. regardless of whether you agree or not, the process stinks and the result is not necessarily the right one and we need to have questions answered to make a better determination about the president's decision. >> all right, congressman anthony brown, thank you so much. happy holidays to you and your

family. out with the old and into with the new, president trump is kicking out jim mattis two months early. he apparently didn't even read mattis' resignation letter. and now he's pretty angry about one minor detail. we're keeping an eye on the markets for you. we'll check in on wall street coming up next. 25% of your mouth. listerine® cleans virtually 100%. helping to prevent gum disease and bad breath. never settle for 25%. always go for 100.

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president trump has abruptly pushed out james mattis two

months ahead of his scheduled resignation date. "the new york times" reports he did not initially read the resignation letter. the friendly rebuke of president trump's policies. the president grew increasingly angry as people extolled mattis' bravery. he decided on sunday he had had enough. that was the backdrop to make mattis second in command, the acting secretary of defense starting january 1st. pentagon correspondent for foreign policy and phil rucker for "the washington post" and an msnbc political analyst. you reported trump was so angry with mattis he directed mike pompeo to inform the defense

secretary that he was being pulled from office two months early, according to a senior administration official. walk us through what unfolded. what happened in the crucial hours? >> it's a good question. the president grew angry. mattis went to the white house on thursday of last week to resign. he handed trump that resignation letter. trump didn't think much of the letter but grew angry in the hours and days that followed as it was being covered. that mattis was being hailed as a hero and he was especially bothered by this narrative of mattis as the last adult in the room, trying to restrain the president from dangerous impulses and the president decided to lash out on a whim, you know what, mattis said he's going to leave on february 28th but i want him out sooner and decided to push him out by the

end of the month. he did not want to confront mattis personally about this. the president said i like to fire people, but he doesn't like to do the firing himself. he had mike pompeo whose job has nothing to do with it, had him inform mattis he would be out by the end of the moent. >> do you get a sense from the president's reaction and his behavior and the way he accelerate this had dismissal of general mattis that it was vindictive? i look back at the resignation letter. he allowed sufficient time to hand over to his predecessor or successor to make sure there was a process under way. how do you see this dismissal by the president beyond the

motivations? was it vindictive? is there a strategy saying we don't want a defense secretary not on the same page as the president? phil? >> yeah, sorry. i thought that was not a question for me. it was vindictive. there wasn't much of a strategy here. it surprised officials at the pentagon. he was holed up at the white house. he was supposed to be in florida. instead he's stuck at the white house because he shut the government down. he's been reacting to that on twitter, with the decisions that he made regarding personnel at the pentagon. and decided to push him out sooner than expected but it creates some instability over at

the pentagon where they are dealing with the decision to withdraw troops from syria and afghanistan. they're grappling with a lot right now. on top of that they'll have this personnel change sooner than anticipated. >> laura, let's talk about patrick shanahan, a former boeing executive. you wrote his ascent is the very latest manifestation of the world's largest aerospace in the pentagon. boeing has won three multibillion dollar competitions for major department of defense programs. despite massive delays in delivering a new tanker fleet to the u.s. air force. should we be concerned about this growing overlap between former executives especially in the pentagon?

>> yes. they are still reeling from the news of mattis resigning and now someone like patrick shanahan potentially poised to take the reins at the pentagon. the two men could not be more different. he also oversaw several military divisions including missile defense. the interesting thing to note is that when the obama administration was ending, boeing was in a weak position facing potentially the shutting down of their st. louis facility, the end of their military jet line. he made his preference for boeing over lockheed martin quite clear. i should note there's no indication so far that boeing has had any unfair advantages and shanahan has recused himself

from decisions regarding boeing and competitions. i'm told it is interesting, it's a little strange that boeing should have scored so many wins and now shanahan is coming in, a major boeing executive and it potentially does signal that trump is increasingly leaning on former executives and away from his generals. >> thank you both very much. happy holidays to both of you. we're taking a live look at the numbers on wall street right now. the dow down about 500 points, 490 there. we're on track to have the worst year since the financial crisis of 2008 and the worst december since the great depression, believe it or not. treasury secretary steve mnuchin making unusual calls to the heads of the six largest u.s. banks to try to calm fears about the markets obviously not working this morning. we'll talk about that next. we'll talk about that next

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welcome back, everyone. you're looking to wall street where the markets close in about 30 minutes and there's no holiday bounce in sight. you see the board there, dow about 455 points, even down to 500 earlier in the day.

the s&p 500 is now on the brink of a bear market. president trump brushed off any investor questions by writing the fed is like a powerful golfer who can't score because he has no touch. he can't putt. john harwood, good to have you with us. should we have seen a christmas bump in the markets today? how would you look at what is happening in the market today down almost 500 points, and what do you attribute this decline to? >> reporter: ayman, after you have a bad week in the dow you expect a rebound as they start the new week. this is a moment of real high anxiety on wall street. you have not only just as a precondition for this expectations of slower growth than around the 3% we've had this year, still slower in 2020, possible recession.

then a president who is not acting in a rational way, in a stable way. he is sitting watching television, sending out tweets, making impulsive decisions to withdraw from syria, conducting this chaotic trade war with china that has moshgarkets on h alert. he has viewed the markets as a report card on his administration and so the more bad news he gets from the markets, the more you can expect to see him lurching in different and unpredictable directions. >> let me ask you about steve mnuchin. he made a series of calls to some of the top bank ceos despite the turmoil in the market, though. his statement tried to sound positive. he said we continue to see

strong economic growth in the economy with robust activity from consumers and business alike. i'm curious to get your thoughts. the market is obviously in turmoil. did that phone call and the statement from the treasury secretary do more harm than good coupled with the statements the president has been making about jerome powell the fed chair? >> reporter: it's hard to draw direct cause and effect between actions anywhere in washington and what's happening in the markets. it's reasonable to draw. a terrible week for the markets. headed for the worst december since the great depression and you had the president talking about firing his fed chair. mnuchin put out a statement saying the president is not only is not going to fire powell he doesn't have the power to do that. then they reassured people about

liquidity in the banking system which is not something anybody wondered about. it was trying to say remain calm this is fine. the economy is on a steady state, a solid track. growth is slowing. the fact they felt it necessary to calm a panic that wasn't real really probably increases the doubts about the administration in the white house to perform effectively. >> john harwood in washington, thank you very much. happy holidays to you, my friend. >> reporter: same to you. >> thank you. we'll keep an eye on the markets throughout the hour on msnbc and update you. first, we're learning about a mysterious case in the mueller investigation and the supreme court is now involved under an

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chief justice john roberts has supposedly stepped into a mystery case that involves robert mueller's investigation. over the weekend a foreign government owned company asked the supreme court to block a grand jury subpoena that it received in a case that appears to be linked to mueller's russia probe. and yesterday chief john roberts issued a temporary stay as the

court decides whether to case. to weigh in justice correspondent pete williams, jessica levinson, attorney and professor at loyola law school, and arianna berg. pete, let me begin with you, if i may. it seems there's a lot we don't know. walk us through what we do know and what has transpired so far. >> i would disagree a little bit, ayman. we don't know almost everything about this case. it's not just a little we don't know. the broad outlines are as you said we know this is from the meager things that we've seen that have been made public about this case, this is a company in a foreign country. we don't even know what the company or the country is. they are referred to in court documents as company "a," corporation "a," country "a." we know that they got a grand jury subpoena and have tried to block it. now this sort of thing happens all the time but the case is

entirely under seal. the assumption here is that the moving party is the robert mueller investigation but let me be clear. nobody knows that for sure. that's based only on sort of criminology of looking at the lawyers who are walking into the clerk's office at the time this was filed. that's the assumption here. in any event, the lower courts said the company has to abide by the subpoena. the various defenses the company raised the courts didn't agree with and it said every day the company doesn't comply it will have to pay a fine. last night the chief justice put a hold on that saying, no, we'll stop any accrual of a fine. let's hold on to this until we get a response from the government. it has the company's appealed. the chief justice ordered to respond by december 31st and then the court will act.

that's what we're struggling with here. >> so that makes it a little bit harder for you, jessica, because you'll have to pick up the pieces and try to explain to us, two things. justice roberts issued a stay in this case. is that generally a normal move, and can you flesh out what comes next? >> yes, exactly. let's talk about what we do know which pete said is very little. i think we should be careful to read too many tea leaves about chief justice john roberts saying we're going to stay this order, that the company challenging the subpoena doesn't have to pay the fine and isn't held in contempt for this period of time while we wait for the federal government to respond. this is a fairly usual procedural move. i don't think we should say chief justice john roberts doesn't think it's correct or doesn't like the contempt order.

this is an appeal from the district court in d.c. these go to chief justice john roberts. the one normal thing he says we'll push pause while we wait for the government to respond. in terms of what happens next, well, the federal government will respond on new year's eve at noon and then it will be up to either chief justice john roberts or he will refer it to the full supreme court to rule on this issue. this isn't a full appeal of was it proper for the grand jury to ask for a subpoena for the judge to say, yes, you need to comply with the subpoena. this is about the anyway ower issue of being held in contempt and whether or not we can stay that contempt order. i think it's possible john

roberts may issue a very short order saying we agree with the lower courts. you need to comply. we'll see you later for the big question, the fuller question. >> this company "a" that is referred to in the documents, why would this company be fighting so hard against the subpoena trying to invoke sovereign immunity? many of us may be familiar with diplomatic immunity, that there is a certain degree of immunity here. walk us through this? >> yes, that's what's so interesting about this issue i find. normally there is a rule of secrecy. we know great efforts were taken

to seal them. they sealed off the whole floor of the courthouse which is quite unusual. what is really unusual here the company itself is fighting so hard to keep their identity secret. let's remember this is not the only grand jury subpoena battle that we know about with the mueller investigation. assume, of course, this is involving the mueller investigation. we know that andrew miller also fought his subpoena attempts and that his identity was revealed. in this case the company is going to tremendous lengths to not only fight hard against this subpoena taking it all the way to the supreme court, which is quite unusual, but also keeping their identity secret. now great speculation has been out about who could this company be. we only know that it's state owned company and that it had

some commercial activity at that impacted directly the united states. speculation has certainly been that it could be a state owned bank. it could be a state owned technology company. implicating potentially russia. but at this point it's speculative. this is quite the bombshell when we find out who the identity is and what it is they've been subpoenaed for. >> all right, thank you both very much. happy holidays to you both. >> thank you. and another look at the stock market set to close in less than 20 minutes. right now the dow down nearly 500 points. we'll stay on top of what's happening on wall street. first, a young girl's cries caught on tape this summer gave voice to more than 2,000 children separated from their parents at the border.

>> now 7-year-old allison is with her mom getting ready for her first christmas in the united states. how long they can stay here is anyone's guess. we'll tell you more next. ♪ the new capital one savor card. earn 4% cash back on dining and 4% on entertainment. now when you go out, you cash in. what's in your wallet? now when you go out, you cash in. ♪ ♪ this holiday season, families near you need your help. visit redcross.org now to donate.

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welcome back, everyone. another live look at the stock market. right now the dow jones down 525 points. we're going to bring you the very latest as we get closer to the market closing in 14, 13 minutes from now. this afternoon president trump will meet with dhs secretary kers ten nielsen to discuss border security. president trump's zero tolerance policy that separated thousands of families at the border sparked national outrage. many children have since reunited with their parents, the road to legal asylum still hangs in the balance, though. msnbc brings us this story of one family who will be spending their first christmas here in the united states as they wait to hear how long they'll be able to stay in this country. >> reporter: 7-year-old allison might not be a face you recognize. but she has a voice many have not forgotten.

>> reporter: allison's cries took center stage in the debate over separating families in june. nearly a month later she was reunited with her mother cindy. she is preparing to walk across a new stage at her school's christmas show. >> reporter: she wants to be like other little girls in america, getting ready for school, doing homework and play i ing in english. what have you learned? >> good morning. how are you? >> very good, allison. how are you? >> very good, thank you. >> reporter: her mother, cindy, is also learning english at the

local church. but staying in the u.s. is no guarantee. they say they came here fleeing gang violence in el salvador. a family lawyer fears for what might happen to them if they are denied asylum. >> what they risk is going back and meeting the fate of death. if they lose being sent back. they don't deserve that. it's a homeless situation. >> reporter: complicating matters cindy cannot currently file for a work permit at this stage of the asylum seeking process. they get by staying with family and money gifted to them by a nonprofit. >> reporter: still, she has a surprise for little allison.

>> reporter: for now she is focusing on what's under the tree but she wants to stay. >> wow, what a very powerful story. >> her resilience and faith. >> it's incredible to see the optimism they have. let's talk about the policy we were talking about. dhs announcing a policy last week that families waiting on asylum claims will be sent to wait in mexico. how does that impact families like those you have been talking to? >> it doesn't impact this family, because they're already here. but i asked their lawyer what would happen to them if they had to wait in mexico? and you heard her, they risk death, because these gangs, this family was threatened for ten years. they even snatched this little girl in public at one point.

these gangs have tentacles from central america to mexico. that is what many other families who aren't as fortunate as alison and sicindy are facing. >> families like alison in the united states, very much in limbo, and their fate really changes from decision to decision, as all of this court drama plays out. >> i lived it in real time with them. last week, we were down there and monday the lawyer said it is unlikely their case would be approved because the whole thing is based on gang violence. 48 hours later, a federal judge struck down the trump guidelines saying gang violence is back on the books. so for now, it's christmas come early for cindy and alison. but the lawyers as journalists, the families have to stay on their toes, because the trump administration is challenging asylum because they're not getting funding on the wall.

>> i hope she didn't watch that report because alison would find out what the gift is. >> she'll find out tomorrow. >> thank you so much. still ahead, hundreds are dead and more missing after a devastating tsunami takes an indonesian island by surprise. smoking with chantix. smoking. it dictates your day. i didn't like something having control over me. i wanted to stop. the thing is i didn't know how. chantix, along with support, helps you quit smoking. chantix reduced my urge to smoke to the point that i could quit. when you try to quit smoking, with or without chantix, you may have nicotine withdrawal symptoms. some people had changes in behavior or thinking, aggression, hostility, agitation, depressed mood, or suicidal thoughts or actions with chantix. serious side effects may include seizures, new or worse heart or blood vessel problems, sleepwalking, or allergic and skin reactions

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survivors in indonesia after a massive tsunami struck sunday without any warning. you can see in this video posted on social media concertgoers caught off guard as a wave sweeps through. just some of the discharge captured on camera. more than 370 people killed in the tsunami and dozens are still missing. nbc's sarah harman joins us on the ground from indonesia. let's talk a little bit about why the tsunami warning system that country is known to have did not work, what have you learned so far? >> reporter: hey, good morning. so far we've learned that this tsunami was not triggered by an earthquake, but rather experts believe by volcanic activity that then triggered an underwater landslide. that's important, because while indonesia does have some systems to monitor seismic activity, it doesn't have good systems to monitor volcanic activity. and thus, as you said, this

earthquake -- excuse me, this tsunami caught people off guard. it struck around 9:00 p.m. on a saturday night, and it hit a resort area, a place indonesian come for vacation, at a time when children are on school holidays, people were out enjoying themselves. and this tsunami caught them completely by surprise. as you said, 373 people are confirmed k eed dead this eveni. it's 1:00 a.m. here in indonesia on tuesday morning. it's pitch black and it's hard to see anything. we just arrived right on the beach. as we drove up the coast, we could see emergency vehicles. we saw some people sleeping in tents. others were working overnight. 128 people are still missing, and right now, every hour counts. also, the danger isn't over yet. coastal residents have been warned, they need to keep away from the beaches up still december 26th. there are fears there could be another tsunami.

and i've got to tell you, as we were driving up the coast, it felt creepy. there's not a lot of people out and about. this is an area that's usually very busy and full of life at this time of year, people going on vacation, enjoying their holidays. and that was very much not the case. >> nbc's sarah harman live for us on the phone from indonesia. thank you very much. so that wraps up this hour of msnbc's live coverage. my colleague ali is about to pick things up. this is crazy, because this is a half day worth of trading. this is not a full eight-hour day. >> on days hike christmas day or christmas eve, it's often a little exaggerated because fewer people are trading. but this brings the dow and s&p 500 to more than 11% lower for the entire year. i will say, this is the worst christmas day in history. this doesn't tend to happen.

this is the president picking a fight with jerome powell, his pick for the federal reserve. this is completely unnecessary. every president dislikes federal reserve chiefs who raise interest rates. but they have those fights in private. this president replaced janet yellen with this guy. he complained when he wasn't president that interest rates should go up. jerome powell is raising rates, and he's slamming powell on twitter saying the only thing wrong with the economy is the federal reserve. for another time, we could have a detailed discussion what interest rates should do, but this is the president messing up these markets. >> you had steve mnuchin trying to make calls to the banks to try and kind of ease the market or ease jitters. that backfired. >> didn't work. that was like calling somebody and telling them, it's okay, it's not that serious. i got it under control, when the fact that the president can't

fire the federal reserve president or chief. but one never knows what this president is doing and what's going on. so when mnuchin called to say it's under control, apparently it's not under control. have a good afternoon. we're close thing market at more than 650 points it's going to be, 640 points lower. good afternoon, everyone. let's get smarter. struck down showdown. the government partially closed for business and there's no end in sight. >> democrats are offering $1.3 billion for border security, and even though the president initially demanded $5 billion, the white house is now signaling that number may, in fact, be negotiable. >> it's up to the democrats in the sense that we have offered them a deal. we'll see what they come back with. our goal is to get between $1.6 billion and 5 billion. >> even allies of the president will tell you he wants to be seen as fighting. he wants to fight. he doesn't seem to understand