my thanks to our guests, i'm nicole wallace, and time for "mtp daily." >> can you use your emergency powers to stop congressional hearings. >> it is donald trump, but he will try and they will add it on to the end of the impeachment hearings. >> we will see. it is thursday and people may want to stay at the border. >> good evening, i'm chuck todd

here in washington. guess what? the next crisis is likely going to be bigger, longer, and i'm possible to control. the president's long time lawyer and fixer has agreed to temperature publicly. democrats are going to have to draez kashlly with this one. while he admitted to lying about some matters, we're going to talk to a top democrat in just a few minutes to find out the scope, what can they talk to him about and what can't that. but speaking of mueller's report, cullin's testimony will be a amtizer to the anvil that is about to drop on this.

they say that the president is in the bottom of the ninth inning and that report could land on his desk in late february or early march. an emergency declaration is not are really an option. the president may want the shut down crisis to stick around for awhile. not to say it is a distraction to have this government shut down. today he was a the border for what he said was a photo-op. one that his communications team he says pushed him to do. let's not lose tigsight of what happening right now. joining me now from the white house, nbc chief correspondent, jason johnson, and matthew,

editor and chief at the washington free boeacon. let me start quickly with cohen. is this the chaotic nature of the west wing. >> any time you have him coming out to speak publicly, that is a mark of what we could hear. this will be a televised hearing. this is, we're tolding with on camera, live, like you have seen them before. it will not be new to robert mueller or federal prosecutors, right? it is about what he might be prepared to say. the president was asked about this today, he was at the border

and doing that trip, phillip rucker and he said are you worried about what michael ko pen is going to say? >> mr. president, michael cohen has just agreed to testify before the house democrats next month, what do you think about that are you worried? >> no, i'm not worried about it at all, no. >> a typical response there, very quickly before i let you go, lindsey graham just tweeted, time for the president to use the emergency powers, he just tweeted that he has given up, is that what the white house is working on right now? is this a question of when they attempt to issue this emergency order, not if? >> i don't know if i would go quite that far, chuck, but i had

a conversation today talking about how there is preparation happying in the white house council's office to play the ground work. it seems like one of the very few ways out of this for president trump. as we are talking about this we're learning many from our colleges about how he plans to do this. california and puerto rico, and it will not sit well with people. >> go ahead and finish your thought. >> it is not something that the president is an opportunity where he could have done this today. he didn't do it, but that was a realm of possibility. i would not even bring it up

normally, but he is preparing for the shutdown to last two more weeks. >> i know you have some nightly to prepare for there, thanks very much, susan page, you have the president sitting here with this crisis, a shut down that will bump into -- it is one of those things where they would have to vote again. and then the muller report, why do i think in ten minutes he will miss this crisis? >> these are all tied together. democrats take over the house. that is part of the failure to get a deal to reopen the government. there is a long standing failure. it is part of the reason that cohen is coming to testify in public in front of tv cameras about some of the most perilous accusations. i think it is one they did not

understand until it started. i don't think they understand where when dcs won the midterms and took the house back, how much difference it would make. >> it is also the same world of crisis. sure we have him coming to testify before the house. we have comey's testimony as well. it started when they continued to control the senate, so there is some change, but overall it is a very tumultous message. >> you would think they would know how to set up the messages better. we knew the speech from, we knew that mueller's final report

would be coming faster rather than slower. they're constantly caught flat footed. he can't talk himself out of this one. >> let me go quickly to capitol hill, garrett, you have been talking to a bunch of senators today. they have stuck by him for now. i think they're praying he does this emergency thing even though they're not sure it is legal or works, but they want to just desperately reopen the government. does the michael cohen news create more urgency to end the crisis? >> i think it might, i tweeted it is a high fast ball. it shakes things up and while the shut down has been the dominant story in the last couple weeks, it won't always be that way, and it won't stop the work of these committees particularly on the house side

from plowing ahead. there is no flashi isplashier w. and to have him live talking to people all across the country, it unsettles the game if it doesn't change it. to your point about the national emergency, that is definitely the take away that i have gotten today. so many lawmakers said i don't know if he should, i don't know if it is the best course of action, or if it is league, but it looks like the last remaining action. it seemed to die a very inglorious death today. it is hard to see how anything else will move the ball. >> even if he calls is, the amount of time that it will be caught up legally, that all of the corruption and stuff has to be implemented, i don't think

this president or his administration realized you opened up two years of law and order. maybe that is exactly what they want? don't they want the issue? they're saying i'm trying, the courts are fighting me. >> he can do that, but how does that expang your base. >> are you trying to use lodge snick when has he ever tried to expand his base. >> when you're trying to run for president and you have the weak fundamentals you have to think more strategically. >> the president is playing base mobilization politics. i think he is also betting that the democrats will as well. so in a way, i think he sees this as a political advantage for him. i do think that people are leaping to the conclusion that this emergency declaration is

eminei immine imminent. i think the president believes that the longer it lasts the longer his power lasts over the democrats. we had a few democrats today, it was from about gail, from other places, but boy, do you think -- where are there more cracks on the republican side or the democratic side? >> i heard this before, the white house was saying that things would change when they locked up the speaker position is. she has been speaker for a week and that has not changed the dynamics at all. in each bill, democrats added to the number of republicans crossing over there vote with

them, so for far the democrats have held together better so far. >> susan, it does feel like if the political presumption is on the right if you cave you're with pelosi, and on the left you cave you're with trump, we may never be ending this. >> and declaring a state of emergency does not reopen the government. talking about republican gaps that we have talked about for two years, in this fight the only republican that matters is mitch mcconnell. what matters is will mitch mcconnell do anything that pressures donald trump to do something he doesn't want to do, so far that answer has been no. >> i'm looking closer at senator

joanie ernst, she is in leadership and in cycle. when you look at the senators who voiced their desire for the government to reopen, they tend to come from bluish or swing states. and as we get closer to the people at risk, she is right there. >> guess what, though, mitch mcconnell is saying that, unless mitch can find a way to sell this, we're not going to seize the -- see these changes. a lot of these states the federal government is your biggest employer. in montana the department of deterior office, texas as the second largest number of federal

employees. you're going to see people privately say or way to to get it through look, you have to save us here, and he will be responsible for explaining it to trump. >> susan, is the government open by the time michael cohen testifies? >> i would say yes, because how could it not be? >> famous last words, garrett, see if you can find more senators to talk to you. panel, you guys are sticking around, what is the scope of what they can ask or can't ask them. ly talk to someone who gets to ask them questions, right after this. gets to ask them questions, right after this hings can be a big deal. that's why there's otezla. otezla is not an injection or a cream. it's a pill that treats differently.

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former personal attorney, michael cohen, is set to testify on february 7th. the first big sign that it is the democrats taking over the house. joining me now is jerry connolly. and i have a lot to talk to you about, let's start with mr. cohen. >> explain to me the scope of this testimony, you invited him, why? >> i think nobody heard mr. cohen's story in full, under oath, in public, and i think for the public to get context, they should hear him personally.

i think the time has come to hear that narrative. >> did you work in coordination with the special council's office about scope? >> it is my understanding that the committee is and was working with the special council to make sure that we're not falling into a trap and we will respect those rules of the road, and we are working with the committee to make sure their jurisdiction is respected, and perhaps closed briefings they may want to have with mr. cohen are not also compromised by the public testimony, or public questioning of mr. cohen. >> is it possible that this is a long week for mr. cohen, so he might do you guys in public and then go to intell, and then

judiciary, or is this just your ask for now. >> we don't really know the answer to that right now, chuck. right now it is just our ask, but i think she on notice that those academies have an interest as well. >> obviously there are things that mueller is not going to be able to answer. there may still be investigations. how many u how much do you think that will limit the public's ability to understand what happened. >> i don't know the answer to that in advance, but i think there is plenty on the public record, explicit and implied in this sentencing documents before federal court with mr. cohen that he can fill in a lot of bran blanks and i think the public will get a full story. >> i know i have a few questions

in my head, what are the first thing you're going to get them, get this time, and you're thinking can you fill on the gab on x, where is your head? >> i think one of the first things i would want to do is tell us your role. he was the intimate fixer for the head of the enterprise who is now the president of the united states. he is now the keeper of secrets. the good, bad, and ubly. so we want to make sure the false narrative that occurred when he flipped from being willing to take a built for this president, to being a scooptive witness, we want to make sure

the discredidation is that wul all understand how credible he is in terms of the knowledge he was privy too. tell me about your ten year working with donald trump, is there a time limit, could this go on four, five, or six hours, or is it a smaller time frame? >> i'm unaware of a time frame, chuck. we want to give mr. cohen ample time to tell his story and respond to queries and i think that will take some time. how quickly are you guys to going to calling other related witnesses to the things that cohen testifies to? is this just a one off or is this r part of a larger probe

that oversight will lead here and what does that look like? >> i think it is be part of what he says. there may be thinks that have to be referred to other committees, it may be other things that we want to follow up with. and we have to coordinate all of that with the special prosecutors so we're not compromising his ongoing criminal investigation. so i think that is yet to be determined. a lot of it determined by the testimony itself that we hear on the 2nd of february. >> you represent fairfax county. i'm not going to say you have the most government workers, but you're one of the top five. at this point would federal workers be relieved if the president just declared that national emergency and just -- this fight was punted and the

government was reopened. >> i think so, let me say i want to stipulate they, the feed back that we get they deeply resent the fact that he is using them as pawns for his political promise to build a wall. they deeply resent that. they understand that they probably could go back to work if someone simply caved and sid build a wall. they will welcome that solution because it allows us to -- that would probably be a last resort. >> one of your new colleagues in the virginia caucus, who represents a district that president trump carried, and you know she seemed to express limits of patience here. at what point do you feel as if

that no matter what you believe the president's taking hostages, he is throwing a temper tantrum, he doesn't deserve meeting you guys anywhere, at what point do you feel you a responsibility to help the federal workers. >> listen, i have been representing federal workers for ten years i have been here in congress, that is a responsibility i take very seriously and certainly during this kind of shut down, i get up in the morning and go to bed late thinking about their plight, and i have been a strong advocate for them, but i think federal employees also understand that we're dealing with a president who, to call him volatile and unpredictable is a chartable thing, and they understand the handicap they're

dealing with. it has been going on for the last eight years with the republican rule. in terms of the disparagement. >> i understand that, but there is a point that they can be frustrat frustrated. . there is pretty strong assura e assurances that there will be ret retroactive pay. and it is the indignity, the stress, the cash flow at the moment. it is the issue for federal workers. >> terry connolly, busy day, thank you for coming out and sharing your views. >> up ahead, the probing questions of the mueller report, when will it be over? maybe sooner than you think, when will we see the results?

that might take awhile. results that might take awhile [beep] 3

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. welcome back, tonight i'm on ste -- obsessed with what some people believe about what other people believe. meet this doctor who is a trama surgeon in texas. he is the vice chair of the

tarrant county republican party. he is also muslim. it is not something i would normally report, but i have to in this case because it matters. a group of republicans are trying to get him removed as vice chair because of his religion. because he is muslim. they claim that he supports sharian law. we don't think she suitable as a practicing muslim to be vice chair because he would be the representative for all republicans in tarrant county and not all republicans in tarrant county think islam is safe or acceptable. actual quote. a number of top texas republicans are backing him including ted cruz. but some believe that his beliefs may run afoul of the constitution. you know what else may run afoul

of the constitution, actually running afoul of the constitution "no religious test shall ever be required as a qualification to any office or public trust under the united states." article six, ladies and gentlemen. now, party positions are now public offices, so they can get rid of him if they want, but you know what they can't do? they can't use the constitution to justify ousting someone over their beliefs. that is unbelievable. that is unbelievable [indistinct conversation] [friend] i've never seen that before. ♪ ♪ i have... ♪

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welcome back, the white house is waging their fight with democrats over border wall and they're gearing up for a big court fight over the mueller probe. it has been a beefed up white house legal team that is preparing a very aggressive defense of trump's executive privilege. beefed up legal team includes 17

new lawyers, and they appear to be keeping the democrats and the american public from seeing the contents of the mueller report. whether or not the white house will seek to use executive privilege. some democrats have vowed to subpoena the report if the white house tryinies to keep any ports from coming out. the mueller team could wrap up their work as early as next month and a report could be ready for the attorney general to look at in march. all right, this is going to be a phrase that we're going to hear a lot in the next three months. the mueller report, it seems like we have two battles here, one will be what is in it, how

much is this like nixon tapes redocs. >> it will not be the prosecutor versus the president. the fight will be the president versus congress. and that, the president is in a stronger position in that context with respect to executive privilege, but it will be a battle royal if the president wants it to be. mueller assuming all of these stories are accurate, mueller will file his report and we will have an immediate battle over whether and how much of that report gets made public nap will -- and that will be an intense thing. >> rudy giuliani said the president's lawyers made clear they want to see the completed report before the department decides what to share with congress, because the same is whether or not they think some parts should be private under

executive privilege. is that legal? i know technically they oversee the justice department, but they could oversee the report? >> what is legal, what's constitutionally within the president's power, and what's proper, are not really the same thing here, right? the president has the power to direct the conduct of the justice department. is it appropriate for the president to be, and his lawyers, to be reviewing a law enforcement action before it is the justice department decides what to do with it? in my opinion absolutely not. rudy giuliani and i don't see eye to eye about a lot of matters of propriety about this. >> will we see someone reading it into the record? is that the kind of tactics that

congressional democrats might have to use if they get into this? if they lose the court fight? >> i think there is a question that we should ask before that, which is how is mueller going to write the report. you know he is in the same position as the rest of us. which is to say he read the washington post this morning and knows that the white house is gearing up to fight him on these grounds. he knows everything that we know, and he also knows a whole lot more which is what will be in the report. if you were bob mueller in those circumstances, here is something you might think about doing. you might think about taking all of the material plausibly covered, all of the material that is classified, all that is covered by grand jury skrecrecy and summarizing it. and when you issue your report,

the public statement is that it simply mentioned that you have a detailed report and an executive summa summary. congress goes off the executive summary first. >> there has also been some -- i would call it informed speculation, that many of these legal filings are actually little pieces, the narratives, are the beginnings of the mueller report, itself. if you start putting them all together that you can see the narrative that he will draw. is it possible that the report basically, if he has to, he can put some of the stuff he is most concerned about getting covered up in a court filing. >> there is certainly that possibility, but i think there is another possibility, too. which is that we all assume that bob mueller will write a report that is factually rich and tell us the whole story, and that is

really conditioned by the star report. he may not see that as the mission here, the regulation under which he is serving doesn't say what kind of report he is supposed to write. maybe it will be a very spare report that says i brought 38 cases, i submitted 800 subpoenas, i talked to this number of witnesses, you can imagine a very restrained report that really doesn't consider it his job to tell us the whole story of what happened. >> all right, let me put out another theory, then, what if the report is in his head, and he is subpoenaed to testify before congress. >> i think that is a very important possibility, and it is one of the ultimate weapons that mueller has. executive privilege is a great m mechanism for the president for a witness that doesn't want to testify. and wants an excuse, or a plausible legal basis and says

i'm not going to answer your questions. as jim comey showed, it is a terrible mechanism to prevent someone that wants to testify. would he assert executive privilege. and comey says you can do whatever you want. >> the report is in his head, depending on the questioning that comes forward. the white house says exerts executive privilege, does that immediately go to the supreme court. >> no, i think it is really, ultimately, mueller can show up the next day under subpoena and unless there is an injunction, he can testify in response to their question. >> so they would have to go to court and seek an injunction. >> nothing like that has happened before, so mueller's ultimate weapon here is the ability to go and do that.

>> we just outlined the mueller report will the be public. there is no way this thing gets squashed. >> i believe if there is material that mueller wants to make public, he can write a report in a fashion that will make it public. he can -- congress can litigate from the executive to make key portions public, and ultimately bob mueller can go talk about his findings. >> and that is the most important weapon he has. >> ben, thank you for making sense of this. >> thank you. >> up ahead, 2020 vision, bernie sanders faces new scrutiny and it is not about his politics. w d it is not about his politics got directions to the nightclub here.

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progressive can't protect you from becoming your parents. but we can protect your home and auto when you bundle with us. could this derail his chances of another presidential bid? take a listen to this apology? what they experienced was absolutely unacceptable, and certainly not what a progressive campaign or any campaign should be about. >> bernie sanders facing ba backlash after new allegations of sexual harassment gerchs one -- against one of his former top campaign aids. robert becker is accused of forcibly kissing a junior

staffer. the woman came forward when becker came back to her to be part of a team for another sanders presidential campaign. >> i certainly apologize to any woman that felt she was not treated appropriately and if i run we will do better next time. >> it is not the first time he has had to answer to allege against male staffers. >> and just to be clear, you seem to indicate that you did not know at the time about the allegations, is that correct? >> yes, i was busy running around the country trying to make the case. >> boy is that is a tough answer. if you can't manage a campaign, how do you manage the country snp these stories, elizabeth warren's successful early rollout, and no potential 2020 candidates had a worse start to

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time now for "the lid," i want to get into 2020 here for a minute, anyone here think that the president can successfully stop bob mueller's report from coming out? >> no, it's like water in your house, you know? it always gets through one way or another, and bob mueller is an experienced guy in washington. >> i think if there is oneless -- lesson. donald trump has trouble keeping people from telling their stories, it is something that he has not been able to stop. it only makes him look weaker. >> you can only take out small pieces, people will find away to

share their information against him. >> bernie sandsanders, if you w going to pick the worst three s elizabeth warren, and the fact that you've had to defend yourself against the perception that your supporters are very anti-woman. >> he's done. >> really? you think he's done? >> yeah. >> i was literally having this discussion with a good contact of mine who is on the campaign. i see bernie sanders launching his campaign and by august realizing won't be in the top five in iowa and dropping out. i don't think he'll get that far. >> let me put up the "daily coast." this is the straw poll. four years ago i believe in the very first one he hit 69%. he is now in fifth place. elizabeth warren at the top, 22%. not surprising. bet y beto, sanders is in fifth. these are his people, "daily

coast" thcht coast." this is supposed to be his sweet spot. >> differenter rachlt the ri er. and by the way, it's different running in a 24 person field than in a three person field which is what he had last time. >> hard to be new twice. >> bernie sand hers one great advantage in 2016 which is he was running against hillary clinton. it was the same advantage that donald trump had. now as suzanne says, larger field. still actually some support among democrats and some polls for someone new even in igs to a -- in addition to all the candidates that put their name forward. bern ji an o bernie is an old story. >> he seems like a determined guy. >> he has a lot of arrogance. iowa is ready 2,000 people strong. people forget how much democrats still blame him. there are democrats that blame him for having president trump. they think he didn't work enough for hillary clinton. you hear the stories all the

time. i think that's going to harm him. people don't want to see the past at all. they don't want biden or hillary. >> bernie is associated with the past on that front. steve king, i bring this up today because it seems as if you have at least by a portion of the republican party that is trying to get rid of this wart. people are coming out trying to get rid of him. you have a real candidate challenging him early in a primary. yet, why do i have a feeling that suddenly they're going to regret raising their expectations that they can defeat? >> you're not going defeat him if you don't challenge him. liz cheney out there criticizing -- i remember the leadership. saying these are not the values that represent the gop. >> do you realize that the targeting of steve king late in that campaign, matthew, i talked

to some strategists out there in iowa who said it actually because there sort of rally around steve king moment, it actually saved the republican governor's race -- republican and the governor's race. >> and that same republican governor is declining to endorse steve king. i think you see the republican establishment both on capitol hill and in iowa beginning to say it's time for him to go. and that's why you have a new strong primary challenge against him. >> and what happens when donald trump refuses to say anything about steve king in either way when steve king and the wink and the nod is he's not against steve king? >> well, look, the president doesn't disagree with things that steve king is saying. the real challenge in the republican party is you don't want steve king to be in your casa cortez. there are other things they want to talk about in 2020 and this year. they don't want steve king to become the face of the party. donald trump is bad enough. but you don't want that sort of additional problem. really, you know, his flirting with white nationalism and comments, they're not only

dangerous to sort of american public discourse, but they're an insult to the large number of republicans that don't feel that way. >> we didn't say what he said, white nationalists, western civilization, how did that language become offensive and then suzanne, he pushed back on and implied that the times is trying to make him look bad but you never denied the quote. he said i'm a nationalist. he is trying to say, you know, just don't pay attention to the word white. >> you don't need to make steve king look bad because not just on this occasion, he said things that are so clearly offensive. >> it does look like the party as a whole is trying to do it. will we'll see if donald trump participates. thank you very much. up ahead, when politics truly hits home. truly hits home.

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so you can do more of what you love. my name is tito, and i'm a tech-house manager at comcast. we're working to make things simple, easy and awesome. in case you missed it, the clock says it's been 19 days, 17 hours, and counting the government shutdown has gone on for nearly three weeks. 800,000 federal workers are not getting paid. pay day is midnight tonight. no direct deposits showing up. workers like robert, he's a tsa officer at the des moines international airport. >> i've been working on buying a house. i'm set to close this week. and so this is put a kink into my own plans. >> now some workers are reaching the financial breaking point. "the washington post" published an article urging people not to

take money out of their thrift savings plan. that is the equivalent of a government version of a 401(k). in cased you missed it, work is still getting done. this is one of the people doing it. he is a disabled veteran. volunteering now several hours a day at california's joshua tree national park picking up trash. >> cigar wrappers, tin foil. i can stay here for three hours and clean this thing up. >> so in case you missed it, life still does go on during a shutdown. bills come to the house, into your e-mail box. they have to get paid and, of course, mouths have to be fed. this colorado food bank is helping stock the shelves of furloughed workers. >> it's not just for federal workers, if there are any contractors, anyone connected that is affected by the government shutdown, we want to let them know that food assistance is available. >> remember those on contract are not going to get back pay. this government shutdown may be about politics but at the heart of it, there are people who are

caught in the middle of this. people whose lives are impacted. they can't buy a house in time. they have to delay that. they're getting hurt. all the while, the clock keeps ticking. so in case you missed it, everybody in washington, we're about to hit the end of day 20. that's all for tonight. we'll be back tomorrow. "the beat" starts now. >> good evening. thank you very much. we begin tonight with the news rocking the trump white house. michael cohen is ready for his john dean moment. trump's former lawyer will will testify in public to the u.s. congress. now this is in response to a formal request from house democrats. he will speak on february 7th which he confirmed in a statement late today pledging a full and credible account of the events which have transpired and knows a lot about them. that would seem to include michael cohen's knowledge of donald trump, of the donald trump organization where he work ford a decade and how the senior title and presumably some of the lies that we do already know mi