good news to everyone there. she will miss oral arguments next week for rest but will be working, simply working from home. that does it for "the beat." "hardball" with chris matthews is up next. so what's stopping them? let's play "hardball." ♪ good evening. i'm chris matthews in washington. at midnight tonight the longest government shutdown in u.s. history. here's what i heard when i called the white house before the show. >> we apologize but due the lapse in federal funding we are unable to take your call. once funding has been restored our operations will resume. >> well, with hundreds of thousands of federal employees captured in the stalemate,

president trump argued once again it's up to the congress to find a resolution. >> the easy solution is for me to call a national emergency. i could do that very quickly. i have the absolute right to do it but i'm not going to do it so fast. what we're not looking to do right now is national emergency. what we want to do, we have the absolute right to do it. in many ways the easy way out but this is up to congress and they should do it. >> absolute right. well, more than algt 00,000 federal employees missed a paycheck for the first time today. >> it really hurts. can't pay our bills, doctors, mortgages. >> it's like we're being held hostage. >> you can't pay the bills you're going toing have financial charges and the creditors may not accept it. so especially when it's me and

my wife sometimes trying to work and with her situation. >> what's her situation? >> she has cancer. it's in the hands of one person, which is our president. and hope that he can understand or sympathize with the poor. >> well, this means workers who were making it paycheck to paycheck are not now making it. the president said he'd sign a bill passed by the house insuringing federal employees receive pay back when the government reopens and offered this message. >> the message is that i appreciate their service to the country. they're incredible people, the federal employees we're talking about. i appreciate the fact they've handled it so incredibly well and many ofthem agree with what we're doing. we have no choice. >> while president trump

continues to dangle the threat and in a recent oval office meeting, white house senior advisor, his son in law quote argued an emergency should only be invoked only if it create as clear path to the white house to build a wall. kushner said let's stop doing things just to do them. well, that sounds wise. but 1 of the president's stop allies in congress, lindsey graham, is pushing the president onward. he argued in a series of tweets that democrats don't want to make a deal and later wrote mr. president, declare a national emergency now, build a wall now. that's lindsey graham of south carolina. they've directed the army core of engineer to search for the money for the wall. one pru posal could include tapping into billions of disaster relief. he can could dip into the $2.4 billion allocated for

projects in california, including flood prevention. and puerto rico which is still reing covering, as everybody knows, from maria. and former epa administrator under president bush and barbara boxer and paul stein editor for "the daily beast." sthung's holding this guy up, the president. he's been playing this for days now. i'm going to do it, pull the trigger. we're going to go, fight with the courts. i'm going toing do this by emergency action. what's stopping him? >> first and foremost who's encountering resistance within his own party, most recently today senator grassley a very powerful and well respected member of the senate leadership has said he would oppose use of this kind of military

disaster-related funding. we've been hearing for years, chris, about the real emergency in military readiness that this country faces and we've increased funding for military on a bipartisan basis to meet that real emergency. now the president is talking about taking military funding, as well as disaster related funding and exacerbating a real emergency to deal with this manufactured emergency a product of his own actions at the border and there is a crisis there,ilities rar humanitarian crisis, not a security crisis. the levels of apprehension are 1/5 of what they were in the year 2000. crime is its lowest rate where the president visited yesterday. but we face a need to continue military construction, to make our bases safer. we face a need to deal with the forest fires and emergency relief for puerto rico and texas.

and florida for their natural disasters. the president is talking about defying the law, breaking constitutional norms and princefuls and the american people are seeing through it and i think he's feeling the pressure from his own party, advisors who see the facts and law as against him. >> speaking of the mexico border, has your colleague been chewing on the local weed or what? he plays golf with them. he was with them on kavanaugh in a crazy way. why is this guy so totally whatever he's doing with trump? i don't want to get. >> to the weirdness of it. he used to be an independent operator, lindsey graham. what happened? >> he has been for many years that i've known him a thoughtful and insightful and rational legislator and a friend and i'm mystified by much of what he has to say today.

but i think lindsey graham, the lawyer, will see that the constitutional norms and the statute here would plainly be violated and court should see through the political pandering and posteringing and even the delay, which defeats the idea that we have an emergency. if there's an emergency, it would be immediate, sudden, dangerous, serious. there's no factual justification for it and i think lindsey graham will eventually come to see that there's no factual and legal basis for this kind of action and a court would and should see through it. >> well, speaking of the reasonableness of the republican party, let me get christy todd whitney. you were head of the app. some showing up for work, some not. and by the way there's seven

republicans in the house today who voted to not pay them even if they had been showing up to work. don't even pay the pay you owe them. your thoughts, governor? >> it's unconscionable to me and there's a question of those who were furloughed, whether they'll get everything back. the ones working part time, they're guaranteed to get their money back but the one whose are furloughed, it's going to take c congressional action and the president to sign a bill and he doesn't seem to care much about them right now. if we had an emergency -- if this is a crisis, i agree, it's a humanitarian crisis. but a crisis of all these rapists, murderers coming across the border, building a wall is going to take decade. so what are we doing in between? it's time to gets to the 21st century with border security. and let's not forget there was a bill passed by both houses,

bipartisan bill that would have addressed this issue and based on what the president told them he would accept and then all the sudden he changed his mind. so i understand why it's so hard to do a deal. it's amazing to me. it's amazing to me because it's very hard to do a deal with this man. >> as president trump has weighed declaring a national emergency, some on capitol hill have warned of the consequences. >> i don't think he should do that. i think it's a bad precedent and contravenes the power of the purse that comes from the elect representatives of the people. >> border security intitles him to do that. tomorrow it might be climate change. so let's seize fossil fuel plants. but my point is we have to be careful about endorsing broad uses of executive power.

>> one of the president's chief defenders in the house told the it "wall street journal," quote i don't want the next national emergency to be some democrat president says we have to build transgender bathrooms in every elementary school in america. talk about a reach. what a reach. senator boxer, it's great to have you back. government hasn't been so smooth since you left, by the way. what do you make of this? i said it's like the mclachlan group but the government. i mean this crazy guy talking about transgender has nothing to do with the border. sticking it to those folks and now the president i'm going to emergency declaration and then he seems to be getting nervous. for >> if i can say there's so much

hate in people's hearts. and when you hear someone say that just hurting people gratuitously and it all comes from the top, from donald trump who has anger and hate all over himself. and here's the thing. you and i go way back to when you worked for tip o'neale. i hate to say that was the '80s. and this is one budget item. okay. a wall. out of 10s of thousands of budget items. and the way to fix it, first of all, spend the it mun ea youall red ea have to bailed barrier. i'm sure speaker pelosi will tell you in the house when you put forward your new budget, which is coming due soon, let us know why you think the wall is the best thing to do. the fact of the matter is i voted for the secure fence act way back in 2006. that was a time when it made

sense to build the barriers. but now we have new technologies. better ways to secure the border. there's no argument over the need do it. do it in regular order. i'm sure she would say she would haveherings. they'll bring their experts and we'll get this thing done. right now there's one emergency. and that is you had 800,000 hard working americans suffering. thousands of contractors. this thing is a nightmare because he couldn't, the president, fulfill his pledge to have mexico build a wall, period. that's it. >> let me get back to senator blumenthal. you served with these republicans. they're in your room, in the cloak room. maybe not your cloak but you know where they are. are they happy with a government shut down for three weeks now? >> they are disastrously unhappy. they're hearing from the same

people all of us see and hear who are experiencinging real pain in real lives, not just the federal workers who are going without pay and they were living paycheck to paycheck. now they have no paycheck. but rippling through our economy. i spent this morning with some of the craft brewers inn connecticut whose business has been stymied because they can't get approvals and permits they need for labels. this ripple effect is creatinging havoc. and the president, i think, has to heed members of this own party who are expressing that disquiet about a vanity project and a pause line that is not way to border security. absolutely are right. we are all in favor of using

border security by using better technology and more personnel the way the israelis do it on their border. and i think he needs to heed those members of his own party who have been telling me whether it's at lunch or breakfast or wherever we gather how they are feeling growing anxiety about where the country's going. >> when is this going to go for break? are we just going to go for weeks without a government? >> there's three outs. one is the emergency order. one is a real-life event -- >> not a plane crash? >> you were getting to the point where tsa is obviously working without pay, notable long lines in airports. the third one and i guess i'm surprised senator blumenthal didn't focus on this and mitch mcconnell, he is an important operator in this saga. he could bring a bill to the floor, allow it to go to the

president, ask the president veto it and override the veto it. they voted on oo cr to keep the government open prior to leaving for the new year. so the votes are potentially there to circumvent the president. but very little pressure has been applied to mitch mcconnell. the preponderance of pressure has been applied to donald trump. >> britain has kraum well and italy had muse leany and spain had -- i mean is this a period in which the republican party will somehow survive or is this the future of your party what we're watching right now? >> well, i think if they don't make major changes and finally get backbone and say look, if there's a crisis, if you want to make us safer -- the federal koerl courts run out of money on the 20th. they're not hearing cases.

you've got tsa operators getting sick, quote on quote. i can't blame them. if they're not getting paid and have to work full time, they're not showing up. you don't have the fbi doinging all the work they're supposed to do. that's the crisis. i dont know what it will take to get republicans to finally say that's enough. everything is about partisan politics and not about policy that we just have to get over this is why what i would lover to see in the 2020 is a bipartisan ticket. democrat/republican, republican/democrat. something that says everybody has to work together. we can't go on like this and the people said that with donald trump's election but they didn't get what they wanted >> thank you. former senator barbara boxer, i remember you sitting oun your couch as a young woman saying

i'm running for senate. and sam stein, thank you. coming up prosecutors are looking into whether foreign money is in the e -- and making a splash featuring a character named trump who wanted to it build a wall. he was an out law, a sharlten. and a new kcontender jumped in race. let me finish that with my predictions for the upcome canning battle for 2020. you'll find it fascinating and it may well be true. fascinatind mitay well be true. i can do more to lower my a1c. because my body can still make its own insulin. i take trulicity once a week to activate my body to release its own insulin, like it's supposed to. trulicity is not insulin. it works 24/7. it comes in an easy-to-use pen.

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how much foreign money was funneled into the election of january 2017. two years ago. the "new york times" reports that among the guests that ceremony and the inaugural ball there, were at least a dozen ukrainian and political business figures. some were promoting grand bargains or peace plans that align would russia's interest. including by lifting the sanctions. they want to know how the pro-russian ukrainians got into the ball. however, there's another dimension. we learned this week that during the 2016 election, paul manafort not only shared pollingdate waw a russian intelligence operative, but he directed that operative to pass that to two ukrainian oligarchs. revealing that one of those who sent the polling data at trump's

inauguration. that's according to one person familiar with the guest list and another who saw him there. i'm joined by a former federal prosecutor and washington bureau chief. how does this fit in to your thinking and investigative reporting about the russian connection? >> well, we need a whiteboard and i was talking with paul earlier on how you would present this to a jury. remember the guy at the center of all this, paul manafort. he had a business partner who is a ukrainian who had ties, according to mueller, to russian intelligence. during the campaign manafort used him to be in touch with a russian oligarch, very close to putin and now we've discovered with two ukrainianall garkz who politically are associate would pro-russia policies. >> they're guys betraying their country -- >> i'm not sure whether they're

betraying russia or ukrain but they're trying to get into the trump administration. manafort is trying to use his leverage to make good deals with these guys and what is this doing prior to the inauguration? he's sending a signal that he and the trump camp, they want a deal. trump wants to deal with putin, wants to deal with russia. if are russia's going to attack, that's all good for them and then you come to the inauguration and they're funneling money in through pass throughs and one thing that we reported months ago a cousin of a russian oligarch who never made a big donation before give as quarter of a million dollars to the trump inauguration. it's one of 27 different trump scandals that we could spend the whole show on, chris.

i never bumped in to more than a handful of rugdss. 101 contacts with russians during the campaign. >> i think what robert mueller's interested in is the inauguration costs $107 million. the most in history. where did the money go? i watched part of the inauguration on tv. it didn't look like $107 million worth. he's following the money. the law is they have to report who -- >> who passed through the inaugural ball to the trump people? >> they just have to report where they get from not where it goes. to david's point is why is paul manafort, the campaign manager, reaching aught to ukrainian oligarchs with polling data? why would a campaign manager

give billionaires information about the campaign? obviously because he knows they want to help donald trump get elected and he thinks they -- they think he can do it. they don't know if he funneled this to russian inittelligence operatives. what we do know is they were very involved in states like wisconsin and michigan, where trump was not expected to win but he did. so maybe they came to the inauguration, these ukrainianall garkz to collect the debt that trump owe oed them because they helped him get elected president. >> president trump denied having any knowledge of manafort's activity. >> mr. president, did you know that paul manafort was sharing polling dottau from your campaign with the russians? >> nothing about it. >> let me ask you -- when you shared poll data, macro reason we're 1ing. the other one is inside

information how to move a state. is that where we understand a debate? we know they were playing round with the african-american vote, turned off to hillary. >> and we know the russians and research agency are targeting different aspects of the american electorate. so far i don't see a tremendously sophisticated information. manafort could -- >> so they had spotters? >> manafort could have been doing this to make his own connections or to say, as you said earlier, that we're win withing but basically he's making connections with these guys to go both ways. we can work with you afterwards and he's giving the russians -- he's giving the russians insentdive to attack the campaign. the election. he's telling them we want to work with you and that's all the more reason to intervene and medal and try to affect things

to help trump. >> so these are pro-russian ukrainians. they come to the inauguration. mueller's interested in whether they were illegally lobbying. know they were getting what they wanted from trump. right after the inauguration, he goes to the state department, goes to republican congress people and they say hell no. that's crazy. and so he abandons it. he did what they wanted him to do. >> meanwhile flynn denies he was talking sanctions. and there's a chance that even after mueller repeats his investigation, they could suppress portions of the report. now rudy giuliani is saying trump's legal team should be allowed to correct special counsel robert mueller's final report before congress and as a

matter of fairness, they should show it to them so they can correct it if they're wrong. they could be wrong. this is ludicrous. i never heard a guy say give me all of this. >> so giuliani doesn't have a leg to stand on. >> why is he talking about executive privilege anyway? >> i wouldn't be surprise fd he lets him see it before. so he can make any kind of executive privilege claims he wants. and he's not going to be able to changing the report and if he tries, because we know they're host thool russian investigation, we're protected by two ways. one, speaker pelosi can haul mueller into court and ask him did they make any changes? what were the changes? and under the law -- >> there's one big point and

that is we have no idea what this report will be. mueller is not like an independent counsel in days past. he has no obligation under justice department guidelines to produce a report telling everyone everything he found. there's one line that says you have -- he has to give a report to the attorney general explaining his prosecutorial decisions. i want you to envision him doing that in three -- or 5,000 pages. here's everything i looked at and why i prosecuted here and didn't there. we have no clue. >> why is that important? we want to know what he could have been proven to do wrong. >> because people are looking at mueller as if he's going to give us the bottom line truth about what happened. he's a prosecutor. he tries to find crime and make cases. it's up to congress or an independent commission to give us the full truth. he may try to do this somehow

and there may be a fight about what happens but there's no guarantee that -- >> well, i'm a big believer that's what prosecutors should do. >> and i've had good cases but this is the most kaungs kwengsal investigation of a politician in our history. and so there's no way mueller can say i'm not going to charge a president. see you later. he's got to have a full report that explains to the american people what we already know that they tried to steal the election and exactly how the trump campaign was involved in that effort. >> he can indict and threat courts decide if it works. anyway, thank you. up next, a conman named trump, yes, convince as bunch of people to build a wall to keep an imaginary threat. it's an uncanny case of history imitating art. you will not believe what you watch coming up.

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tell your doctor about your medicines and if you're pregnant or planning to be. otezla. show more of you. he says the world is going to come to an end? >> midnight tonight. >> where's he from? >> drove in this morning. wagon out front. >> got a name? >> trump.

>> well, he's use tootd saying don't ajsz your television. that was a clip from a 1958 television show. cbs news archives has the episode airing may 9th of that year, 1958. in this episode, walter trump rides into a texas town selling himself as the only person who can save the town from total destruction. >> i bring you a message. a message few of you will be able to believe. a message of great importance. a message i alone was able to read in the fires of the universe. but be not afraid, my friends. i also bring you the means with which to save yourselves. >> well, president trump has used similar language of course. >> nobody knows the system

better than me, which is why i alone can fix it. >> well, trump, the charlton from that 1958 show sells the idea of a wall, a wall to a captive audience of towns folk afraid of death and destruction brought on by a meteor shower. >> i am the only one, just me. i can build a wall around your homes that nothing will penetrate. >> what do we do? how do we save ourselves? >> you ask how do you build that wall. you ask and i'm here to tell you. this is your -- >> sound familiar? anyway. faced by a skeptical texas ranger, trump pushes back. >> this is commonsense. they need a barrier, a wall. if you don't have it, it's nothing but hard work and grueling problems.

and by the way and death. and death. a lot of death. >> and here's our president, donald trump. i think we already showed that. let's go. here's our president. okay. we've already shown it. faced by skeptical texas ranger, trump pushes back. >> all right, sheriff. how long you going to put up with this? >> what do you mean? >> how long you going to let the conman walk around? >> walter trump also makes it out of dodge except for that one upstanding and stoic lawman who stands in his way. >> i think you ought to wait. >> you and i disagree. >> you're under arrest, trump. >> what charge? >> well, you write it anyway you like. grand theft, fraud. i think a jury will find it stealing.

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first question there's been an awful lot of tack about you running for president. >> i'll make it soon. >> okay. >> welcome back to "hardball." that was kamala harris in california. this morning continued to keep us all somewhat in the dark about running in 2020. but the senator has did answer why she would want to be president. >> i believe our country wants

and needs leadership that provides a vision of the future of our country in which everyone can see themselves. >> she's one in a crowded field of democrats mewling over the decision and today another candidate of hawaii announced she is getting into the races. >> i have decided to run and will be making a formal announcement within the next week. >> well, two other senators of new york and ohio are planning trips to iowa in the coming weeks and beto o'rourke is receivinging late night laughs while getting his teeth cleaned. >> itb looks like he didn't understand what his advisor meant when he said all the kids are flossing. what's next? ked cruz checking his beard for tick talk? come on, man. how can you call yourself a candidate when you voted in the

gulf of mexico? >> good question. >> for more, i'm joined by the "hardball" round tonight. former director of strategic communications and as of today, this very day an msnbc contributor, congratulations and a republican political consultant. you have to do the front page "u.s.a. today." so how does the race look as far as participation? >> for the first time in history we're going to have more candidates than toes. more than 20. and i think the previous record is 17. but you can count two dozen credible democratic candidates and it's hard to see any of them not running. there's no sense of question about whether kamala harris is running. she's runnering. >> it seems to me no matter what we say about equality of opportunity, there's going to be polls.

a poll some time in april or may that's going to tell us what this field looks like, right? >> of course. >> it's only going to be four or five people anywhere close to double digits. >> i think you're going to see democratic voters flirt with candidates. i think you're going to see a couple tier two candidates mover into the tier two space. i think he could viably move into a tier one space. >> is there a moderate rail? is there a lane for moderate and a lane for progressive left? >> absolutely there is. i think an imporbtant thing to point out. there was an op-ed in the "washington post" where he was catering to the middle of the part a e. some people are going to have to get votes for the moderate ring of the party.

it's going to be one of those primaries where 60 or 70% could be a big chunk of what primary voters, who they're supporting. >> apparently there's only a few people that can run national campaigns. they're grabbing those top talents. >> they're also going to be grabbing donors. it's a very complicated process and i think democrat cans have to be careful because each of the candidates are going toing have to figure out a way to distinguish themselves from the next person. we had two different debates. how do you have a debate stage with two different candidates? i think this is good to give people an opportunity, i think it can be a complicated process that may ultimately some viable or good candidates. >> meanwhile president trump remains adamant about declaring a national emergency over a border wall. here he is.

>> the law is very clear. i mean we are the absolute right to declare a national emergency. this is security stuff. this is a national emergency. if you look at what's happening. >> well, some republicans are saying it would be a mistake. >> i don't think he should do that. i think it's a bad precedent and it contravenes the power of the purse that comes from the elected representatives of the people. >> he is going down oo road that i think eroads those clear lines of authorities between the three separate but equal branchs of government. >> think its less powerful than winning this fight. >> i think that's an action that would be taken in the most extreme circumstances. >> usual suspect. you want someone to take a shot at trump? >> a little larger than it used to be of people willing to

distance themselves from trump. of republicans saying don't do that. if you let trump do this now and support him, what are dwrou going to do when you have a democratic president who wants to save climate change? >> next thing you know democrats will do something on transgender bathrooms or something? what a reach. >> what do you want me to say? >> he's a clown. >> look. i think going back to what susan just said you're seeing a more expansive group of republicans willing to criticize donald trump. the fact nute gingrich said i don't think he should declare a national emergency. chuck grassley, these guys don't like -- they don't want to own this. dount want to own this problem. and someone is telling trump not to do this. maybe it's jared kushner. >> look, i think it shows just how disconnected the president is from every day people.

he doesn't care about struggling people who live paycheck to paycheck. i was reading reports earlier today of one example of a federal worker selling her car to pay her mortgage. what about those who can't put gas in their car and pay their rent? what do you tell the person who owns the car? can i'll pay you next month? that doesn't work for people living in the real world and going to show you how horrific this presidency has become. i think he's probably cemented himself as the worst president in the american history. >> that's a quote. mike pompeo was supposed to lay out the trump decision for the middle east and instead he repudiated barack obama's foreign policy. >> what are did we learn from whether of this? we learned when america retreats chaos often follows, when we reject our friends, resentment

builds and when we partner with our enemies, they advance. the good news, the good news is this. the age of self-inflicted american shame is over. >> now pompeo announced the trump administration's own retreat of american forces from syria against ally's wishes while praising saudi arabia whose government has been implicated in the murder and dismemberment of a journalist, jamal cushowing ea. khashoggi. >> president trump has made the decision to bring our troops home from syria. we always do and now is the time. saudi arabia too has worked with us to counterweight expansion and regional influence. >> so what's the trump doctrine? >> don't worry about human rights. you can murder a journalist who works for an american news organization and apparently pay

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[indistinct conversation] [friend] i've never seen that before. ♪ ♪ i have... ♪ we're back with "hardball." >> the senate race republicans are worried about is in can kansas which has not elected a democratic senator since 1932 and the one they're trying to recruit to run the gop, mike pompeo. and the former kansas congressman.

fascinating. >> weave are rr been talking about the dnc debate process. how are we going to handle this with 20 something candidates running? they'll be submitting further guidelines on how this is going to take place. and that includes fund raising and polling. it will be grass roots fund raising and polling will be a factor as well. >> the economy is slowing down, particularly the housing market. the president of jenny may abruptly resigned out of nowhere, so it's going to be intriguing to see how that could impact the housing market going forward, particularly how we think about the slowing of the economy overall. >> thank you. when we return, let me finish with my prediction to the upcoming democrat battle for 2020. ocrat battle for 2020 ♪

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sthoets let me finish tonight with a little fun. i think we could use it this 20th night of the government shutdown, the 20th night of him slamming the door to his room saying he won't come out until he gets his way. so i'm going to do what i love to doing.

i'm going to predict this battle to take on president trump in 2020 is going to start strong with elizabeth warren winning in the iowa caucuses and then she'll be chal lenged by kamala harris. and there question is if there's a third candidate that can come in third and still have the it money to chalange the two frontrunners? is it joe biden? is it former new york mayor, michael bloomberg, is it beto o'rourke? will it be decided fast or over time? or will the democratic voters take their time. and what makes this contest so vital to american history is the 2020 election is so winnable for a democrat. and so losable. i can imagine every candidate showing interest in the race beating trump and i can imagine

every one of them losing to trump and the odds are on the democrats to win. and that's "hardball" for now. "all in" with chris hayes starts right now. tonight on "all in." >> you can name it whatever they can name it peaches. i don't care what they name it. >> trapped president spins his wheel. >> they say wheels are medieval too. but some things don't change. wheel walls. >> why some republicans are begging for a emergency bailout as the suffering continues. then as some in steve king's party rebuke his words. >> i'm going to do the two-minute drill on king's wall. >> why are they still reviewing his policy? the republican reckoning with steve king's wall. >> we can't shut that offic