>> that felt like more than an hour. i'm congratulating you as accepting the role for chris christie's campaign manager. that will be fun to watch. >> thanks to you at home for joining us this hour. rachel has the night off but will be back tomorrow. we'll dive in tonight into this remarkable stand off that continues in the state of virginia where the governor has been facing increasingly wide spread and adamant calls to resign and who is frankly been expecting to resign any minute for three days now. this started on friday when a right-wing news site published the 1984 medical school yearbook page of governor northam alongside some 25-year-old northam was this photo of a person in black face next to a person in a kkk robe and hood, neither person was identified on the page and no explanation for

the photo was given. governor northam put out a paper statement apologizing for the photo saying the decision i made to appear as i did in this photo and for the hurt that decision caused then and now. well, when it quickly became clear that wouldn't cut it, the governor put out a one-minute video apologizing, taking responsibility and pledging to work hard to regain the trust of virginians. but the calls for northam to step down continued to pace and from within the democratic party. several democratic presidential candidates called on northam to resign and so did the naacp and the black caucus had a meeting with northam late friday night that did not go well because they left that meeting calling on him to step down. as friday night turned into saturday morning, the question seemed to become not if ralph northm would resign but when. when word came the governor was

planning a press conference, everyone asuchlsumed it would bs resignation announcement but suddenly, it wasn't. virginia governor ralph northam stepped to the podium and said actually, the photo wasn't of him. that he had studied the photo and racked his brain and talked to his med school friends and used some sort of facial recognition technology and it was not him and hence, he would not resign that prompted predictably baffled questions from the assembled press. >> if you knew it wasn't you, why not say that publicly? >> allen, i didn't know at the time. there was so much happening, but like -- >> why didn't you know? you said you saw the picture and said that can't be me. why not say that first? >> well, because my word is important to me and my first

intenti intention, allen, was to reach out and apologize. when this broke yesterday afternoon, there were just a lot of people calling and i just felt like i needed to talk to them and to put out a statement that this is unacceptable to have a picture such as that in the year back on my page and so that's why i started reaching out to people. >> you can do that without saying that is me in that picture, though. >> it has taken time for me to make sure that it's not me, but i'm convinced, i am convinced that i am not in that picture. >> northa m's first go at an apology wasn't terrible. he did acknowledge having done something harmful. he did seem to say the right things and suddenly, the next day he didn't. it's just weird. how could he not have known that a photo on his medical school year back page wasn't of him? why would he admit to being in a photo in black face standing next to someone in a klan uniform or in a klan uniform

standing next to someone in black face if neither photo was him? if he wasn't sure it was him or could be him, what does it say about the things ralph northam was up to in 1984? if you're old enough to remember 19d 1984, think about this. he had something to say about what he was up to in 1984 and this is part you might have heard about. this is the part of saturday night press conference that made you spit out your coffee if you were watching it live. to be clear, this that you're about to hear is not ralph northam responding to an allegation or being confronted with evidence of something he did, this is a story ralph northam brought up unprompted explaining why he would not be resigning. >> my belief that i did not wear that costume or attend that party stems in part from my clear memory of other mistakes i

made in this same period of my life. that same year, i did participate in a dance contest in san antonio, in which i darkened my face as part of a michael jackson costume. i look back now and regret that i did not understand the harmful legacy of an action like that. i had the shoes. i had a glove. and i used just a little bit of shoe polish to put on my cheeks and the reason i used a very little bit is because i don't know if anybody has ever tried that but you cannot get shoe polish off but it was a dance contest. i had always liked michael jackson. i actually won the contest because i had learned how to do the moon walk. >> you said that the competition in san antonio was dance competition? >> yes. >> you danced the moon walk? >> that's right. >> are you still able to moon walk? >> inappropriate circumstances.

>> my wife says inappropriate sis circumstances. >> i don't know there are ever appropriate circumstances for the governor to do the moon walk on national television, these are not them and any chance ralph northam would win back the support of democrats that abandoned him or those on the fence, that press conference was probably the end of it. on friday, this is before the press conference, virginia's u.s. senators tim kaine and mark warner, u.s. senator mark warner had said only that northam should consider how to move forward and on saturday they called him after watching the press conference and said he should resign. douglas wilder, the former african american glove nor over on saturday morning the choice of continuing an office was ralph northa m's to make. by saturday dinner time, he said it's difficult for anyone that watched the press conference today to conclude that he has any other choice but to resign.

the virginia legislative black caucus, which had already called for northam to resign on saturday turned it up to an 11 saying their confidence in northa m's ability to govern is eviscerated. he went and scored on own goal saturday instead of the apology, he wrecked his own story. i mean, here are the front pages from the richmond, virginia times dispatch from saturday, i'm sorry, from friday to saturday. not a good look. and we were left with this. is he lying? is he a racist? he a racist? but in a certain way democrats in virginia and beyond may have more or less been feeling like they don't have to grapple with such questions because in purely political terms, the potential damage that a ralph northam implosion can cause is limited because the thinking is once

ralph northam leaves office, however long that takes, his place would be taken by virginia's lieutenant governor, a young accomplished african american democrat seen as a rising star in the party justin fairfax. justin fairfax is the reason it's been particularly easy for democrats to call for norta m's ouster which is why it has the potential to throw the state's politics into further chaos. the same online right wing news site that published the page late last night published an allegation of sexual assault against justin fairfax dating to 2004. it was second hand and relatively non-specific and might have remained an uncorroborated allegation floating around the right wing blog but justin fairfax then put out a statement saying that the washington post had looked into this allegation a year ago and had been unable to corroborate it, which prompted "the washington post" to publish its

own story confirming that it had in fact looked into the allegation and quote, found no similar complaints of sexual misconduct against him without that or the about toy to co-on rate the woman's account in part because she had told no one what had happened, the post did not run a story. end quote. today the lieutenant governor spoke to reporters for about ten minutes and said the encounter at the 2004 democratic national convention was consensual and declined to call on ralph northam to resign and said he's in a unique position and wanted to remain circumspect. a political pact supports him and suggestions ralph northa m's team might be behind this allegation as a way for northam to sure up his position by making his presumed successor

less appealing. justin fairfax artfully dodged if this was true. >> it was said you believe the governor's team is spreading misinformation about your team. can you comment on that, please? >> collective pac made it's statements -- >> do you believe it? >> i don't know precisely where this is coming from. we've heard different things but here is the thing, does anybody think it's a coincidence on the eve of my being elevated, that's when this uncorroborated smear comes out? does anybody believe that's a coincidence? >> as of tonight, ralph northam is still the governor of virginia. every prominent democrat is on the record saying he should go. this has been a stand off for three days. what does it mean the guy everybody assumes will be the governor of virginia any minute is facing an allegation of a different kind and what happens if the guy who is still governor and democratic party is united

in saying has to go won't go? all right. joining us now is virginia state delegate sharnel herring. good to have you with us tonight. thank you. >> thank you for having me. >> look, it's been a crazy three days. what was your first reaction when you saw the photo in governor northa m's yearbook? >> i was horrified and painful to look at and shocked, absolutely shocked. >> you called for governor northam to resign. you called for him to resign after he said he was not in the photo. i assume nothing the governor said, the printed statement on friday night and video statement on friday night and the unusual press conference on saturday swayed you. >> nothing swayed me. in fact, it makes me even more sure he needs to resign. people are waiting to move on, and each day that goes by is painful for virginians. painful for the delegates of my caucus and legislature who are fighting for the values that we

believe in, and he is serving as a distraction now. >> delegate herring, were you there? >> no, but the governor gave me a call while he was on the road. >> what did he say? >> he was sorry. that was him in the picture. i said what are your next steps? he said i'll issue a statement and go on the camera to apologize. >> is there anything he could have said that would have called for you to not call for his resignation? >> no, because of the painful history of african americans in this country and especially here in virginia, this is the 400th anniversary of the state legislature, 400 years ago slaves were brought to the shores of the commonwealth of virginia. i've had a personal experience with a cross burning on my car with my family when i was a child. there is nothing he can say to

me that would say it would be okay because that history run ss deep with so many african americans. we lose the trust of the people when you have that past. >> having grown up and understood it's complex and in many cases racist history, is there anything that can cause you to say that maybe in 1984 it was different than it is today? >> not a darn thing. that was in '84, i was in high school and in 1984 douglas wilder was running for the governor of the common wealth. that's what i remember in 1984. things weren't different. that wasn't historical election. and race relaltions and my own personal experience, it wasn't a different time. we're not talking about the klan

that happened after the civil war. we're talking about 1984, a modern term. >> if governor northam stepped down, the next would be justin fairfax. what do you make about this allegation that's been made against him today? >> it's too early. i know that there is an allegation out there. we're waiting for the facts to develop. right now, as i know, all i know is the hearing now, we have a governor whose lost the trust of the people of virginia, and we are in the middle of our legislative session, and we've got important issues to address like sex trafficking, what to do with the budget, what are we going to do for virginia taxpayers. that's one of my focuses. >> virginia state delegate cahrnil herring, thanks for being with us. >> thank you. larry, good to see you.

you didn't hold out hope the governor would make it and whether he was in the yearbook party in your evaluation of what he has to do next. >> no, i just don't see how he survives and some people in and around the capital who are have color toes, the governor except virginia, the debate now at least with people and talking about giving him some space and time to adjust. we're not talking months, we're talking about a short period of time and at least put his stamp on the sllegislature because it

in mid session and ends february 22nd of this month. no, i haven't changed my mind and it's not because ralph nort northam is a horrible person. he's a good person. he's been a good governor, but this is -- glohis predecessor, put it best. this is no longer about ralph. it isn't. it gone way beyond tim. that's what is critical. >> so whether he decides he wants to take days or weeks to leave office, if the delegates or if the democratic party in virginia doesn't see eye to eye with him and sounds like they don't, what can they do? >> what they can do is to put pressure, i suppose, psychologically on him. he's already had one college withdraw an acre cemented the invitation. >> william and mary? >> that is correct.

there are a number of legislatures, i've been told who will not meet with him if he stays in office. it's difficult to be governor if legislatures won't talk to you. it's difficult to be governor if you're hunkered down in the govern governor's mansion like lbj at the end of his term or nixon during watergate. tough to govern. ralph northam has the mind and takes awhile to adjust and he'll do the right thing. >> a number of people have said tonight that with justin fairfax, lieutenant governor being second in line and the allegations made against him, a number of people said they don't want that influencing how they think about what has to happen to ralph northam. for democrats in virginia, it suddenly becomes important. on friday night the argument was justin fairfax is ready to go. this is a young accomplished man who is in a position to take on the role of the governorship if

ralph northam has to leave. do you believe now this allegation of sexual assault is going to damage that plan? >> no, i do not. it may damage to some degree his popularity. we'll have to see how it plays out. the newspaper that is investigated it pretty thoroughly and many months ago said there is simply no way to corroborate the women's story or justin fairfax story. we have this principle that a person is innocent until found guilty, and i think that applies even to lieutenant governors. i don't think it will damage him, if and i know of nothing, and i don't think there is anything but if additional da damaging information or accusations came out, the flu in this theory this is cooked up by steve bannon and breitbart, although i can believe anything, the theory is they are the ones behind this. the problem with that theory is the person next, next in line behind fairfax to the

governorship is democratic attorney general mark herring, no relationship to delegate harry. you still get a democratic governor. >> mark herring was the person who justin fairfax lost to when he ran for attorney general and then he became lieutenant governor. larry, always good to see you. thank you for joining me. >> thank you. >> the director of the university center for politics. >> much more to get to, the president's legal troubles are expanding. federal prosecutors subpoenaed documents for the committee that put together trump's inauguration and one of the reporters that broke the story joins us next. reporters that broke the story joins us next. nyone wh- uh uh - i'm the one who delivers the news around here. ♪ liberty mutual has just announced that they can customize your car insurance so that you only pay for what you need. this is phoebe buckley, on location. uh... thanks, phoebe. ♪

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this is the inauguration for you. donald trump's inauguration of 2017. if you got claustrophobic like i do in big crowds, this was also the inauguration for you apparently or if you don't like particularly well-known bands or a big fan of d.j. ravi drums, that would be the inauguration for you. donald trump's inauguration

defied all rules of nature. it was twice as expensive as president obama's inauguration and half as dazzling. the trump inaugural fund raised a record-breaking $107 million, most of that was spent but where the money went and to whom remains an open question. despite promises there would be a full and clean external audit of the inaugural committee finances, it's not clear that ever happened. back in december we learned federal prosecutors were investigating whether the com t committee misspent some of the $107 million it raised from donations. at that point, the criminal probe by the manhattan u.s. attorney's office was in quote early stages reportedly they were looking at whether foreigners illegally funneled donations to president trump's inaugural l cocommittee and specifically, whether people from specific u.s. nations used

draw donors to disguise donations to the funds. the federal prosecutors in this story are base in manhattan, these are separate and apart for those who work for special counsel robert mueller and russia investigation. this is a different investigation. back in december the reporting called this criminal investigation in the early stages. tonight we have breaking news because that investigation appears to be in full bloom. multiple news organizations reporting tonight that federal prosecutors in new york reached out today to president trump's inaugural committee. the committee was served with subpoenas that and ordered to turnover documents about its donors, finances and activities as well as quote any benefits handed out including tickets and photo opportunities with the president, federal disclosure filings, vendor contracts and more. this is coming out of the southern district of new york's public corruption section. totally different from the russia investigation.

it's worth remembering that donald trump's long-time personal attorney michael cohen and the trump organization's chief financial officer allen weisselberg have both been cooperating with the same federal prosecutors in addition to rick gates, a trump campaign deputy who also worked on the inauguration. so it's not clear where this is coming from but they got a lot of people that might be telling them something about the inauguratio inauguration, among the documents prosecutors want is anything regarding donations to the committee made by or on behalf of foreign nationals. joining me now is rebecca, one of the "wall street journal" reporters who has been on this story. rebecca, thank you for joining us on such short notice and thank you for your reporting on this. >> thanks for having me. >> first of all, the southern district of new york is looking for these documents. do you have any indication whether the committee is willing to hand them over? >> it seems that they are. the committee put out a

statement earlier tonight saying they just received the subpoena and reviewing it but it was their intention to cooperate. >> the subpoena coming from the southern district of new york makes people wonder whether it's related to or over lap with robert mueller's office and investigation. do you know about that? >> well, we know that mueller has one point in looking into donations for the inaugural fund for foreign nationals. it's not clear to us whether that's on going or referred to the manhattan u.s. attorney's office. we know that this investigation into the inaugural fund grew out of the previous investigation into michael cohen and his business dealings among the records that were seized in the april raid of his properties was a tape of him having a conversation with an advisor to the inaugural about her concerns that some of the money was being misspent. we know those are the origins of the investigation. >> let me ask you this, what are

they looking at? there are a few questions, the fact it was really expensive but didn't seem to look like something that was as expensive as it would be so is it money that's being funneled places and a question of just following that money or is the bigger concern whether foreign officials, foreign governments could have been using this as a way to influence donald trump or gain favor with donald trump? >> well, our take away from the subpoena that we review tonight, their investigation appears to be really broad and seem to be looking at every part of this. they ask for documents related to, as you mentioned, any foreign nationals that donated or discussions of possible donations from foreign nationals, but they also ask for records related to any direct payments from donors to vendors, which would have allowed donors to effectively not give disclosure rules. rake gates, which was the deputy chairman on the inaugural l c e

committee was asking several vendors if they would be willing to accept payment directly from donors. the other thing they are asking for is any records related to one donor in particular, a los angeles based finance and a long-time democratic donor who in december 2016 donated $900,000 to the trump inaugural committee. he's also someone that once registered as a foreign agent on behalf of -- this is interesting this is the only donor they single out. >> we know of one person in the past said they donated money, a straw donor and representing a foreign national who wanted tickets to inaugural levents. we know some of that activity

took place. >> that's right. we saw last year in august some patton pleaded guilty and was a straw purchaser so a prominent oligarch could attend the nomination. that's one part that started to come out. >> an interesting development, rebecca is a reporter for the "wall street journal." still ahead, why some of the intelligence professionals responsible for briefing the president say he's endangering the nation by ignoring them. stay with us. the nation by ignoring them. stay with us (boy) got it. (dad) it's slippery. (boy) nooooooo... (grandma) nooooooo... (dad) nooooooo... (dog) yessssss.... (vo) quick, the quicker picker upper! bounty picks up messes quicker and is two times more absorbent than the leading ordinary brand. (boy) hey look, i got it.

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diego garcia, just 12 square miles in size due east of ken yar -- kenya. it's a pretty fish territory, beautiful one at that. the brits let america keep a military out post there. it's an air base and naval support facility. it is far flung as these go. it takes two days of travel on multiple planes to get our troops all the way to diego, garcia. they say it provides support to the forces deployed around the indian ocean and in the persian gulf. and that's about it. the navy is not all that outspoken about the operations on tiny little diego garcia.

this is the entire description of their setup. it's been called the navy's best kept secret and today we found how tight that secret is apparently kept because not even the president seems to know what is going on over there. "time magazine" is out with this remarkable piece laying out in pain staking detail how the president has been ignoring his intelligence briefings. senior intelligence officials tell "time magazine," the president is endangering american security with a stubborn disregard for their assessments. one of the episodes of stub bbo disregard was with garcia. in preparation with british prime minister teresa may, the subject turned to the territory of diego garcia. it's home to a u.s. naval

support facility central to america's ability to protect power in the region, including in the war in afghanistan end quote. after that briefing, the president wasn't interested in the troops on the base or war in afghanistan and probed two questions, they were quote are the people nice and are the beaches good? this expo say from "time magazine," the intelligence community sounding the alarm how the president is not only uninformed but uninterested in details krcritical at the natiol security. it is a terrifying portrait but perhaps not a complete surprised when paired this with. the news outlet got hold of the priva private schedules and show the president spent 60% of his time in quote unstructured executive time. which is code for watching cable news and talking with his

supporters on the phone, which is extraordinary on its face and mind boggling to see in black and white that the president spends most of his time not doing his job, also, just as remarkable is that we have these schedules in the first place, the president's private schedules are called private for a reason. they are not supposed to be leaked to the public. since the president took office, there have been a stunning number of leaks from this white house from intelligence professionals in particular sounding the alarm about the threat that the president poses to national security. there were leaked transcripts with foreign leaders and the anonymous op ed and the report about the unsecured cell phone and the leak about the fbi investigation into whether he's actually secretly a foreign agent. more recently, there were reports about the handling of a security clearance for the

president's son-in-law jared kushner and how the president went to great lengths to hide his conversations with vladimir putin. those are not the kind of details that we the public are supposed to know. high level intelligence is meant to stay a secret. what are we supposed to do with this information? joining me now, the chief operating officer on law fair and also a former intelligence officer and briefing under former president's george w. bush and bill clinton. it's great to have you with us, thanks, sir. >> thanks. >> you used to be a keeper after classified intelligence. what do you make of high level secrets spilling out into the press? the schedule and all of those other things i articulated 1234. >> it's surprising. the level of trust and loyalty the white house gets, not to mention others in the executive branch is usually enough to prevent this but let's be honest, most of those things you cited were not top secret

classified information. something like the president's schedule is unclassified. it may be sensitive but the kind of leak freaking about classified information getting out isn't about this. these are things that are the way the president does business. they are shocking and it's the kind of thing we don't see in most administrations but it's not the same as information leaking out from the intelligence afgaiencies about sensitive collection overseas. thankfully, we're not seeing waves of that. >> got it. here is something interesting, the idea that the intelligence briefers are concerned how he consumes information or doesn't pay attention to it dove tails with what we saw last week with the intelligence chiefs at their yearly testimony before congress. suggesting things that are not in keeping with what the president thinks of as national security priorities. so on one hand, is he at odds with the intelligence community or is he just not in touch with what the community is trying to tell him? >> both can be true.

this is a unique president with how he approaches intelligence. this is the first president that the intelligence community had to deal with whose departure point is not the truth. he goes from his belief first. that's a real challenge for an intelligence briefer because the cardinal rule of intelligence briefings is you tell the president what reneehe needs to and if that conflicts with a belief, that's a challenging briefing. let's be honest, he's having at least some of these intelligence briefings. two years ago if you asked professionals if the president would still be sitting down with people whose only mission is to tell him the truth whether he wants to hear it or not, most people would have said there is no way trump is going to be putting up with that and yet, something is working. there is something about these briefings that gets through to him. we don't know what it is. >> it may -- >> we hope something does. >> it may be everybody is adapting to the way he consumes. presidents have consumed

briefings differently. >> oh, yes. >> some read that the presidential daily briefing that is given to them and asked questions based of it. some are briefed in person daily. what do we know about donald trump and how he consumes and how that compares to other presidents? >> yeah, it's funny. donald trump in his pattern of receiving intelligence briefings is most like two presidents that he probably would not like being compared to. and that's bill clinton and barack obama because both of them received in person intelligence briefings from intelligence officers for their daily intelligence but didn't get it daily. they got it a couple times a week on average. there is a key difference, we have no evidence donald trump is reading the daily brief on the days he's not getting briefings or engaging with security staff and presidents clinton and obama and all previous presidents spent a lot of time either reading the presidents' daily brief, if they didn't take oral briefings and talking about it with their national security advisors and other senior

officials. we're missing that in the trump case. we haven't seen any reporting that's the case and almost exactly a year ago, "the washington post" reported that in fact, the president was not reading the presidents' daily brief on those days when hes isn't getting the in person briefings. >> remarkable, david, thank you for sharing insight. the chief operating officer of law fair, a former intelligence officer and daily briefer at the cia. appreciate your time tonight. >> welcome. >> stay with us. our time tonigh w>>elcome. >> stay with us. to be nobody but yourself in a world which is doing it's best

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new or worse depression, unusual changes in mood or behavior, swelling, trouble breathing, rash, hives, blisters, muscle pain with fever, tired feeling, or blurry vision. common side effects: dizziness, sleepiness, weight gain, swelling of hands, legs, and feet. don't drink alcohol while taking lyrica. don't drive or use machinery until you know how lyrica affects you. those who've had a drug or alcohol problem may be more likely to misuse lyrica. now i have less diabetic nerve pain. ask your doctor about lyrica. president trump described his border wall in a number of different ways. he called it a fence and said it artistically designed steel slats and referred to it as peaches but regardless how the president might describe it, americans do not support it. according to a poll out today, 6 60% say they oppose major construction of border walls along the u.s. pex meximexico b.

that number ticked up. trump is losing the p.r. war on this one and as he gears up for his state of the union tomorrow evening, here is another number worth noting. the vast majority of americans, 81% favor a path to citizen ship for undocumented immigrants living in the country. public opinion is not on the side of the trump administration with immigration policy and that's before democrats in the house have even started putting the trump immigration policies under a microscope like they are about to starting this week. this thursday. democrats on the house energy and commerce committee will hold a hearing entitled examining the failures of the inhumane family separation policy. it was anounlnounced the house judiciary committee will hold a hearing on the policy in a blistering statement, democrats on that committee said that quote, there has been little oversight of the role that the departments of homeland security, justice and health and

human services played in creating and implementing a policy that resulted into thousands of children being separated from their parents at the border. it is clear that the departments were either incompetent or gr s grossly negligent in the policies implemented. it is time for a full accounting of this shameful policy. today's announcement comes in the wake of a chilling court filing submitted late friday. administration now questions whether it is even possible to find all the migrant children who have been separated from their parents or guardians at the u.s. mexico border. in addition, administration does not dispute an inspector general report that says thousands more migrant children may have been separated beyond the 2700 children who were removed under the trump administration zero tolerance policy in 2018. in a court document, a top

official with health and human services says even many tracking down the separated trichildren e within the realm of the possible, her office does not have the resources to do it. perhaps even more jarring, the trump administration argues that removing these children from sponsor homes to rejoin their parents would quote present grave welfare concerns, saying that such a move quote would destabilize the permanent of their existing home environment and could be traumatic to the children. the aclu's lead attorney said the trump administration's response is a shocking concession that it can't easily find thousands of children it ripped from parents and doesn't even think it's worth the time to locate each of them. joining us now, aclu attorney in addition to being the lead attorney in the case, he's the deputy director of aclu's immigrant's rights project. lee, great to see you. >> thanks for having me.

>> one of most stunning parts of the filing, administration says thousands more children may be separated at the border. i find it hard to believe in 2019, all we are able to do that the government says they can't track these kids down, they can't rejoin them, reunite them with their families. the parents have been in many cases expelled. how do you make sense of this? >> i don't think you can make sense. you're right. it's stunning. i think it's stunning in a lot of respects. first of all, we're a year into this litigation and now we find out not from the government but from an internal report that there may have been thousands, thousands of other kids separated. the government is conceding that they are not sure where the kids are and probably most stunningly, they are saying it's not worth trying to find them and that it could be bad for the kids to reunite them with their parents. that's untenable. >> that's a very strange argument, right? >> yeah.

>> the argument that it's in the children's best interest they are not returned to their parents and remain in sponsor homes. courts in america have not usually held that. >> no, held that. >> absolutely not. the government is acting as if these are parents who put their kids up for adoption decades ago and now want to reinsert themselves in the lives of these children. these were children who were ripped from their parents' arms literally within the last year, 18 months, and now the government is saying, well, maybe the children don't really want to see the parents anymore. it's a stunning argument. for the united states government to say, well, we don't want to dedicate the resources to try to reunite these families we separated, and that it's probably not worth it, i mean, that's a remarkable statement. >> we just got an announcement we're going to send 3500 more troops to the bored erder. that could be money used for these children. >> that's right. the house and senate committee

will be holding hearings on family separation. that's an important first hearing on family separation. as you mentioned, there will be other hearings, but this one on thursday, i think, is critical that the members of congress really press hhs and say, why isn't it worth it? why can't you find these kids? why in america are we not going to try to find these children? >> i believe you're going to be testifying on thursday at that hearing. >> i will be. i will be. >> you'll be back in court on february 21st. what does success look like to you? >> i think success looks like the judge saying, look, these children were separated under the same basic practice. they're part of this case, ask now let's figure out a plan for finding these children, and if there's going to be that long a period where we can't find them, then let's at least start prioritizing. the kids that were sent to foster care, let's make them the first priority and move through it. but by no means can we just throw up our hands and say, we're not going to look for

these children, that's it. yeah. >> lee, thank you for doing what you're doing. lee gelernt is executive director of children rights projects. thank you. >> thank you. up next, the latest in our legal history. stay with us. latest in our legal history. stay with us ctly when we'll be there. saving you time, so you can keep saving the world. >> kids: ♪ safelite repair, safelite replace ♪ coaching means making tough choices. jim! you're in! but when you have high blood pressure and need cold medicine that works fast, the choice is simple. coricidin hbp is the #1 brand that gives powerful cold symptom relief without raising your blood pressure. coricidin hbp.

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spent four hours with secret evidence bringing their claim that paul manafort lied to investigators and breached his plea deal. being a fly on the wall is pretty much the only way any of us would know what this secret evidence was because they went to great lengths to keep everything secret. they cleared the courtroom, shooed out the journalist. they even covered the windows on the doors to keep out any lip readers. paul manafort was there, including his attorney, but we don't know much after that. we won't know until a redacted transcript is released. they said what they wanted redacted. the judge pushed back manafort's hearing until march 13 and made a preliminary hearing for february 14th. on manafort we will all have to wait a little longer, but here's something nice and definitive that's happening this week. wednesday the house intelligence committee will hold a full committee meeting to, among other things, vote on sending

official transcripts of congressional testimony to robert mueller. this is important. because official transcripts are what robert mueller needs to indict any more witnesses for lying to congress. that's the way you prove someone is lying to congress. that's wednesday. mark your calendar. as rachel would say, watch this space. not cool. freezing away fat cells with coolsculpting? now that's cool! coolsculpting safely freezes and removes fat cells with little or no downtime and no surgery. results and patient experience may vary. some common side effects include temporary numbness, discomfort, and swelling. ask your doctor if coolsculpting is right for you and visit coolsculpting.com today for your chance to win a free treatment. (music blaring)

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perhaps about chief justice ruth bader ginsburg, this one is for you. justice ginsburg made her first public appearance since undergoing lung surgery to remove a nodule. she burst into song in d.c. welcome back, ms. gunsburg. rachel will be back tomorrow. i'll see you in my own shows. good evening laurn, lawrence. >> good evening and we'll be adding onto that subpoena to the committee. we've been able to see that subpoena, read some specifics on it, including one particular name. so we'll be adding, and i think as these hours wear on, this will not be the end of it. >> that is an interesting story, and i'm glad you're doing it. >> we'll be developing a lot more tomorrow, i'm sure. thank you, ali. >> thank