and funally in supreme court news. justice ruth bader ginsburg first time back, and first time she missed courtroom arguments. and kwaetd hardball" with chris matthews starts right now. >> constitutional. ♪ let's play "hard. constitutiona. ♪ let's play "hard in for chris matthews. we've got lot of news to get to tonight, including breaking developments in the russia investigations. but first, as expected today president trump declaured a nationalmergency at the southern border to secure money to build a wall and address what he calls nanivation. >> so we're going to confront the national security crisis on

our southern border and we're going to do it one way or the other we have to do it. not because it was a campaign promise, which it is. one of many, not my only one. a glat thing to do because we have an invasion of drugs, gangs, people. and it's unacceptable. avr within knows that walls work and there are better examples than el paso, frankly. everybed a knows that. nancy knows it. chuck knows it. they all know it. it's a bigging lie a big con game. we don't need a military because we'd have a wall. the president later suned a bipartisan spending bill to avert a government shutdown. because he can't get a better deal from the bipartisan compromise which was a fraction of the 5.7 billion he had been demanding. >> ient with through congress, i made a deal.

i gottall mosz 1.4 billion when i wasn't supposed to get $1. not one. and i've we've already done a lot of wall for the election. 2020. and the only reason we're up here talking about this is because of the election because they want to try to win an election which, looks luke they're not going to be able to do. >> the president is hoping to unlock roughly 6 and a half billion to add to the 1.4 billion congress hassall red provided to fencing. >> on the wall, they skimped so i was sucksisful in that sense but i want to do it faster. i could do the wall over a longer period of time. i didn't need to do this but i'd rather do it much faster. >> house speaker nance a lohsy responding to the comment i didn't need to do this.

clearest sign that donald trump's fake trump emergency is not legitimate? just a faster way to force tabs payers to the bill after congress wouldn't let him have his way. speaker pelosi vowed the congress will defend our kaungs tuesdayal authorities using every remedy available and called on republicans to othe measure. and in fact two republicansx pressed their -- and i'm joined by radio host for serious xm. white house are porter for the associated prsz and assocuatededter for "commentary magazine" and the author of "unjust and the making of america." we just put at statement up there from your leader in the

house, chuck schumer, her counterpart on the senate. they both said they're going to use every tool at theradispozeddal to fight this. what are you going to do to fight this? >> first oall of we should make clear there is no emergency at the border. they're at 40-year low. the president's own intelligence community when thaw did their assessment barely references the southern border and certainly dont identify as an emergency. so what we'll do is a res lose of disapproval in the house and thesont that will dus prove of the invokz of this emergency. if that is vetoed by the president, then there will be a legal challenge. this is the president attempting to circumvent the will of the american people through congress. we have the power to make approp reaugzs. that's our kaungs tuesdayal dut a. the president is try circumvent

that process to makeup an emergence and ironically take money from military construction and counternarcotics work. he's taking away billions from them. this about the rule of law. and whether or not the republican colleagues are going to join us to step up and make decisions about how tax pawer money is spent. >> you're talking about a res lose of disapproval. i've seen this idea put throughout that maybe lenl slagz would be offered that clarifies more specifically what powers the congress is giving the president in terms of what counts as an emergency. assuming any of that would foss a veto from the president, from your standpoint, you would need 2/3 super majorities to override that eveto and morthan we've soon break with this president

on anything or failing that you would need the courts to intervene. is that real a the ends game here? are you going to head to the courts to step in? >> i hope our republican colleagues will join us in this effort. we haven't seen a lot of willing noosz call out the abuse of power by the administration. there have been republicans already expressing displeasure. whether we would have enough to sustain a veto is uncloor. but i think it's luke latoened up in the courts. make sure this president doesn't think he's an imperial king that gts to circumvent the checks and balances and the rule of law in this country. >> speaking of how this is playing on the republican side, mitch mcconnell, hooe's going t back the president.

tom tillis, i think lamar albsander. how much slippage will we have on the republican side? >> there were a lot of republicans that ebs pressed it displeasure with the president's move. but that's extremely frustrating. i think just about everybody including the president wants this to end up in courts. i. dont think they want to have to defend the efficacy of a physical barrier. i thin everybody wants to out osource to the jooudishiary and it's an extraordinarily damming set of conditions. no longer is congress steward of its own authority and no longer the executive branch consult with congress. it's showing contempt with

congress's meser. >> what you're kind of get at there was i think the cynical forecast was all along was they're goto be at an impasse. it's going to basically be on the democrat's term because they see no incentive to fold and hoowill do this executive action, declare this emergency. some court will strike it down and he'll boo able to say to his folks, i fought on this. are you getting any indication that's what's go on sneer >> they feel what's important is not the wall but the fight for the wall. i mean certain lathe argument can be made that the white house has botched the first couple years when the republicans held the house. they're now left with the democratic house that didn't want to give anything.

he tried to spin it like i got billion or so dollars and that's enough. there's no question it's a defeat. but he couldn't afford another government shutdown. took an absolute toll on his poll numbers. he's showed an awareness of that. he can't do it again. this is his way to wig withal out of that, kick the can down the road and he can talk to his supporters about how he fought for that wall, the democrats are weak on border security and he can blame that person. a very odd sing/song a way. >> and before hooe became president, he said he was no fan of the executive orders president obama issued. >> obama signs his executive orders all day long because he

can't get along with everybody. >> we can't always sign executive orders. that's not the way our founders set up this country. you understand that. that's not part of the deal. >> the executive orders and i guess he says take us to court unfive years some judge will make the a determination. it's wrong. >> i will terminate every single illegal obama executive order. i will restore constitutional law to the country. >> i think certain he could be impeached. >> something i've been hearing from democrats is if president trump is going to saw i have the power to declare an emergency, i'm going to say the border is an emergency and then i'm going to take munnau thoney appropria "x" taking it to "y" and that holds up,en the why can't the

next president say environment is an emergence. anything you can't get through congress, here's your answer. >> this is political cat nip. the fact he's declaring an emergency he's saying isn't an emergency. he just wants to expedite the process. to decide on a whim whenever they want to that something is a nationalmergence. we're one year from parkland. gun violence is actually a nationalmergence. 100 people die every day from gun violence. there have been 25 shoots since the beginning of the year and we're only at february 15th. so if you want to declare a national emergency, now is the time to do that around gun violence. but we're doing what trump wants, which is to appease his base. you look at the numbers. we know they don't believe in

facts or read but the idea is since woo have had the lowest, the lowest immigration rates since 2016 that we know that crime by undocumented people is actually very low unareas where there is an influx in undocumented people. and the numbers tell the truth that there is not an invasion that is happening. you just did coverage yesterday that wall. it looked quite calm and pleasant. when we look at the truth the facts of the case, it's up to democrats to lay that out for the people. >> the question i'm asking is longer term -- i think one of the stories that i'm sooieeing democrats have changed in eresponse to what trump has revealed is possible. democrats are going to say two can play at this game. >> but that's dangerous.

it's dangerous for our constitution. i don't want a two can play at this type of maneuvering. there are checks and balances for a reason. but sure down the road when something happens, when there is a democratic president, god willing untw willing in 2020 and we're looking at climate change and then eight years towards a meltdown, why wouldn't they declare a nationalmergence. maybe no cars on the road. the idea that you can do whatever you want when with you want it as a whim or with your ego is not what the founding fathers thought about. it's not right. >> take the members of congress out of it and look at the talk show crowd, if you will. ann coulter is going at trump as hard as i've seen heir go at him

on this. we're always talk about this question of trump's base. is he going to lose dash does this have any bearing on that? because she shaz been, in terms of his supporters, until recently, when it came to the wall, she was at the forefront. >> there's a misapprehension about who the president is here. donald trump is the president. if the trump base was going to abandoned him over the wall, they would have abandoned him a long time ago. the wall is what the protagnist wants. it's not about border security or a crisis on the border. it is about whatever the president seeks and what he's done is erode the civic compact, particular la particularly national security. he did so in order to label japan, for example, a threat to national security. he did so to reward farmers who

were hurt by his tariff trade war. heall most did so when heall most ordered the department energy to buy above market price power from inefficient coal and nuke aller gen raise. these are precedents that cannot be unset. power is a one way ratchet. when you krirunning this bell, cannot be unrunning and the next president, i thing will build upon them because the base will demand it. >> it feature under to what the president was saying. he spoke about the influence of conservative media in his decision. >> did you tell us to what degree some of the outside conservative vo conserve voices helped to shape your view? >> sean hannity has been a terrific, terrific supporter of what i do. if i changed my views, he wouldn't be with me.

ann coulter, i dont know her. i haven't spoken to heir in way over a year. but the press loves saying ann coulter. probably if i dud, she would be very nice. i like her but she's off the reservation but anybody that knows her, understands that. >> and coulter has been criticizing trump for not getting the wall done. today she said the wall is his mandate. >> no one thought oh, look, he's governor of the biggest state in the union. he used to run the ci ashes, he was regan's vice president, you know, h he was fdr's -- no, it one thing. the promimade every single day single speech. forget the fact he's digging his own grave. look thrbs only national

emergency is that our president is an idiot. >> i've never agreed with her ever. >> more broadly, people morsympathetic to trump voices were sawing this performance by his standards was uneven. what was going on behind the scenes. >> that was a kind phrase. white house reporters knew we were in for something when we rewlzed there were no teleprompters up and proveeded to go on for 50 minutes, beginning with a rambleing on how he was doing well and joust with reporters. we saw the fake news slur time after time and the sing song of what's going to happen to this disaster emergency if winds th the courts.

will any take that moment and step forward? we'll soo. there were some in advance of the declaration, will they stuck to that now that it's been declared? he's unlike ly to let there be too much slippage. one of hisse advisors said you' got to sell this to the public and tell them why this is and instead it turn under toa campaign rally and i'm not sure hoosold it at all. >> thank you all for being with us. and coming up new information in the mueller prob. another prominent player has spoken on the splgs counsel. roger stone has ordered to stop talking unpublic. thaw wouldn't order him to keep talking.

and former massachusetts governor william well withes faces challenges. later in the hour spike lee plays "hardball." >> come on. america would never elect somebody like david duke president of the united states of america. >> coming from a black man that's pretty naive. >> could the it he make hist ra. your car insurance so you only pay for what you need. great news for anyone 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. ♪ only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪

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this is moving day with the best in-home wifi experience and millions of wifi hotspots to help you stay connected. and this is moving day with reliable service appointments in a two-hour window so you're up and running in no time. show me decorating shows. this is staying connected with xfinity to make moving... simple. easy. awesome. stay connected while you move with the best wifi experience and two-hour appointment windows. click, call or visit a store today. welcome back to "hardball." we're following developments in the russia probe today. the first involves roger ston thrbs former political advisor indicted last month. a federal judge today issued a partial gag order, refraining him from making any statements

to the press that pose a like lahood of prejudice. he's used colorful analogies and pushed the conspiracy theory that the fbi tipped off cnn. and press sec areitary sarah sanders saying quote i was happy to voluntarily sit down with them. there is no indication she's unlegal skreper da. however one area of scrutiny may wlung with the specifically the misleading statement the president drafted aboard air force one on behalf of his son. at the time she public ly defended the statement as being true. >> there's no inaccuracy in the statement. >> fine that he will special counsel asked a federal judge to move up the sentencing date, asking for a sentence of 19 to

24 years. joined by jeremy bash, former chief of staff at the cia, former federal prosecutor and a republican strategist. that knows to all of you for being with us. sun cynthia, let's start with you. 19 to 24 years. that's what the prosecutors will speak for paul manafort. what do you mock of that? >> ouch. ouch. what i moake of it is we knew that was can coming because as soon as the cooperation agreement was torn up. it's not that. it's why. why would he talk this risk? this 69-year-old man who would take 20 years, what is so important that he has had to lie and to hide that? and that is the most important question.

not how much money is in the restitution. but it's the burning question. >> you think that's a question that's going to boo answered. >> dwroob. i have faith in the justice system. the wheels turn slow ly but the do turn. >> she says she voluntarily talked to the special counsel folks. the fact they were talking to her, people are looking at that statement she made in her capacity as the press secretary. what shoo was saying was what don jr. said was literally true and the counter is it left out a whole lot as well. >> she's paid by taxpayers. i would hope she would voluntarily cooperate with investigation where soonier high

ranking ofificials are part of it. she was not telling the truth when she said don jr.'s recollection was not correct. it was a russian delegation meeting to talk about sanctions are leaf. the trump campaign met at the senior levels with the delegation after it was made clear it was part of the russian government's efforts to support donald trump. when you combithat with the rog stone connections through wickey leebs as well as manafort, including the one in augs of 2016, there you can soowhat the prosecutors a prosecutor focusing on. >> this partial gag order being imposed on him. what effect do you think that's

go to have? >> the lawyers have to keep their mouth shut but thaw have to do that anyway under the rules of the cort. said when roger stone goes in to and out of the couhouse, 1 -- a she said i urged him to keep his mouth shut on the tv shows the twitters. >> well, susan it's interesting to watch the roger stone spectacle. obviously quite a bit of history with donald trump. the impression i had just watching all of this is that all of the traditional threats that prosecutors could make about you'll do this much time, your relationshiputati

relationsh reputation will be destroyed, he sooms to relish the potential to fight this in public and from a standpoint of how he seems to define his reputation. >> i almost thought he'd plead guilty right then and there just to talk about it. but what drives him is he's always been a out liar, a footnote. he lubikes being front and cent. he lukes to be part of the story when it's told in the history books. he loves the attention. he may go to jail and be relevant but he'll finally have that moment and that's what also makes him so dangerous. when you look at who the president has chosen to put himself around or who he's put around him, whether it be manafort or roger stone, these

are epip people who have had question >> and stone too is with trump this relationship. he's somebody who's bun on the inside with them. but who's been there. since way back. manafort was sbhoob came into trump during the campaign in 2016 but stone's been there from the start. >> manafort lives in trump tower. their histories follow around each other. so it just makes sense that manafort would be welcome into that innerserbal with roger stone's okay. because he's been with him for decades. >> and the partial gag order, just take us through leagugallyw

important this be imposed by a judge? >> well, jeremy's right the gag order is just their ethical obligation. so i don't see that as a big deal and in looking that gag order for roger stone. clearly judge jackson is not setting this setting this up as a trap but it may end up being a trap for him. you're going to behave onway that's acceptable and i guess we guess he's going to violate the order. to me this is a stair stepping way to go back into a full gag order. there will boo ea hearing at some point, once he gos on a television show and he was treated worse than osama bin laden and el chapo. but it's on laa matter of time

before there's a full gag ord oer on him. >> meanwhile acting director mccabe seems to have got under the president's skin. he said deputy attorneygeneral raised the possibility of invoking the 25th amendment to are move trump from office, according to a newly are leased transcript. how men a other cabinet officials might support the effort. president trump quoted harvard law dershowitz is a despicable act of ounkauns tuesdayal power grabbing which happens unthird world countries. this is an attack on our system and our constitution. you have another statement coming out today from mccabe. seeming to down play the

significance of any discozes that did take place but it was raised in some context at some point. the only thing i can think about is in the second term of ronald regan's presidency, the chief of staff got a memo sawing they weren't sure he was to it. baker observed him on the job and concluded we're not going to go forward with this. but to evilen have the subject raise would the president, pretty extraordinary thing. >> it tells you the extent that the president had been compromised. the russian federation had such significant leverage that he dud stla did not have the capacity to discharge his oath of office. the 25th amendment basically said the president has to be

incapacitated and requires a number of the cabinet and proseenleral aspects that we've not seen in our history. it show yos you how concerned at why the president was seem laact at the behest of vladimir putin, actually trying to obliterate the investigation into that conduct. >> thank you all for being with us. and up next, a former governor, a republican is considering a primary challenge against president trump. i'm going to head to the big board and look at how past primary challenges have faured and what it means for what trump may be up against in 2020. you're watching. you're watching. one hour pickup order?

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i'm here actually because i think our country is in grave parl. i have established an exploratory committee to pursue the possibility of my running for the presidency of the united states as a republican in the 2020 election. >> well, there we go. we've been talking about all those democrats, one after another getting in the race for president and now today a republican, someone who was a republican for a long time, left the part a, just came back and

you heard him there. former massachusetts governor, william weld saying in new hampshire that he may run against donald trump for the republican nomination next year. a primary challenge on the republican side, putngs al. forming an exploratory committee, usually the first step towards a candidacy. he was a -- 2016 libertarian part a candidate fvus president. before that he was the governor of massachusetts in the 1990s. lected in 1990 and 1994. he lost a senate race to john kerry in 1996 and ran for governor in new york un2006 and that went nowhere. now he may go against trump. not every day a sitting president gets a prime archallenge. the last one who had a primary

challenger who got traction, you got to go back to 1992. pat buchanan put a scare in the bush in the new hampshire primary. he got morthe than 3 million votes. they felt it was one of the reasons bush didn't end up winning reelbz. they got to go to 1980. gym a carter, ted kennedy. that was a famous one. ford, the unelected president. nixon had no trouble beating oogter kwun ofthem and in 1968 embauersed johnson. he dropped out of the race after that. what was their approval rating with their own party?

the folks vote in the prime ars when the challenges came into being? today trump is 89% with republicans. carter was at 40% with his own party. ford, 60% inside the republican party. trump sitting at 89% approval rating. that number right there. that's what bill weld, what any republican who steps forward to run against trump, that's what they're up against. still ahead crchris matthews ta about "blackkklansman," the history of ros and politics unamaurkeep. y of ros and politi unamaurkeep. ♪ doctor dave. see ya. ♪ here's your order. ♪

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the true story of ohow an african-american police detective uncolorado went undercover in the 1970s and became a member of the ku klux klan. movie's been nominated for oscars including best movie and -- here's kim bas chger protesting the academy over looking lee's film "do the right thing ". >> we've got five great films here and they're great for one reason because they tell the truth. but there is one film missing from this list that deserves to be on it because ironically it might tell the biggest truth of all and that's "do the right thing." >> nearly three decades after that moment, lee could become the first african-american to

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i but i can tell you i liberty mutual customized my car insurance so i only pay for what i need. oh no, no, no, no, no, no, no... only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪ hello. who am i speaking with? david duke. >> david duke of the ku klux

klan? >> yes. whew? >> i hate mexicans, and chooun ease and i real a hate those black brats and anyone who doesn't have purarian blood run through their veins. >> it's the true story of how ron stallworth was able to infiltrate the krbskk in the 19. tle me what it means artistically to be nominated for best director? >> this is the first time inmany years in this industry i've been nominated for best director and best picture. a lot of my fellow film makers, berry brown, a long time edit rb, newcomer adam driver, my guy, he got to nominated.

it's a good feeling and it's had impact around the world and we're going to l.a. to have fun. >> and no doubt most people, black or white watching the conversation on the television and him hoodwinking the klan leader all of time, david duke, because of the manner of his speaking, tell as lot about our culture and the way you put this movie. comedy with the tragedy of people wearing hoods. >> call me up and said spike, i want you to look at something. and i said what? six words i'm going to give you. black man infiltrates ku klux klan. very intriguing, absurd and that's where organically the humor comes from, just the crazy prms. >> and he gets clan and almost

like cartoon characters, they're so stupid. but i remember even clarence thomas, he even said that's not free speech. that's violence and using of the burning cross. >> this is a true story and ron stallworth did speak to david duke on the phone and the grand wizard thought that ron stallworth was of arian race. so makeup your own mind how smart they are. they're not ien steen. einstein. >> you wrote a move a about the hist raof mun strls. >> came out in 2000. >> you're like pat a here. waw ahead of your time. but the business of black face, when i grew up as a white kid and my dad had us watch the joelson's story and i note this is sequel in the late '40s, they didn't use black face so

something was changing in the industry. not suppose dood it. >> that's true. it never went away. so it's reared its ugly head again and it's with these fashion brands and politicians who are i think every politician in america should have them go find their yearbooks, second grade, high school, college, law school. but it's amazing to see what people have in the past. you go to my yearbook, you'll see a big, big afro. that's all you got on me. >> and i'm saur a as anybody. wroovr had our own problems up in philly. it was different stuff. there's some weird thing about white people thinking they put the black face on, they can do

stuff they normally wouldn't do and somehow that's funny. why did they do black face? >> number one, they never thought of african americans or before that, slaves, as human beings. we're considered 3/5 of a human ebooing. it's in the constitution. sowe're dealing with slavery and you see 1619 on my hat and hoody. 400 years ago, chris, the first slaves were brought to james town, virginia. 400 years. i think it's something we need talk about. 1619 to 2019. >> thank you, spike lee. good luck with the movie. good luck with the oscars. when we come back the huge field of democrats running for president in 20 twnt and what lessons the party maw have learned from republicans when it comes to debought. learned from republicans when it comes to debought.

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snots welcome back. the democrats presidential field is already big. nine candidates so far and it's only getting bugger. is burnbuernie sanders go to go through with a second campaign? jay insly, bill de blasio and there's still practically an endless list of candidates still eyeing their options. it is not out of the question

that the 2020 democratic field will match incise what we saw from republicans in 2016. 16 candidates. that was more candidates than republicans knew what to do with, especially when it came to debates. there was just no way to get 16 candidates on the same stage that same time and have any kind of a mooningful dialogue between all of them so republicans came up with a sluz. they took all of the polls and figured out who the top ten candidates were and they went to one debate together, the main debate, the one in prime time, the one with the largest audience. they even stood them on stage according to their position in the polls. donald trump used to brag about being in the middle and the rest got regigated to a smaller debate. they started call it a kids' table debate and they hated it.

they railed against the crier toia being used and the whole set up was generally consudered a bust. so what will democrats do? and now we know. the announcement from the dnc came yesterday. the first debate will be held this june and eligibility will have something to do with polling. anybody getting 1% in three polls between now and the debate will get in. all red ea i count 11 that meet that criteria. or if the candidates don't have those poll numbers, they cthey have grass roots support by getting 6500 donors. but the real change is this. there will be no kids table debate. they said if there's a surplus of candidates, then the first debate will be a two-night affair. on the same network two after another. two equal debates.

it raises an obvious question. dproo do vet voters have the appetite for that? if you're one of those that wants to see the debate, the first is on nbc and msnbc. both nights of it. "all in" with chris hayes starts right now. tonight on "wheth"all in". >> we're dpoing to be signing today and registering national emergency and it's a great thing to do. >> president undercuts his own emergence. >> i dud ridn't need to do it. >> the only national emergency is that our president is an idiot.

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