we'ree backith howard neman d maria teresa mar. let me ask you aboutut this iss of the healtlth ca billll. the presididt annnnounced today rnlg ginaa benjamin from alabam isgoing to be his nomine for surgrgn genel. many interpred this dedecision today, on ththmonday, his first day ba from s tp overseas,s, was to keeeep theexcitement behindis commitment to h halth care higigh onis agenda. mymyorry i that i ithe hill today i watched senatotoatch cacame on tonightht a sd they just votedd narrrrlyy oneote with bob casey ining his side, to nonot exclude abortn from e healthare coverage off this new plan. i justst think it mht be a deal-baker to include abortion whwhen theresident says he's going to reduce the nunuer of abortions in thiss country, through noncoercion,obviously. w can he do that and sayay i'm subsbsidizinit at the same time? >> i think it'ss aifficult

oblem and this isishere a lot of wen's groups are goinin to look a him criticallyy to see if he'smaintaed hisampaign promisto push forwardd their issues. i think he's going to he a fight. think e of the reasons he came on mony, in the middle off the confirm hearings, at is he kn america was watching and at he wants too demonstratate that he's a multi tasker. i think it demonstrates that h h believes sotomayor is goingo get confirmed ratatherasily --- >> back to my questioion. is he going to kill his health care bill l by includinin artion financining by taxpayers for a americs under this plan? in othererords,e says he wants to reduce thenumber of abortis in this untry, now he says, by the way, i' going susuidize them. doeses that wo polically? >> it's ghlg to be hapn. think he's going to go beend closedoors and try to figure out e pulslse -- >howard >> i thihink the heaealthare bi is in big enogh trouble as it is whout loading the abortioion issue on to it.. i don'n'know wt they're ththinking they're gogoing to le the whole bibill. >> maybe bobbyasey will save them f from the worst

inclininations. thank you, j jn us again totorrow nht at 5:00 and 7:00 eastern for r more "hardball" o our and new sethere. ght now it's timime fo "the ed shshow" wi ed schultz. i'm ed schultz. thisiss "thed show." go evening,, americanan live from 3 30 rockn neeyork, it's the ed sho on msnbc. he's back at it viceresident dickheneytold thcia t to cceal a seseet counterterrorismsm progr from the e cogress. a top democrcr sa what cheney d may be illal. i say it'ss time for a spepecia precutor. > and t party of "no"o"s using sonyatomayos confirmation h hearing a basically y opportunity to attackck the nomiminee, and of cose president obama. it's an " sw" exclulusive.

patrickkeahy from vermrmont wi jojoin me tonight "thehe ed show." > new details abouthy sarah paliquit. andbout how her financial por is really w what it's all abou her ac money iss up tere at $75000 and starting. told you that's what shehe was going to do. > "psycycho talk." we've got a great panelel comin up tonight. first tonight's "op ed."." we nownow why dick cheneyey has st beeon the offensive f for the lastst six months.. hey, it's a great defse. chen knew therere would d legal quesons about theirirctions. he was tryingto gin up public support,t,et the base al cranked up to say, hey, we had to do ts to protect the untry. well, , a secret prograramrun b the cia, on d direct orders by then dick cheney, vicece presint of the u united statete is no bacally the eye ofhe stormrm the bush administratation concealed infoformation from bo the e house d senate intel committees.

first of all, the americican peoplele have a right toto know what's going on.n. most of all i think sesecret prprograms operang oututside th govement without congressiononal knowledge and oversit is agaiait the w. >> iff somody told the cia not to infoform the a aropria memberof congresss on informatatn theyhould be informed of, t tt's wrong. but t that i't -- that isn't a robe to didisassemble the a ---- >> no, no o o -- >> t make them a chippppg child in t middle of the publlic opion which underermines -- >> this of couourse ces on the heels s of a statament, unprove by the way, of speaker pelosii that thecia l liedto her a abou enenhancednterrogation techniques. and th looks to me suspiciously like ann tempt to ovide political cocor to h and othths. toto try thelp the vice president and d say, he's the o that'st fault, this is unrtunately -- soununds like a new theme wheree ey still l wan to blame the bush/cheney adnistration. >> the logic is unbeliliable

folks, thiis n about nancy pelosi. nancy losi hasn't concealed anything from anyonene. she's the one that's been talking about fulllldisclosurur. wait a minute,e, it's not about politics. this is about thehecks and balances ur government. we can'teteople in sitions ofof power just runun roughshshr all and do w wtever ey want to do without a anybody knows at the heck's'soing on. the oba administstrationi don't ththink theyan ignore is. th has got sppecialrosecur writitten a overit. now, everybody wants to move on. by we all wawant to ve on. nobo wantto live in the past asas well. amicans, are we okayy with thisis? what dick cheneney did, withholding informatioion frr t cocongress and ordering those arouound him to do the same thi, basically is s a secr governme. that's w wt i is. i thinkk the oba administratiti needs to o t pintogs on this and get aftete it. the obama justice deppartmen this is s a grtassignment.

you need to g get in gar and get after the truth. joing me now is senator bll neon who is a memeer of e senate intelligence commtee. senator, good to havave you th us tononight. thank you, . >> how seous is is the americanan peoplare out there saying, l l's see, we had these guys inin power a and the theyey went off and di whatever they wanted to do,o, and nobodyn cocoress cld do anything abobout it, anand we're supposed to be okay with that a american citizens what do yoyothink. >> ed, let m me telyou where i agree th you and disasagreeith you. first t of all i i thinkyou're absosolutelyright, thisis is maer of checks and balances. the congresss law should be informed o of y new intntelligee mission. d even though after t the fafac lookokg back, this was nevever carried out, e fact is thatt was set up andhe congngress and thintelligence commtee, especialally thehairman and ranking memember, should have bn formed. anand that i an infraction of te law. d therought to be a

investigation,n, and the is in ththe hououseintelligence committee. where disagreree wth you, ed, is that this shouldnot be a special prprosecut. it isthe c ccks an balances. the part of f the l law that wa broken down is the fact that the legislative e branch o governmet was not infformed and we can do ououown investitigation >> your owown invnvestigati, wh dodo that an? does thahat mean dick cheney'ss going to be c cled in, ked to ise hi right handnd and tl the ole truth what't' gng on to thesecommittees? >> accding to the publishehed reportrts alreadyy out there that cney was th one that, in ct, said, don't share this with the congress. now, that't's t riright. and t tat's a violation.n. and so the inveveigatioto get to t the bottomof it, auththentiawa auththentica that if it's true

thenhere will be redies and there wi be penalales. >> okay, so do o you thk that ththey brokehe law? based on what you know on thee intelligence c committ, you to th not knowing, do yobelieve ththbush ainistration broke e law here? thatoes back to 1948, i i believe. >> the lawis that t congress has to be informeded that is correct. >> now,what would be the next step he? wh would the demomoats have to dodo here, senatoror what has to happen?? >>well, you'veveot anongoing investigatation in the house intelligence commite. i thinthat's entirely sufficient. they ought to be able to com up with what t happened lay i it o and then proceed from ththere. >well, but senator, you don' sound like you got a lot of passion for this happppn. there's a lot of americacans o thererthat wt toknow, what's e other foot t that mig drop here? wh else were they doinghat we didt know about? >> l me tell you my passion,n, eded. my passisi ithat there ar a lot of amicans out there tat

havevegotto be proteed. and noway can this impede thmission of e cia as they are on a daily basis inrcepting the informatition of the d guys who a trying to continue toarm us. so my passion is tolet the ci dodots job legal and uphold e rule o o law. an if i don't sut and stomp like som people are calliling fr the v ve president's head, i want tdo this in the caca, deliberation under t the rule o law. >> good to have you u with us tonight, thanks so o much. >> thas, ed. >> bill nelson from floloridaith usonightere on "t ed show."." joing me is congrgressman rush hot, seni membeber of t hse inteigence committee. ngressn, what's your take o this? is dick cheney just gogoing to le to d do whater he wan to do? in the aftermath of ts? say thatat we're not safefe, sa

that we' not doing theight policies, now we find out of cour that the was almost a secret government that w was gng on herer what do you make of this? >> well, it's good to bebe with you, first of f l, ed. it's nonot a if we're suddenen finding outt tha there weree al rts of transgrgressions going on. thisas been dribbling o o for ars. and wewe lrned just last week from the report of the spectors generalfromarious agenes that forr the warrantless eavesdroing, the warrantlesss wiretapping, it t the vice presisint's office, the ce president himself andnd his chief counsel,,ho prsonally decided whoo in the countryould be briefed onhese secret acvities. ananit wasot, by t the way, the congss. and so, you know,, youasked for passion. i mean, thisis rally is serious. it gets at the heartrt o what representative docracy is with a bi of rights. this gets at the hea ofhe

relaonship between the governmement and t individual. and we need to reestablish that relalationsh along the lines that t founders intendeded. and you know, thererare lot of people in n this country whwho here to flee othther coununtries where ththey fearar,you know, te knock on thehe dr in the middle ofof the night. they feearedthat their profeson, their livelihood,, would bebe ruined by substantiated sspicion i mean, whahat we've got here i thee cia decidining on t tir ow withouout a a oversrsight. you know, whwhat is appropriate internatational cort action? >> well, the ne queuestion -- >>decidi on their oown, who are e the bad ys whosehones shouldetapped? >> congressmama doesn't it nowo sit t the doooorsteps of t obama a ministtion to move forward with this? i mean, wre's the attney generara i know this s justame out overe the weekekd. but do you have sosome

expectations that t . holder is going to be aggresesve with this st rect information? >> y know, all i knowow ishat i read in e papper. it says thatt h is now talking abou annvestigation w wind h h own circle. thth's good. but t is issomething, you know -- if you'reoing to capture the inssence of liberty, i it meanit has tome from allides. itit has to me from the publi it haso comee fr the execututive brch. it hasas toome from t congreional branch. well as from t the judiciary. we need, i think, a major, comprerensiv investigation of what has gone n. >> sure.e. >> as i say, t there are all the dribs andd drabs thatat have co out over t years. whether it's -- >> and finnally, i got you on that. anrush, does this exoxonerate nancy pelolosi? >> youou ow, everybodyy kes brininng thaup. this is not what go on inde the ltway. this is the relatitionship betwn the vernment and the

individual. no doubt. >> any of us whwho have seseed these committees for any leng of timcan say,well, of c crse the cia iss into denial and deceception. that's theirir business. and unfortunatelel that hasn't stopped at capitol hilll -- >> but they're tnto goingng off and operating on eir own and doing whatevever they nt to and having operations ththat electedd officials don'tnow anything out on these select commtees. congressmama good have you. >> theshouldn't be, thank yyou, ed. >> thank you, coressman rush lt with us. let's go insidethe cia w with a form ciaa officer jack rice. good to have u o totonight. explain to our listens, viers tonight,hat is the difference betetween opetional anan nonoperaonal? i meme, y either have this ogram or you don't. >> you're absolutelyight. i'i'm lookg at this not just as a ciaofficer but als as a a former prosecutor. you think about thihi as anan actionab step. ififi'm going to r a bank i don'n'have tbe in thehe bank, steal theemoney, take itack to the house an count itefore i'veve committ a crime. once you go downnhat th, once

u takeone ststep, u hahave begun n is opetion. if we thi about this with the cia,a, if ty starteded ling out a list of people that they nted tkill, if t theystarted thinng about the funding andnd stard to spendd the ttunding guess whaat. the action has already started. the operaraon has already ststarted. and y y've en asking both e senator and the congreressman fo some passisi. how about this fororpassion. let's see some subpoenas.. lelet's seeomeindictments. d if, ifact, dickck chene approximatate did wat it appear he did, lt's see thisman in a cagege. how's thatatorpassion? >> what doeshis do t to the c? know cheney hasis alls at the cia, and they'y're thking thisiss a buh of hogwash, we had to thiso protetect the country, everyrying else. t th countntry doesn'n't run tht way. you can't go offn your owown a do whatever you wantnt to do. wowod thisffect cia mora at all? >>his isn't about t the cia. by way it's broader than hat. it's not about republicans, democrcrats, nancy losi. this is about t whathe consnstitutionays. thth is about what the 47 naonal security act says. if you commit a crime youdon't

sa gosh, iff i committed a crime should w do something about it? no. if y you cmmitted a crime, then you decidee how you're gng to sentence t tt person. this case, it'ss david dington and vice presisident eney went to the cia and saiid, you wi do this. ththen the guys w were guill ofa crimime. and i want t say somomething -- and finanally, does this put leon patta in an unteble posititi in an way with peoplee at the a? what do you think his popotion - hahaving t go to cocoress sing, look, thisis was going on, and yoyou don't dn't kn anything about it? >> it does not. leon patta did exactly w watt ise was supposed too do.o. when he found there was an oblilition, came foward. by t the wa th ported that pele w withinhe cia came to panetta and said,, you need to know aut this. so t this says something aboutue cia. it was driven out othe whithouse, we better follolo this all the way up. nally. it's a about time, don'tt y think? >> jack r rice, gd to have you on t "theed sho tonight.

supreme courtt nominee soni sotomayor stataed her confirmationon heari today and republans didn't pull theirr punches. i'll tal with patrick leahy about that and w what he tnksf dick cheneney withlding infoformation om the congress. welce the now network. cucurrtly, thousands of peop are enjoying the nenew palm pre with its revolututionary web os. they're rurunning muiple live applicions at the sa te. - ( thundeand in ) - 3 million e ing the simply eryrythinplan. each i is sang $1200 - over an at&t i iphonelan. - ( cash gister dings ) togetheth's over $3 llio - enough to open a dunkin' donuts in space. - ( walkie-tale e sods ) tfrom america'a's most dependable 3g n network bringing you the first and only wireless nwork. get thpalm pre from sprint.. only on the now networ deafaf, hard of hearing and peopleith speech disabilitieies access www.sprintrtrelay.com [ engine powers down gegentlen, you booked yo h hels on orbitz. we, the price went down, so you're all getting a ececk thanks. for the e erence. except for you -- you dn't book with orbitz,z,

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welcome backck to "the ed shshow." the cfirmation hearings for supreme courtt nominee sonia sotomayor got under way in the senanate toda righ talkers have openly accucused th judge of beg a racist. publican senators d didn't use the woword racist today but the pt up the sameine of attack, raising g question abboutbias ad emthy. republicican senor jon kyle -- you' recognize him from "psychcho talk-- he's extended hi attack to the p preside of the uned states. >> i respectfully submimit president obama a is outsi the mainstream in hihis statements about how jujudges s should dece cas. the quesestion forhis c committ is whethther judgeotomayor ages with president obama's theory of judging or whether theyey will fthfully interpret e laws and constitution and take siously the oath of her prprospectivoffice. >> okay. for morre, let mering in chairman of thehe senat judiary committee, senatoror patri leahy, witith an excsive interview tonight on " "the ed show." i ow it's be a long day and

you've spent a lototf time preparining for his. w did th judge do toy? ho did iall go? the demeanor of y your coterparts on th republican side, what do you ththink? >> e judge did very, very well as i fully expected her to. d actuallyly, as many republicans haveve privatelyy s they expxpecter to. i s kind of surprised at t the quote th you just hadd f from setor kyl. itit's almos as though he feels thatt's president obama who's up for confmation. actually, presesident ama was up foris c confirtion last fall. he ran a against a sator from senanator kyl'own state of ariza. president obobama wo thatonfirmation's been donone. so let us not -- lets go with a judgdge who's there. th is an extraornarily good person she was fifirst nominated as a judge by georgege h.w. bush.. th suequently another judgdgeship byby presint clinto. she's d more expernce on the

federal bench thann any nominee to the supreme courtrt in almo 100 yearars. >> senator, how aggrsive do you u think e republicans are going t to be, and any major roadblococks thayou might seeee going thugh this whole process? this goi to be an easy confnfirmation >> w well, i d't think they're ing to be as aggressivee as some of f the lears in the p pay who want t to call her the clif of the ku klux klan, another reblican who called her bigoted. i think k to the redit, most of the publican s senato have rely shied away from those nd of cments. ey'll ask some t tough questions. i'm make sure thee hearing is a reectful one. the jue deserves respect. ceainly with her backbone s she es. and i wiwill prect in thehe end she'll be connfirmed. i'm alalso willlling to grantee the will be republblicans o will votote for her just as republilicans voted for r in ththe last two confmations. > senat, let me ask you about this mosost rect news story about didick chey telllling peop around him to coonceal

informion from thecongress, so things that the cia was working on. what do you want attney generaral eric holdero do a this pointnt with is formation? what areour expectatioions? >> welell, i'll pot out whahat happened -- one e of the asons, as younow, i propoposed an accountability c commissio bibipartisan accountability commisission, toind out what everybody did, why t theyid it. but if somebody in govement is telling otothersot to obey the w, or suggting that at the highest levelels peoe are above the law, thaswrorong. in our untry, everybodyy has to obey the law. therere's not an exception for esident or a vice presidident or a united stateses senar. i think that he'll look i int it. but i alsoo think -- i've heard the c comments of senanator feininstein,ho's a chair of the sete intelligence committ. shee is very, very good. d she's certainly goingngo go into this. how t troubledre you this was going on andd e congress didn't knowow aboutit?

>> ell, if the vicpresident totold theia not to inform the congngress, ashey're required to by lawaw, then he's telli them break the aw. >> isis th the tipof the iceberg, senator? >>ell, it may well be we do know of course,e, from th reports, the published reports, and when ththisrogram was diovered or rerted to ln panenetta, t cia directotor, he ordedered itimmediately stopped. especially whehen he fou out that the congress had nev been informed >> senatoror, great have you withs totonight. >> good tobe with y you, idaho. > you bet. setor pat leahy, chahairman of the senaate judiciciary committ with us here on "the ed show." coming up, sarah pin says e's not out of politics. y would that susurpriseny of us? she'e's raisinmoney. i toldld you tt was going to haen. nenext on "e ed show," it's "psyo talk." republican lawmakekerays a publicic optiowill did kill you. ( conversati ) garth, you're up.

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another dandy on "the ed ow." time for "psycho talk" tonight. have y noticed in the cess these docrsome up with the craziest awers when it comes to healthareome we've got one tonight. . paul brown,the republican congreman from georgia. that's right. e congressman took to the house floorn fridayo rail against health care reform. you don't want it. specific, brown made some outrageous claims aboutour

neighbors tohe nor and about a public option. listen. >> and that'sxactly what's going on in canada and gat britain toda th don't have the appreciation of life as weo in our society, idently. d a lot ofeople are going to die. this program of government option that'being touted as being this panacea to save your -- allowing peep to have quality heth care at an affordable price is going to kill people. >> ha ha ha! that's a good one. pretty original. a blic option is going to ki you. you believe that? congressman, what are u talking about? what about the millis who a denied coverage because of a pre-existing condition under t currensystem we have i this country? i would argue that's killing people. how about the millions who put off going to thedoctor, or refilling prescription because they can't afford ?

at'slling people. then we have t claim that canada and great brain, you know, they don't even care about their people over there. media matters pn out that canada and great britain both those countries have a lower infant mortality rate a a longer le expectancy tan the united states. sad t true. coressman brown, without a publicoption, amerans could left without coverage. withoutritical care. and they cod actually die. tosay a public option will kill people, my friend, that is "psycho talk." gatheretotogeth for 22 grarams owhole grain goodness. it'shat makes triscuit woh every bite. triscuit. avavsome wonder.

my daughter was wiwi me. i tookok a bayererspirin out of my purse ananewed it. my doctor said the yer aspirin saveved l le. please talk to your doctor about aspirin d your heart.

>>welcome back to"the ed showow." the spspe e shtleendeavour" is schehedud d launch. 'l'll coverer tt t li on msnbc if it happens. the have ben numerous d dels s but it's expxpecdd to go in 20 minutes. t theresident threw down t t mmmm at health care today. spoke at a a rose gararnn ent

tontntduce his pick for the rgeon general positionon. settininththe cord straiaigh prididenobama said health c cee is going to get dodonehihiyear. >> i jujust want toto put eveve onontice. because there was a lot of chatter duringng the week that wawane. we are g goi to get this done. ininacon is not an option. and for t tho naysayerss a cynics whohink that this s not going to happen,onon bet against us. we are going to makeke ts s ing happenen >> l likt.t. thpresident met today with k key lawmakers in the health carere debate. in the m meengng was charlie rangel, cirman of theayayand means cocomtttt. he p prentnted pl that would tax the wealthy to lp pay f fo reformrm families making 3535000, $500,000, and $1 mililli aear would get tax r rat between 1% and 3% on theinccree.e. ngngel expects his plan wuld bring in about $450 billion i i revevenuovov the nextxt ten yea. some democrats a andven the

secretary of t theealth and manseseices showed skeptpticmm this weekend.. >> the house democrats are coming forward with a aieiece o legigislioiothat includes a 50 billlliotatax increase. with a surtax aboutt 1% that starts for individuals earning about $250,0000 year, climbing toto% for individuals earning $1 mimillnn a year or more.e. can senatat democrats signonon that? > ihink we're goioingo o ve a fferent approaoa. . >> i think at it's one of the eaeas at will beiscussed in the l lgg run. >> just to be precisese you're en to charlierangel's propopos?? >> i think eveveththinis on the table anand discussions a a und way. that table. at tatab's awfuful big. joining us is dememoctitic strategist jamal simmmo,, "w"wasngton post" columnist ej.. ononneand repububcacan ststtegist tim griffin w wis ninigh tim, i'l'lo to you first. it all come down to the moneyey doesn't it sooner or later thth democrats arargogoin to have to figure o outowow they're gogogg pay for this. the president saidid he couldge

isis de revenue-neutral, without increasing t theumumbe onon t budget dfifici and the ovoverll lolo-t-ter debt. yobelieve that? >> wouldn't bet on that, ed here's the problem. we'veone nonowrrom talking ababouthe niniured and health care policy, to talking g abtt money. d specifically whatprpresent obama's got to dealal with is e discussion o of taxes. fifirsweweere going t thahave n xes on sugary drinks. llll, at was -- they passed by atat that wasn'n't ining to cover enengh people. itit w going to hit lot of people belowowhahat they calll wealththliline now we've moveved on. wee e ju going to t t the wethy. there e e e a coupleeff problem wi that. fit of all,they're the job-creators. in this particular instance, this tax is going to tax adjusted gross income. ayay? so atat's before deductioio.. what that does i is impactss a t of smallbusinesses. . >> these are prropalals that

thth'r're rowing out there right now. >> sure, sure. the fact is, t presidentnt's going to h he e to figure out s ececonicicly on how to p for e.j. dionne, isn't this a major hurdrdlen n y k kin o reffm,m, the president't's ining thahaveo get the devivil the detail here? >> it is.. ereryby wants healthcare. weweant to payss little as poibib for it,ththat true us as consusursrs, 's true of us as t taxyeyers i i thk the usefullhing about what charlie rangel didid i is put an ideaa out theree an s s to pelele well,l, you dmocrats or liberals won't p f f t thi thing, and he's shing you can, in fact, if you want toto rais an awful t ofonon by simply taxing peopleatat t very top. people over$3$3500000 a yeyear so that gives s yo aeehmark agagait which to judge s se of the e otrrroposalsnn the table. s sur >> but i ihihinkaybe the m mst important thinghaha h haenen today isis ththat president oma sat down with -- at leaststee w scheduled to sitown with senator babauc a a senator grasslsley this whole trarain has swed down

a crawll because satator baucus and grassley s stiwant get abibill out of the finance committee. > yh. >> thehehihiteouse had hoped to be able to ha back util later t t process. i think thishows the prpresenent' decided he's g got weweh in early andd g gi those guys a a ltltl bit o oraybe mor than a little bit of a ph.h. >> i wonder if this isn't chipping ayay at public o oini rit t now. jamalsisimms, we look at some the numbers out theere you've got the "usa today"/gallup popollouou do you want mamajoheheal care form this yeaar? 53% of the americann pele are yiyi yes. 53% of the americananpeople a a nonogogointo get it done, they don't believe init. so, they ask aboutt supporting the taxing of the riric 58% of the amemerinn people are faavo that. urur thoughts.. i thought thereresint sounded pretty strtrononon ts today. he s snds pretty confident. >> he did sound strong. remember, we'veeeeen b bncncing around this trillioion llllar gure. $1 t triioion is the total cos. meme othat moy's goingng to be

cocost shifting. we don't have to c comupup w win trtra illion, we have t t come upup wh sosoththin less thhan th.. i think yoyorere rht on, ed we're goining h hav to papayy isisn some way. d d m almost at the p poi wheree i think we o ohtht thave someamerican idol" style tt memeagagin competition whwhe e h hire ourcompany,, cherry teeee mole, and say,dodo y want to haveve a v val-added tax, do yo wa t t tax sugary drinks, , on are do you w wt t a x on the rich? lethe americaneoeopl choose. sooner or lateter 'v've t to do something that's going to o be unpopular to get thihidone. >> qqckly, around t horn, leles s ta sarah palin. titim,s she going to raise a lot of ononey e'e's t off to a great art t she's isisinmoney, she's's not gettining t t politics, surprise, surprisese. >> she's going too raise a lot ney. the ququtitionhe's raised is who e e the independents andnd dedemoatatshe says she's going toto he -- she's g gog to campaign r?r? she says she's goioing caampgn for indepenenntnts and democrat who are foror limited gornrnme, ststngng defense,owow ttax.

d d i want to see where s she finds these. e.j., wrere's she going? ththin she's iningn talk show t t compete d dirtltl up againsnsyoyou. she'll be on fox. i think she'ssoing on t t speakiking circrctt and ihihink she'll makaka a loof money on heher okok >> it's gogointoto btough, our nunumbs are getting better all the time. jamamal,owowan anybody running fofor ngress turnway sarah palin with her starpowewer? well, nobody whoho wantsstoto peal to moderatates and indepependtstss really going to re that much about sararah palin. fofor publicans who have t to gethe core nservative b bse out, she's clearly t the kekey. but t rr rah palin, i think th's's jt about the enenof the roroad she'll be a great pepers on the stump. e'e'llake a lot m mon on the bobo t toulike e.j.was saying. she'll make a lot o money doing speeches. shshe ll not be esident in 2013. gentlemen, stay witith usus. we hope t t come backtoto you. ththshshute ndeavour," the launch is suuppededo tkekelace at 51fter the hour. 'll be covering uphhat live.

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welcomback to "the ed show." my "playboo i wt to talk about day one of sonia sotomayor's confirmation heings. we knew the rights were going toount an attack. asurprise the at senator jeff sessions, ranking republican on the committee, set the tone for the rities from the beginning. senator should vote fo an no invidual nominated by any president who believes its acptable for a judgeto allo

their persal background, geer, prejudices, or sympathies to sway their decisi. call itempathy, call it prejudice, call it sympathy. whatever it is, it's not law. >> well, senator, ections do the gooduys won the last time. here's my vorite comment of the day, thugh. senator ndsey graham of south carolina. >> ts wise latino comment has been tked about a lotut i can just tell you one thi. if i'd said anything remote like that, my career woulhave beenover. >> your careerould have been over? i don't think that'she case. e people of south carola get to votwhether you are or out of office. d as we've seen recent weeks, the pople of south carolina are very understanding d very patient. ju look at the situation with the governor downthere. today basically it was all scripted. you hear senator going back and forth, making thei statements. except you didn't har much from judge sonia sotomayor. she made quick statement at

the end. tomorrow and wednesday, it shou get pretty insting with the and a getting under way. we'll be following it right here on msnbc. a quick reminder,the shuttle "endeavour,"he launch has just been scrubbed. it was not beappening tonight. coming up, sarah palin is raking in the dough. her political acon committee has raised ny $1 millio so far in 2009. and from alask that's a lot of ney. now, that'the kind of money thatepublicansould like to geeir hands on, especiay inhese lower house seats. stay with us. applebee's 2 for $. it's refshed, real good d ready for summer. choose one petizer to share and two enees for just 20 bucks. start withne of your favorites, like our snach and artichoke e dip. then bite into our new california shrimp sadd or ourlassic seven ouncuse sirloin. applebee's 2 for $20. it's real food at the right price, and 's got what it takes for a real summer night out. 2 r $20. only at applebee's.

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welcome back to "the ed show." nasa scrubbed the launch of the space shuttle "endeavour." it is the fifth timethis crew has had failure to launch. let's go to bc's jay barberie at the kennedy spe center in ca canaval. the luck isn't withhis crew on the ground anyy, jay. is it all about t weaer >>sure isn't, ed. >> is it all about the weath. >> yes, it is. no, no, they had someydrogen gas lea earlier last month with this mission. the first couple of times it had to do with that. they fixed the leaks. so now it's the weather each time they're coming downo. again, it's hd tlaunch anything, and asmall window in the summertime in flida, pecially in the late afternoon. ifs was early morning it would be a big difference. but they can'to it. they've got to wait unt the space station is overhead, or cong overhead in the same

orbil plane. th they can fly up there and rendezvousnd dock with it. >> i undstandhey're going to try tomorrow evening, 6:25 eastern time. this is rather taxing mentally on the crew, isn't it >> oh,t sure is. they'rgoing to try torw. theye looking at it right now. within 30 minutes there going to decide if they do try that window tomrow or wit another day. but the problem is, i ty wait until wednesday, thell be getting into the time of a russian cargo ship that coming upo the international space station. so t they'll have to stand down until the e of the month. sot's getting laughable. we've been at this two months trying to get ts launch off, ed. anthey need toly eight more missions to the space stion, and then they will retire t shuttlfleet. they'rying to doit by the d of ne year. and i don't thk they're going toake it. i ink they're going to be going into 011. they're trng to get the next cks going. right now, nasa's in a drift.

nobody really knows whe they're going. that is taking a look at oard everything f president obama. so everybody's jt sittin here trying to do what they' got la out for hem. but it's kind of ke, you know, a no man's world her >> jay, thanks for yr lp tonight. it's of course t fifth delay so far for the "endeavour." i talked about how dick cheney ordered the cia to withhold counterrrorism informatiofrom congress. so you knowhat i think. it illegal and we need special posecutor. that's probably not going to happen. i think we need to get to t bottom of all of is. let's ing in our panel. jamal simmon e.j. dionne, and timriffin. jamal, let's g with you first. how dogmatic, she sould i say, the ama administration be to get to the bottom of thi are they weighing public opinion

on this? are they rely going to seek out e truth? >> used to be against some kind of investigation intothis. but isecoming clear now there's so much more here than even thought we knew. as donald rumsfeldould have said, it's the unknown unknowns that arenawingt the linin of my belly here. what i want to see ithe government to figu out through some sort means, and maybe eric holder will do it, what dick chen did when he was in fice, what secretrograms existed, what we ha to stop and whate have to apologize for and let's move on as a countrand li up to the values we all hold. >>e.j., what defense wld dick cheney have at this point to the intellence committee to have a legal righto know what the heck is going on? are we back , hey, we got to keep the couny safe and only we could know in the oval offi, and at's it? >> are you telling me i havto come up with a defense here for dick cheney? i think that -- you know, i thintheir gument would obably be something like, thi thing s really seitive and we couldn't tst them. but that's jt not what the law

allows theto do. i thinit would be simple enough forongress itself at least to figure out, d vice president -- then vice presidt cheneyell the cia noto tell congress about this? because that is a serious problem. and as you mentioned earlier it goes back to the whole contversy over pelosi. it really does begin to look like, in t years the cia wa't leveling wit congress on everytng. and 's important that congress be informed. >>im griffin, how do you defend thi >> well, clearl the laweeds to be follow. i don't thk there's any question here. i thinpart of theuestion he is, what are the rest of the facts? we don't kno everything in this case. but there is a political component. and that is, the administration's got to be careful not to get the bad guys mixed up. that the programs, the policies that were in place were to combat al qaeda. noweave a situation where was a plan apture and kil here

al qaeda leaders >> tha's not the outrage the outrage is that the vice president perhaps, or someone at the cia, decided not to level with congress abt what they were up to. you can gofr al qaeda, just tell the people who a supposed to be mindinghe store what you're doing. >> as i said, as i said, the la should be followed. and there are a lot of facts to be known on that. e of the first thingshat me out today was thatpanett was caeling this program. and there was tre that this exted. >> well, that is true -- >> it's legal -- >> go ahead, e.j. >> what i was goin to sayis, if there's solidarity i this country across political lin on any issue,t'sthat we agree onhe need to go after al qaeda. andthink theprlem with some of th things the last administration did, pticularly when it treated democrats core and the congress i general as untrustrthy, it

helpedreak down some of the sodarity that we had in the war on rror. i tnk it was counterpductive for the very purpose that our repubcan friend here say we should pursue. >> well, find that very interesting. wa to talk abo this political component that tim just mentioned. this isiz cheney giving an interview to "the washington times." this iwhat i call her spin on it. let's ar it. >> it gets more and more appalling sort of ev day. looks to me like you had about six or so democrats up on e hill decide that they were going toiticize this intelligence. i think they're veryorried about speaker pesi. they gothe idea it looks like thatomehow this briefin b panea was something they could use to tryto provide some cover, i suppose, for e speaker. >> jim griffin, do you beli at do you belie that leon panetta me in and said, hey, they've been running a program that nobody knows about the congress, because wee got to

give cover to nay losi? >> i do not believe that he specifically said that. but i do believe the a litical component here. >> what would it be? >> i think the problem is the gleefulns that you see when something ke this comes instead ging someone th benefit of the doubt until the facts are completely out, as we should do -- >> well, there's fact here tim. have the acting director rit now -- the director of the cia, leon panett coming up saying, look, this program been going on, a he di't know anything about it if youe on the house and sene intel committee. that is ainst the law. that is a fact that i think would ge a curious hunting dog on the trail. >> if there arfacts that shou have been sclosed to the house an or the senate, and they we not disclosed, under the law, the clearly that's issue. but, think there' so much here that is scloseable, because it is confidential a

assified -- >> even to the inte commites? i'm talking about in e public domain right now. >>kay. >> it's har to reach a substantive conclusion at this poin >> all right. >> again, i thinkt's the gleefulnesat whic manyeople are demonstrating their -- after this camout. >> well, don't know if i's gleel or not but i know the erican people aren't too happy about the fact that there was a secret proam going on that people who were supposed know, in on the know, were not briefed onit at all. e.j., wh do you make of liz cheney's comment tre, politicizing it t way she did? you know, tim used word "gleeful." "a," i dot think anybody's gleeful. "b," the perso who's least gleeful is leon panetta. because he is try to dotwo things at once and it's rlly toh. he wants to lead the cia. he wants presint oba to have credibility with t cia. he wants to get us to a new place. so the really n't want to be dragged into these old controversies. but he's also a formermember of

congress. and he kno that congress is suppos to be briefed on this. d he believes in briefg congressn this. so i think the notion tha leon panetta, with his responsibilities at the cia, i somehow cooking somethingp for nancy pelosi,that fls in the fa of who he and is how he behad when this controversy started in the firstplace. >> i want to ask you aout the sotomayor.on hearings of sonia w gressive do y anticipate the republicans to g? today was kind of a shot ove the bow. wh knows if it will go any further than what it did toda most pe arehking there aren't going to be jor roadblocks here. what do you thin >> i don'think we're going to have maj roadblocks but clearly th repuicans have laid wn that they are going to me after her, you know. she'not an umpire. she's supposed to be calling bas and strikes. yoknow, that's no reallyhat weick supre court justices r. we want a supreme court justice that's going to sit with eight other people a aually look the law and figure out how